| Docket Date |
2020-02-28
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| Type |
Misc. Events
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| Subtype |
West Publishing
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| Description |
West Publishing
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| Docket Date |
2020-02-28
|
| Type |
Mandate
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| Subtype |
Mandate
|
| Description |
Mandate
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| Docket Date |
2020-02-06
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| Type |
Disposition by Opinion
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| Subtype |
Affirmed
|
| Description |
Affirmed - Per Curiam Affirmed
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|
| Docket Date |
2019-12-26
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Brief ~ "RESPONSE TO: DEC. 05, 2019"
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| On Behalf Of |
John D. Marshall
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|
| Docket Date |
2019-12-05
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| Type |
Order
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| Subtype |
Order to File (Supplemental) Appendix
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| Description |
ORD-Requiring appendix to brief per 9.130(e) ~ Upon receipt of the appellant’s initial brief filed on October 7, 2019, it is ORDERED that the appellant shall serve an appendix to the initial brief within fifteen (15) days from the date of this order. See Fla. R. App. P. 9.130(e) and 9.220. In addition, if the appendix to the initial brief is not filed within the time provided for in this order, the above-styled case WILL BE DISMISSED or the court in its discretion may impose other sanctions.
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|
| Docket Date |
2019-10-30
|
| Type |
Brief
|
| Subtype |
Amended Answer Brief
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| Description |
Amended Appellee's Answer Brief
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| On Behalf Of |
Allstate Fire and Casualty Insurance Company
|
|
| Docket Date |
2019-10-24
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| Type |
Order
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| Subtype |
Order Striking Filing
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| Description |
ORD-Stricken ~ ORDERED that the appellees’ answer brief is stricken as not in compliance with Florida Rule of Appellate Procedure 9.210 in that it is does not list the arguments in the table of contents. An amended brief in compliance with the rules shall be filed within ten (10) days from the date of this order. The time for any responsive briefing shall be tolled until service of this amended brief. Further, ORDERED that the appellees’ appendix to the answer 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 was not properly indexed and consecutively paginated, beginning with the cover sheet as page 1, and was not paginated so that the page numbers displayed by the PDF reader exactly match the pagination of the index. An amended appendix in compliance with Rule 9.220(c) shall be filed within two (2) days from the date of this order.
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| Docket Date |
2019-10-24
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Brief
|
| On Behalf Of |
Allstate Fire and Casualty Insurance Company
|
|
| Docket Date |
2019-10-23
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Brief
|
| On Behalf Of |
Allstate Fire and Casualty Insurance Company
|
|
| Docket Date |
2019-10-23
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief
|
| On Behalf Of |
Allstate Fire and Casualty Insurance Company
|
|
| Docket Date |
2019-10-07
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
John D. Marshall
|
|
| Docket Date |
2019-09-17
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Miscellaneous Order ~ Upon consideration of appellant’s August 8, 2019 amended jurisdictional brief and appellees’ August 16, 2019, August 19, 2019 responses, it is ORDERED that the above-styled appeal is dismissed as to the December 18, 2018 “order on motions to dismiss/various issues” and the July 9, 2019 “order on case management.” This court determines that the remaining order, the July 9, 2019 “order on defendant Allstate Fire and Casualty Insurance Company’s motion to compel plaintiff to surrender motor vehicle and title,” is a proper nonfinal order. Fla. R. App. P. 9.130(a)(3)(C)(ii). Appellant shall serve an initial brief and appendix, limited to arguments pertaining to the July 9, 2019 order on the motion to compel, within fifteen (15) days from the date of this order. See Fla. R. App. P. 9.130(e), 9.220. The clerk of the lower tribunal shall not transmit a record on appeal unless ordered by this court. Further, upon consideration of appellee David H. Gilbert’s notice of joinder, it is ORDERED that appellees Allstate Fire and Casualty Insurance Company and Kevin Snyder’s August 14, 2019 motion to dismiss appeal is denied. CONNER, KLINGENSMITH and KUNTZ, JJ., concur.
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| Docket Date |
2019-09-12
|
| Type |
Record
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| Subtype |
Record on Appeal
|
| Description |
Received Records ~ 1049 PAGES
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| On Behalf Of |
Clerk - Broward
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|
| Docket Date |
2019-08-29
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Allstate Fire and Casualty Insurance Company
|
|
| Docket Date |
2019-08-28
|
| Type |
Notice
|
| Subtype |
Notice of Joinder in Filing
|
| Description |
Notice of Joinder ~ NOTICE OF JOINING THE MOTION TO DISMISS
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| On Behalf Of |
Allstate Fire and Casualty Insurance Company
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|
| Docket Date |
2019-08-19
|
| Type |
Record
|
| Subtype |
Appendix to Response
|
| Description |
Appendix to Response ~ AMENDED
|
| On Behalf Of |
Allstate Fire and Casualty Insurance Company
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|
| Docket Date |
2019-08-19
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Allstate Fire and Casualty Insurance Company
|
|
| Docket Date |
2019-08-19
|
| Type |
Response
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| Subtype |
Response
|
| Description |
Response ~ TO APPELLANT'S JURISDICTIONAL STATEMENT (JEFF CATO & JARED SMOKE)
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| On Behalf Of |
Allstate Fire and Casualty Insurance Company
|
|
| Docket Date |
2019-08-16
|
| Type |
Response
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| Subtype |
Response
|
| Description |
Response ~ TO APPELLANT'S STATEMENT REGARDING SUBJECT MATTER JURISDICTION
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| On Behalf Of |
Allstate Fire and Casualty Insurance Company
|
|
| Docket Date |
2019-08-14
|
| Type |
Motions Other
|
| Subtype |
Motion To Dismiss
|
| Description |
Motion To Dismiss
|
| On Behalf Of |
Allstate Fire and Casualty Insurance Company
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|
| Docket Date |
2019-08-13
|
| Type |
Misc. Events
|
| Subtype |
Affidavit
|
| Description |
Affidavit ~ OF NON-PAYMENT OF APPEAL INVOICE
|
| On Behalf Of |
Clerk - Broward
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|
| Docket Date |
2019-08-08
|
| Type |
Brief
|
| Subtype |
Jurisdictional Brief
|
| Description |
Jurisdictional Brief ~ AMENDED
|
| On Behalf Of |
John D. Marshall
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|
| Docket Date |
2019-08-08
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Allstate Fire and Casualty Insurance Company
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|
| Docket Date |
2019-08-07
|
| Type |
Brief
|
| Subtype |
Jurisdictional Brief
|
| Description |
Jurisdictional Brief
|
| On Behalf Of |
John D. Marshall
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|
| Docket Date |
2019-07-23
|
| Type |
Order
|
| Subtype |
Order to File Response re Jurisdiction
|
| Description |
AA - File Statement for Basis of Jurisdiction ~ ORDERED that within ten (10) days from the date of this order appellant shall file in this court a brief statement explaining the basis for this court's subject matter jurisdiction over the order appealed in this case, citing supporting legal authorities. Appellant shall specifically address (1) how the appeal is timely filed as to the December 18, 2018 "order on motions to dismiss/various issues;" and (2) how the July 9, 2019 "order on case management" is an appealable order, as the parties were already dismissed pursuant to the December 18, 2018 order. Fla. R. App. P. 9.110(k) ("If a partial final judgment totally disposes of an entire case as to any party, it must be appealed within 30 days of rendition."); Fla. R. App. P. 9.110(b) (“Jurisdiction of the court under this rule shall be invoked by filing a notice, accompanied by any filing fees prescribed by law, with the clerk of the lower tribunal within 30 days of rendition of the order to be reviewed[.]”); Franchi v. Florida Dep’t of Commerce, 375 So. 2d 1154, 1155 (Fla. 4th DCA 1979) (“Failing to file any notice within the 30 day period constitutes an irremediable jurisdictional defect”); furtherAppellee may file a response within ten (10) days of service of that statement.
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|
| Docket Date |
2019-07-18
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
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|
| Docket Date |
2019-07-18
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
ORD-Pay Filing Fee - pro se 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, 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 the entry 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.If appellant has already been found indigent for purposes of proceedings in the lower tribunal, in this case, appellant shall file a copy of that order in this court. If appellant does not have an order or a determination of indigent status and believes that he or she is insolvent, appellant shall complete the enclosed application and mail to the Clerk of the Circuit Court within fifteen (15) days from the date of this order. A Notice of Compliance that you have applied for indigent status, must also be filed with this court. The Clerk of the Circuit Court shall forward the Clerk's Determination to this court within ten (10) days of receipt. Failure of appellant to comply with this order will result in the dismissal of this appeal.**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.
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|
| Docket Date |
2019-07-18
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
John D. Marshall
|
|
| Docket Date |
2019-07-18
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
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