| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
6th District Court of Appeal
|
| Originating Court |
Circuit Court for the Twentieth Judicial Circuit, Lee County
20-CA-006205
|
Parties
| Name |
BRIANNA BECK
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
ROBERT POLLOCK, ESQ., SCOTT A. KUHN, ESQ.
|
|
| Name |
JAMES WRIGHT, INC.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
JOHN F. HOOLEY, ESQ.
|
|
| Name |
THE KATHRYN V. MONTAGNINO TRUST
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
HON. KEITH KYLE
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
KEVIN KARNES, CLERK
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2023-01-09
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant Reply Brief
|
| On Behalf Of |
BRIANNA BECK
|
|
| Docket Date |
2023-01-03
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter 1
|
|
| Docket Date |
2022-12-30
|
| Type |
Disposition by Order
|
| Subtype |
Transferred
|
| Description |
Transfer to Sixth DCA
|
|
| Docket Date |
2022-12-07
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee Answer Brief
|
| On Behalf Of |
JAMES WRIGHT
|
|
| Docket Date |
2023-05-30
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed - Per Curiam Affirmed
|
|
| Docket Date |
2023-06-22
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2023-06-22
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2022-11-18
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
ORD-STRICKEN ~ Appellant's motion to strike is granted. The initial brief is stricken. The amended initial brief is accepted as filed.
|
|
| Docket Date |
2022-11-16
|
| Type |
Brief
|
| Subtype |
Amended Initial Brief
|
| Description |
Amended Appellant Initial Brief
|
| On Behalf Of |
BRIANNA BECK
|
|
| Docket Date |
2022-11-16
|
| Type |
Motions Other
|
| Subtype |
Motion To Strike
|
| Description |
Motion To Strike
|
| On Behalf Of |
BRIANNA BECK
|
|
| Docket Date |
2022-11-14
|
| Type |
Order
|
| Subtype |
Amended/Additional Filing(s) Needed
|
| Description |
Amended Brief Required ~ Florida Rule of Appellate Procedure 9.045 requires the use of Arial 14-point font or Bookman Old Style 14-point font, and it requires a certificate of compliance to indicate that the document complies with the font and applicable word count limits specified in the appellate rules. Appellant’s initial brief •is prepared with the wrong font. •does not contain a certificate of compliance with the word count requirements in the appellate rules. Appellant shall file an amended brief within ten days from the date of this order and shall file with the brief a motion to strike the brief previously filed.
|
|
| Docket Date |
2022-11-07
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Appellant Brief on Merits ~ **STRICKEN**
|
| On Behalf Of |
BRIANNA BECK
|
|
| Docket Date |
2022-11-07
|
| Type |
Record
|
| Subtype |
Appendix to Initial Brief
|
| Description |
Appendix for Initial Brief ~ NOT BOOKMARKED OR TEXT SEARCHABLE
|
| On Behalf Of |
BRIANNA BECK
|
|
| Docket Date |
2022-10-27
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
ORDER GRANTING EOT FOR INITIAL BRIEF ~ Appellant's motion for extension of time is granted, and the initial brief shall be served by November 7, 2022.
|
|
| Docket Date |
2022-10-26
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Initial Brief
|
| Description |
Mot. for Extension of time to file Initial Brief ~ MOTION FOR EXTENSION OF TIME TO FILE INITIAL BRIEF
|
| On Behalf Of |
BRIANNA BECK
|
|
| Docket Date |
2022-10-03
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
ORDER GRANTING EOT FOR INITIAL BRIEF ~ Appellant's motion for extension of time is granted, and the initial brief shall be served by October 26, 2022.
|
|
| Docket Date |
2022-09-15
|
| 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 |
BRIANNA BECK
|
|
| Docket Date |
2022-09-15
|
| Type |
Record
|
| Subtype |
Appendix to Motion
|
| Description |
ALL OTHER MOTIONS APPENDIX/ATTACHMENT
|
| On Behalf Of |
BRIANNA BECK
|
|
| Docket Date |
2022-08-19
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid through Portal
|
| On Behalf Of |
BRIANNA BECK
|
|
| Docket Date |
2022-08-09
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
fee - civil; atty
|
|
| Docket Date |
2022-08-09
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter 1
|
|
| Docket Date |
2022-08-03
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed ~ WITH ORDER
|
| On Behalf Of |
BRIANNA BECK
|
|
| Docket Date |
2022-08-03
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
2nd District Court of Appeal
|
| Originating Court |
Circuit Court for the Twentieth Judicial Circuit, Lee County
20-CA-006205
|
Parties
| Name |
BRIANNA BECK
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
ROBERT POLLOCK, ESQ., SCOTT A. KUHN, ESQ.
|
|
| Name |
JAMES WRIGHT, INC.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
JOHN F. HOOLEY, ESQ.
|
|
| Name |
THE KATHRYN V. MONTAGNINO TRUST
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
HON. KEITH KYLE
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
LEE CLERK
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2022-12-30
|
| Type |
Disposition
|
| Subtype |
Transferred
|
| Description |
Transferred - Order by Judge ~ Transferred to the 6DCA.
|
|
| Docket Date |
2022-12-30
|
| Type |
Disposition by Order
|
| Subtype |
Transferred
|
| Description |
Transfer to Sixth DCA
|
|
| Docket Date |
2022-12-07
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee Answer Brief
|
| On Behalf Of |
JAMES WRIGHT
|
|
| Docket Date |
2022-11-18
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
ORD-STRICKEN ~ Appellant's motion to strike is granted. The initial brief is stricken. The amended initial brief is accepted as filed.
|
|
| Docket Date |
2022-11-16
|
| Type |
Brief
|
| Subtype |
Amended Initial Brief
|
| Description |
Amended Appellant Initial Brief
|
| On Behalf Of |
BRIANNA BECK
|
|
| Docket Date |
2022-11-16
|
| Type |
Motions Other
|
| Subtype |
Motion To Strike
|
| Description |
Motion To Strike
|
| On Behalf Of |
BRIANNA BECK
|
|
| Docket Date |
2022-11-14
|
| Type |
Order
|
| Subtype |
Amended/Additional Filing(s) Needed
|
| Description |
Amended Brief Required ~ Florida Rule of Appellate Procedure 9.045 requires the use of Arial 14-point font or Bookman Old Style 14-point font, and it requires a certificate of compliance to indicate that the document complies with the font and applicable word count limits specified in the appellate rules. Appellant’s initial brief •is prepared with the wrong font. •does not contain a certificate of compliance with the word count requirements in the appellate rules. Appellant shall file an amended brief within ten days from the date of this order and shall file with the brief a motion to strike the brief previously filed.
|
|
| Docket Date |
2022-11-07
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Appellant Brief on Merits ~ **STRICKEN**
|
| On Behalf Of |
BRIANNA BECK
|
|
| Docket Date |
2022-11-07
|
| Type |
Record
|
| Subtype |
Appendix to Initial Brief
|
| Description |
Appendix for Initial Brief ~ NOT BOOKMARKED OR TEXT SEARCHABLE
|
| On Behalf Of |
BRIANNA BECK
|
|
| Docket Date |
2022-10-27
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
ORDER GRANTING EOT FOR INITIAL BRIEF ~ Appellant's motion for extension of time is granted, and the initial brief shall be served by November 7, 2022.
|
|
| Docket Date |
2022-10-26
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Initial Brief
|
| Description |
Mot. for Extension of time to file Initial Brief ~ MOTION FOR EXTENSION OF TIME TO FILE INITIAL BRIEF
|
| On Behalf Of |
BRIANNA BECK
|
|
| Docket Date |
2022-10-03
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
ORDER GRANTING EOT FOR INITIAL BRIEF ~ Appellant's motion for extension of time is granted, and the initial brief shall be served by October 26, 2022.
|
|
| Docket Date |
2022-09-15
|
| 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 |
BRIANNA BECK
|
|
| Docket Date |
2022-09-15
|
| Type |
Record
|
| Subtype |
Appendix to Motion
|
| Description |
ALL OTHER MOTIONS APPENDIX/ATTACHMENT
|
| On Behalf Of |
BRIANNA BECK
|
|
| Docket Date |
2022-08-19
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid through Portal
|
| On Behalf Of |
BRIANNA BECK
|
|
| Docket Date |
2022-08-09
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter 1
|
|
| Docket Date |
2022-08-09
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
fee - civil; atty
|
|
| Docket Date |
2022-08-03
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed ~ WITH ORDER
|
| On Behalf Of |
BRIANNA BECK
|
|
| Docket Date |
2022-08-03
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
|
| Classification |
NOA Non Final - Circuit Civil - Other
|
| Court |
2nd District Court of Appeal
|
| Originating Court |
Circuit Court for the Twentieth Judicial Circuit, Lee County
20-CA-006205
|
Parties
| Name |
BRIANNA BECK
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
SCOTT A. KUHN, ESQ., ROBERT POLLOCK, ESQ.
|
|
| Name |
THE KATHRYN V. MONTAGNINI TRUST
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
JAMES WRIGHT, INC.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
JOHN F. HOOLEY, ESQ.
|
|
| Name |
HON. KEITH KYLE
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
LEE CLERK
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2023-02-01
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2022-11-18
|
| Type |
Misc. Events
|
| Subtype |
Case Closed
|
| Description |
Case Closed
|
|
| Docket Date |
2022-10-28
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Authored Opinion
|
|
| Docket Date |
2022-04-15
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice ~ NOTICE OF NO INTENT TO FILE REPLY BRIEF
|
| On Behalf Of |
BRIANNA BECK
|
|
| Docket Date |
2022-04-04
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee Answer Brief
|
| On Behalf Of |
JAMES WRIGHT
|
|
| Docket Date |
2022-03-22
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid through Portal
|
| On Behalf Of |
BRIANNA BECK
|
|
| Docket Date |
2022-03-07
|
| Type |
Record
|
| Subtype |
Appendix to Initial Brief
|
| Description |
Appendix for Initial Brief
|
| On Behalf Of |
BRIANNA BECK
|
|
| Docket Date |
2022-03-07
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Appellant Brief on Merits
|
| On Behalf Of |
BRIANNA BECK
|
|
| Docket Date |
2022-03-07
|
| Type |
Order
|
| Subtype |
Order Rejecting Filing
|
| Description |
E-Filing Rejected ~ Brianna Beck has electronically submitted a document entitled Appendix to the Initial Brief in multiple parts. The document must be combined into a single document unless it exceeds the file size limit of the Florida Courts E-Filing Portal. This filing has been rejected and must be resubmitted in a form that complies with the applicable rules.
|
|
| Docket Date |
2022-02-18
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2022-02-18
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
fee - civil; atty
|
|
| Docket Date |
2022-02-18
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed ~ WITH ORDER
|
| On Behalf Of |
BRIANNA BECK
|
|
| Docket Date |
2022-02-18
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter 1
|
|
| Docket Date |
2022-09-22
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Miscellaneous Order ~ On February 8, 2022, Brianna Beck filed a motion for leave to amend the complaint to add a claim for punitive damages. The same day, the trial court entered an order denying Beck's motion. On February 17, 2022, Beck filed a notice of appeal challenging the nonfinal order pursuant to Florida Rule of Appellate Procedure 9.130. Although the Florida Supreme Court recently amended Rule 9.130 to expand the jurisdiction of the district courts to allow them to hear appeals of nonfinal orders that "grant or deny a motion for leave to amend to assert a claim for punitive damages," it stated that "[t]he amendment shall take effect on April 1, 2022, at 12:01 a.m." In re Amendment to Florida Rule of Appellate Procedure 9.130, 47 Fla. L. Weekly S21 (Fla. Jan. 6, 2022) (creating subsection (G) of Fla. R. App. P. 9.130(a)(3)). Here, both the date of the rendition of the order (February 8, 2022) and the date of the notice of appeal (February 17, 2022), were prior to the April 1st effective date of the amendment. Therefore, the version of Rule 9.130(a)(3) prior to the amendment controls. See Sarasota Cnty. Pub. Hosp. Dist. v. Venice HMA, LLC, 325 So. 3d 334, 339 n.4 (Fla. 2d DCA 2021) (declining to apply the new version of rule 9.130(a)(3) because it was not in effect when the circuit court entered the order at issue or when the County filed its petition with the appellate court). Prior to the amendment, an order denying leave to amend a pleading was considered a nonfinal and nonappealable order. See Traveler v. Steiner Transocean, Ltd., 895 So. 2d 1191, 1192 (Fla. 3d DCA 2005); see also Hochstadt v. Sanctuary Homeowners Ass'n, Inc., 882 So. 2d 1094, 1096 (Fla. 4th DCA 2004) ("Therefore, the denial of Hochstadt's motions to amend his complaint in that action constitute non-final, non-appealable orders."); Zuppardo v. J.H. Investments, Inc., 300 So. 3d 775 (Fla. 2d DCA 2020) ("Michael Zuppardo appeals the order denying him leave to amend his pleadings below. We dismiss for lack of jurisdiction to review this nonfinal, nonappealable order."). Although orders granting leave to amend to add a claim for punitive damages were subject to certiorari review prior to the amendment, orders denying leave to amend were not subject to certiorari review. See High Five Products, Inc. v. Riddle, 286 So. 3d 890 (Fla. 2d DCA 2019) ("[A]n order denying a motion to add a claim for punitive damages is not reviewable via certiorari because such a denial can be adequately remedied on appeal."); Noack v. Blue Cross & Blue Shield of Fla., Inc., 872 So. 2d 370, 371 (Fla. 1st DCA 2004) ("[C]ertiorari is not available to review the denial of a motion to add a claim for punitive damages because an adequate remedy exists by way of appeal."); Sloan v. Toler, 778 So. 2d 1094, 1095 (Fla. 3d DCA 2001) ("If the trial court erroneously prohibits a punitive damages claim, the plaintiff may obtain relief by way of appeal at the conclusion of the case."); see also Estate of Esterline v. Avante at Leesburg, Inc., 845 So. 2d 1028, 1029-30 (Fla. 5th DCA 2003) (adopting Sloan and denying certiorari regarding an order denying plaintiff's motion to amend complaint to add a claim for punitive damages).Accordingly, because an order denying a motion to add a claim for punitive damages was a nonfinal, nonappealable order that also was not reviewable via certiorari when Beck filed the notice of appeal, within ten days of the date of this order, Beck shall show cause why this appeal should not be dismissed for lack of jurisdiction.
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