|
LELLY C. ALFONSO, Appellant(s) v. RICHARD LANG, Appellee(s)
|
4D2023-1744
|
2023-07-19
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
CACE-20-19720
|
Parties
| Name |
Lelly C. Alfonso
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
James Bishop
|
|
| Name |
RICHARD LANG, INC
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Kristie Hatcher-Bolin, Carlos Jose Reyes, Jr.
|
|
| Name |
Hon. Daniel A. Casey
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Broward
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2023-09-20
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
|
| On Behalf Of |
Richard Lang
|
|
| Docket Date |
2023-09-12
|
| Type |
Record
|
| Subtype |
Appendix to Answer Brief
|
| Description |
Appendix to Answer Brief
|
| On Behalf Of |
Richard Lang
|
|
| Docket Date |
2023-09-13
|
| Type |
Record
|
| Subtype |
Appendix to Answer Brief
|
| Description |
Corrected Appendix to Answer Brief
|
| On Behalf Of |
Richard Lang
|
|
| Docket Date |
2024-04-03
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2024-04-03
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
| View |
View File
|
|
| Docket Date |
2024-03-13
|
| Type |
Order
|
| Subtype |
Order on Motion For Attorney's Fees
|
| Description |
Order on Motion For Attorney's Fees
|
| View |
View File
|
|
| Docket Date |
2024-03-13
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed in Part - Dismissed in Part
|
| View |
View File
|
|
| Docket Date |
2023-11-22
|
| Type |
Order
|
| Subtype |
Order Discharging Show Cause Order
|
| Description |
Order Discharging Show Cause Order
|
| View |
View File
|
|
| Docket Date |
2023-11-21
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response to Order to Show Cause
|
| On Behalf Of |
Lelly C. Alfonso
|
|
| Docket Date |
2023-11-14
|
| Type |
Order
|
| Subtype |
Show Cause for Brief or Record on Appeal
|
| Description |
Show Cause for Brief or Record on Appeal
|
| View |
View File
|
|
| Docket Date |
2023-11-14
|
| Type |
Record
|
| Subtype |
Appendix to Reply Brief
|
| Description |
Appendix to Amended Reply Brief
|
| On Behalf Of |
Lelly C. Alfonso
|
|
| Docket Date |
2023-11-14
|
| Type |
Brief
|
| Subtype |
Amended Reply Brief
|
| Description |
Amended Reply Brief
|
| On Behalf Of |
Lelly C. Alfonso
|
| View |
View File
|
|
| Docket Date |
2023-11-01
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
Order Striking Reply Brief
|
| View |
View File
|
|
| Docket Date |
2023-10-31
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Reply Brief
|
| On Behalf Of |
Lelly C. Alfonso
|
| View |
View File
|
|
| Docket Date |
2023-10-13
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
EXTENDED for 15 DAYS
|
|
| Docket Date |
2023-10-13
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Reply Brief
|
| Description |
Notice of Agreed Extension of Time - Reply Brief
|
| On Behalf Of |
Lelly C. Alfonso
|
|
| Docket Date |
2023-09-21
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
|
| On Behalf Of |
Lelly C. Alfonso
|
|
| Docket Date |
2023-08-17
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Richard Lang
|
|
| Docket Date |
2023-08-14
|
| Type |
Brief
|
| Subtype |
Amended Initial Brief
|
| Description |
Amended Appellant's Initial Brief
|
| On Behalf Of |
Lelly C. Alfonso
|
|
| Docket Date |
2023-08-03
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits ~ **Stricken**
|
| On Behalf Of |
Lelly C. Alfonso
|
|
| Docket Date |
2023-08-03
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Brief
|
| On Behalf Of |
Lelly C. Alfonso
|
|
| Docket Date |
2023-07-20
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2023-07-19
|
| Type |
Misc. Events
|
| Subtype |
Determination of Indigency/LT Order Insolvency
|
| Description |
Determination of Indigent Status
|
|
| Docket Date |
2023-07-19
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
Lelly C. Alfonso
|
|
| Docket Date |
2023-09-12
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Answer Brief
|
| On Behalf Of |
Richard Lang
|
| View |
View File
|
|
| Docket Date |
2023-08-04
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
ORD-Stricken ~ ORDERED that appellant’s August 3, 2023 initial brief is stricken as not in compliance with Florida Rule of Appellate Procedure 9.210 in that it does not have the argument(s) written out in the Table of Contents. An amended initial 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.
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|
|
|
LELLY C. ALFONSO VS RICHARD LANG
|
4D2023-1622
|
2023-06-30
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
CACE20-19720
|
Parties
| Name |
Lelly C. Alfonso
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
James Bishop
|
|
| Name |
RICHARD LANG, INC
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Carlos J. Reyes, Kristie Hatcher-Bolin
|
|
| Name |
Clerk - Broward
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2023-08-28
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Judge
|
|
| Docket Date |
2023-08-23
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ 214 PAGES
|
| On Behalf Of |
Clerk - Broward
|
|
| Docket Date |
2023-08-22
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
ORD-Stricken as Unauthorized ~ ORDERED sua sponte that appellant's August 21, 2023 reply is stricken as unauthorized.
|
|
| Docket Date |
2023-08-21
|
| Type |
Response
|
| Subtype |
Reply to Response
|
| Description |
Reply to Response ~ **STRICKEN**
|
| On Behalf Of |
Lelly C. Alfonso
|
|
| Docket Date |
2023-08-21
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix
|
| On Behalf Of |
Lelly C. Alfonso
|
|
| Docket Date |
2023-08-09
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ TO APPELLANT'S JURISDICTIONAL STATEMENT
|
| On Behalf Of |
Richard Lang
|
|
| Docket Date |
2023-07-31
|
| Type |
Brief
|
| Subtype |
Jurisdictional Brief
|
| Description |
Jurisdictional Brief
|
| On Behalf Of |
Lelly C. Alfonso
|
|
| Docket Date |
2023-07-20
|
| 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 how the June 6, 2023 "Order Denying Motion to Dismiss" is a final or nonfinal appealable order, as it merely denies the motion without prejudice and does not enter judgment for or against a party. See Insignia Homes, Inc. v. Hinden, 675 So. 2d 673, 674 (Fla. 4th DCA 1996) (“An order denying a motion to dismiss is a nonappealable, nonfinal order.”). Further, address how the appeal from the September 6, 2022 "Final Judgment of Foreclosure" is proper in light of this court's dismissal of an appeal from that order as untimely filed in Case No. 4D22-2793. Further,Appellee may file a response within ten (10) days of service of that statement.
|
|
| Docket Date |
2023-07-19
|
| Type |
Misc. Events
|
| Subtype |
Order Appealed
|
| Description |
Order Appealed ~ CORRECTED NOTICE OF FILING LOWER TRIBUNAL ORDER
|
| On Behalf Of |
Lelly C. Alfonso
|
|
| Docket Date |
2023-07-13
|
| Type |
Misc. Events
|
| Subtype |
Determination of Indigency/LT Order Insolvency
|
| Description |
Determination of Indigent Status
|
| On Behalf Of |
Lelly C. Alfonso
|
|
| Docket Date |
2023-07-05
|
| Type |
Order
|
| Subtype |
Amended/Additional Filing(s) Needed
|
| Description |
Appellant to File Order Appealed-Civil ~ ORDERED that appellant is directed to file, within fifteen (15) days from the date of this order, a conformed copy of the order being appealed. See Fla. R. App. P. 9.110(d). This copy must contain a legible stamp from the clerk of the lower tribunal, showing the date and time the order being appealed was filed in that office.
|
|
| Docket Date |
2023-07-03
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2023-06-30
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
Lelly C. Alfonso
|
|
| Docket Date |
2023-06-30
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
WV:Waived
|
|
| Docket Date |
2023-08-28
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
ORD-Sua Sponte Dismissal ~ ORDERED that, upon consideration of appellant’s July 31, 2023 jurisdictional brief and appellee’s August 9, 2023 response, this appeal is dismissed for lack of jurisdiction as to the June 6, 2023 "Order Denying Motion to Dismiss.” See Insignia Homes, Inc. v. Hinden, 675 So. 2d 673, 674 (Fla. 4th DCA 1996) (“An order denying a motion to dismiss is a nonappealable, nonfinal order.”); see also Couto v. People's Tr. Ins. Co., 320 So. 3d 224, 225 n.1 (Fla. 3d DCA 2021) (explaining that an order denying a motion to dismiss is a non-appealable, non-final order because it "is not enumerated in Florida Rule of Appellate Procedure 9.130"). Further, ORDERED that this appeal is dismissed as untimely filed from the September 6, 2022 "Final Judgment of Foreclosure.” See St. Moritz Hotel v. Daughtry, 249 So. 2d 27, 28 (Fla. 1971) (“An amendment or modification of an order or judgment in an immaterial way does not toll the time within which review must be sought. But where the modification or amendment materially changes the original order or judgment, the limitation period is said to run from the time of such modification or amendment.”); Daytona Migi Corp. v. Daytona Auto. Fiberglass Inc., 417 So. 2d 272, 274 (Fla. 5th DCA 1982) (“The test is whether the court in the second order has disturbed or revised legal rights and obligations which had been settled with finality in the original order.”); see also B.G. Leasing, Inc. v. Heider, 372 So. 2d 184, 185 (Fla. 3d DCA 1979) (dismissing as untimely an appeal taken more than thirty days from an original final judgment, but within thirty days of an amended final judgment, where the amended final judgment did not change the status of the parties).MAY, DAMOORGIAN and LEVINE, JJ., concur.
|
|
| Docket Date |
2023-07-03
|
| 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.
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LELLY C. ALFONSO VS RICHARD LANG
|
4D2022-3147
|
2022-11-22
|
Closed
|
|
| Classification |
Original Proceedings - Circuit Civil - Prohibition
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
CACE20-19720
|
Parties
| Name |
Lelly C. Alfonso
|
| Role |
Petitioner
|
| Status |
Active
|
| Representations |
James Bishop
|
|
| Name |
RICHARD LANG, INC
|
| Role |
Respondent
|
| Status |
Active
|
| Representations |
Carlos J. Reyes
|
|
| Name |
Hon. Barbara Anne McCarthy
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Broward
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2023-01-30
|
| Type |
Disposition by Order
|
| Subtype |
Denied
|
| Description |
Order Denying Petition for Writ - Prohib. ~ ORDERED that the January 24, 2023 amended petition for writ of prohibition is denied.CIKLIN, GERBER and FORST, JJ., concur.
|
|
| Docket Date |
2023-01-30
|
| Type |
Disposition
|
| Subtype |
Denied
|
| Description |
Denied - Order by Judge
|
|
| Docket Date |
2023-01-24
|
| Type |
Petition
|
| Subtype |
Petition Prohibition
|
| Description |
Petition Prohibition ~ AMENDED
|
| On Behalf Of |
Lelly C. Alfonso
|
|
| Docket Date |
2023-01-24
|
| Type |
Record
|
| Subtype |
Appendix to Petition
|
| Description |
Appendix to Petition ~ AMENDED
|
| On Behalf Of |
Lelly C. Alfonso
|
|
| Docket Date |
2023-01-18
|
| Type |
Order
|
| Subtype |
Order on Miscellaneous Motion
|
| Description |
Grant Miscellaneous Motion ~ ORDERED that petitioner’s December 29, 2022 motion to amend and supplement the petition for writ of prohibition is granted. Within fifteen (15) days from the date of this order, petitioner shall file both the amended petition and an amended appendix.
|
|
| Docket Date |
2022-12-29
|
| Type |
Notice
|
| Subtype |
Notice of Filing
|
| Description |
Notice of Filing ~ SUPPLEMENTAL MATERIALS
|
| On Behalf Of |
Lelly C. Alfonso
|
|
| Docket Date |
2022-12-29
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
Miscellaneous Motion ~ MOTION TO AMEND AND SUPPLEMENT WRIT OF PROHIBITION
|
| On Behalf Of |
Lelly C. Alfonso
|
|
| Docket Date |
2022-12-29
|
| Type |
Misc. Events
|
| Subtype |
Miscellaneous Docket Entry
|
| Description |
Supplement ~ PROPOSED SUPPLEMENT TO WRIT OF PROHIBITION
|
| On Behalf Of |
Lelly C. Alfonso
|
|
| Docket Date |
2022-12-19
|
| Type |
Record
|
| Subtype |
Appendix to Petition
|
| Description |
Appendix to Petition
|
| On Behalf Of |
Lelly C. Alfonso
|
|
| Docket Date |
2022-12-19
|
| Type |
Petition
|
| Subtype |
Petition Prohibition
|
| Description |
Petition Prohibition
|
| On Behalf Of |
Lelly C. Alfonso
|
|
| Docket Date |
2022-12-02
|
| Type |
Misc. Events
|
| Subtype |
Determination of Indigency/LT Order Insolvency
|
| Description |
Certificate of Indigency ~ CLERK’S CERTIFICATE OF INDIGENCYThe Clerk of the District Court of Appeal, Fourth District, has received an Affidavit of Indigency, and issues this Certificate of Indigency in accordance with section 57.081(1), Florida Statutes (2021). This case shall proceed without the requirement of prepayment of fees and costs, subject to the provisions of section 57.081(3), Florida Statutes (2021).
|
|
| Docket Date |
2022-12-01
|
| Type |
Misc. Events
|
| Subtype |
Affidavit
|
| Description |
Affidavit ~ OF INDIGENT STATUS
|
| On Behalf Of |
Lelly C. Alfonso
|
|
| Docket Date |
2022-11-29
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
ORD-Pay Filing Fee-Original Proceeding ~ The $300.00 filing fee or affidavit of indigency in conformance with sections 57.081 and 57.085, Florida Statutes (2021), did not accompany the petition as required in Florida Rule of Appellate Procedure 9.100(b). The filing fee is due and payable at the time of filing REGARDLESS OF WHETHER THE PETITION IS SUBSEQUENTLY VOLUNTARILY DISMISSED OR ADVERSELY DISMISSED.ORDERED sua sponte that the $300.00 filing fee or affidavit of indigency in conformance with section 57.081 and 57.085, Florida Statutes (2021), must be filed 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. The attorney filing the petition has a duty to tender the filing fee to the appellate court when the petition 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: 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 this filing fee is paid or until an affidavit of indigency is filed and indigency status is granted.
|
|
| Docket Date |
2022-11-29
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Prohibition / Acknowledgment letter
|
|
| Docket Date |
2022-11-22
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
WV:Waived
|
|
| Docket Date |
2022-11-22
|
| Type |
Petition
|
| Subtype |
Petition Prohibition
|
| Description |
Petition Prohibition
|
| On Behalf Of |
Lelly C. Alfonso
|
|
| Docket Date |
2022-11-22
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
|
|
|
LELLY C. ALFONSO VS RICHARD LANG
|
4D2022-2793
|
2022-10-14
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Foreclosure
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
CACE20-019720
|
Parties
| Name |
Lelly C. Alfonso
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
James Bishop
|
|
| Name |
FORECLOSURE, INC.
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
RICHARD LANG, INC
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Kristie Hatcher-Bolin, Kelly J.H. Garcia, Carlos J. Reyes
|
|
| Name |
Hon. Barbara Anne McCarthy
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Broward
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2022-10-19
|
| 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 whether the time for filing the notice of appeal ran from the date of rendition of the September 6, 2022 final judgment; and if so, how the notice of appeal was timely filed as to that order. See Maxfly Aviation Inc. v. Cap. Airlines Ltd., 843 So. 2d 973 (Fla. 4th DCA 2003); Daytona Migi Corp. v. Daytona Auto. Fiberglass Inc., 417 So. 2d 272, 274 (Fla. 5th DCA 1982) ("However, the amendment or modification of an order in an immaterial way does not delay the time for seeking review."). Further,Appellee may file a response within ten (10) days of service of that statement.
|
|
| Docket Date |
2022-10-17
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid Through Portal
|
| On Behalf Of |
Lelly C. Alfonso
|
|
| Docket Date |
2022-10-14
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
Lelly C. Alfonso
|
|
| Docket Date |
2022-10-14
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2022-10-14
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2023-08-11
|
| Type |
Order
|
| Subtype |
Order on Motion to Withdraw Filing
|
| Description |
ORD-To Withdraw Pleadings ~ ORDERED that appellee's August 10, 2023 motion to withdraw the response is granted, and the August 9, 2023 response to appellant’s jurisdictional statement is considered withdrawn.
|
|
| Docket Date |
2023-08-10
|
| Type |
Motions Other
|
| Subtype |
Motion to Withdraw Filing
|
| Description |
Motion To Withdraw Pleadings
|
| On Behalf Of |
Richard Lang
|
|
| Docket Date |
2023-08-09
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ ***WITHDRAWN***TO JURISDICTIONAL BRIEF
|
| On Behalf Of |
Richard Lang
|
|
| Docket Date |
2022-12-20
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Judge
|
|
| Docket Date |
2022-12-20
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
ORD-Sua Sponte Dismissed as Untimely ~ ORDERED that, upon consideration of appellant’s October 25, 2022 jurisdictional brief and appellee's November 4, 2022 response, the above-styled appeal is dismissed as untimely filed from the September 6, 2022 final judgment. See St. Moritz Hotel v. Daughtry, 249 So. 2d 27 (Fla. 1971); B. G. Leasing, Inc. v. Heider, 372 So. 2d 184 (Fla. 3d DCA 1979); Daytona Migi Corp. v. Daytona Auto. Fiberglass Inc., 417 So. 2d 272, 274 (Fla. 5th DCA 1982).GROSS, LEVINE and CONNER, JJ, concur.
|
|
| Docket Date |
2022-11-29
|
| Type |
Misc. Events
|
| Subtype |
Determination of Indigency/LT Order Insolvency
|
| Description |
Determination of Indigent Status
|
| On Behalf Of |
Clerk - Broward
|
|
| Docket Date |
2022-11-29
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ 1008 PAGES
|
| On Behalf Of |
Clerk - Broward
|
|
| Docket Date |
2022-11-04
|
| Type |
Record
|
| Subtype |
Appendix to Response
|
| Description |
Appendix to Response
|
| On Behalf Of |
Richard Lang
|
|
| Docket Date |
2022-11-04
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ TO JURISDICTIONAL BRIEF
|
| On Behalf Of |
Richard Lang
|
|
| Docket Date |
2022-10-25
|
| Type |
Brief
|
| Subtype |
Jurisdictional Brief
|
| Description |
Jurisdictional Brief
|
| On Behalf Of |
Lelly C. Alfonso
|
|
| Docket Date |
2022-10-14
|
| 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 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.
|
|
|
|
LELLY C. ALFONSO VS RICHARD LANG
|
4D2022-1189
|
2022-04-29
|
Closed
|
|
| Classification |
Original Proceedings - Circuit Civil - Mandamus
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
CACE20019720
|
Parties
| Name |
Lelly C. Alfonso
|
| Role |
Petitioner
|
| Status |
Active
|
| Representations |
James Bishop
|
|
| Name |
RICHARD LANG, INC
|
| Role |
Respondent
|
| Status |
Active
|
| Representations |
Carlos J. Reyes
|
|
| Name |
Hon. Barbara Anne McCarthy
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Broward
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2022-05-12
|
| Type |
Disposition
|
| Subtype |
Denied
|
| Description |
Denied - Order by Judge
|
|
| Docket Date |
2022-05-12
|
| Type |
Disposition by Order
|
| Subtype |
Denied
|
| Description |
Order Denying Petition for Writ - Mandamus ~ ORDERED that petitioner’s May 9, 2022 motion to stay is denied. Further,ORDERED that the April 29, 2022 petition for writ of mandamus is denied.CONNER, C.J., MAY and FORST, JJ., concur.
|
|
| Docket Date |
2022-05-09
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
Stricken - Non-Compliance With R. 9.045 ~ ORDERED that petitioner's May 6, 2022 motion to stay 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 |
2022-05-09
|
| Type |
Motions Other
|
| Subtype |
Motion To Stay
|
| Description |
Motion To Stay
|
| On Behalf Of |
Lelly C. Alfonso
|
|
| Docket Date |
2022-05-06
|
| Type |
Motions Other
|
| Subtype |
Motion To Stay
|
| Description |
Motion To Stay ~ ***STRICKEN 5/9/22***
|
| On Behalf Of |
Lelly C. Alfonso
|
|
| Docket Date |
2022-05-02
|
| Type |
Petition
|
| Subtype |
Petition Mandamus
|
| Description |
Petition Mandamus / Acknowledgment letter
|
|
| Docket Date |
2022-04-29
|
| Type |
Petition
|
| Subtype |
Petition Mandamus
|
| Description |
Petition Mandamus ~ *FILING FEE PAID ELECTRONICALLY
|
| On Behalf Of |
Lelly C. Alfonso
|
|
| Docket Date |
2022-04-29
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid Through Portal
|
|
| Docket Date |
2022-04-29
|
| Type |
Record
|
| Subtype |
Appendix to Petition
|
| Description |
Appendix to Petition ~ *FILING FEE PAID ELECTRONICALLY
|
| On Behalf Of |
Lelly C. Alfonso
|
|
|
