| Docket Date |
2022-08-26
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2022-08-08
|
| Type |
Order
|
| Subtype |
Order on Motion for Rehearing
|
| Description |
ORD-Denying Rehearing ~ ORDERED that appellant's July 22, 2022 motion for written opinion is denied.
|
|
| Docket Date |
2022-08-08
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2022-08-02
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response
|
| On Behalf Of |
Joseph J. Mather
|
|
| Docket Date |
2022-07-22
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion for Rehearing
|
| Description |
Motion For Rehearing ~ MOTION FOR WRITTEN OPINION
|
| On Behalf Of |
Aneita Clarke
|
|
| Docket Date |
2022-07-07
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed - Per Curiam Affirmed
|
|
| Docket Date |
2022-06-01
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant's Reply Brief
|
| On Behalf Of |
Aneita Clarke
|
|
| Docket Date |
2022-06-01
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Reply Brief
|
| Description |
Order Granting EOT for Appellant's Reply Brief ~ ORDERED that appellant's May 31, 2022 motion for extension of time is granted, and appellant shall serve the reply brief on or before June 1, 2022. In addition, if the reply brief is served after the time provided for in this order, it may be stricken.
|
|
| Docket Date |
2022-05-31
|
| 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 |
Aneita Clarke
|
|
| Docket Date |
2022-05-06
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 15 DAYS TO 5/29/22.
|
|
| Docket Date |
2022-05-06
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Reply Brief
|
| Description |
Notice of Agreed Extension - Reply Brief
|
| On Behalf Of |
Aneita Clarke
|
|
| Docket Date |
2022-05-05
|
| Type |
Order
|
| Subtype |
Order Dispensing with Oral Argument
|
| Description |
ORD-Dispensing Oral Argument ~ After reviewing the briefs, the court, pursuant to Florida Rule of Appellate Procedure 9.320, has dispensed with oral argument. The case will be submitted to a conference by a panel of the court.
|
|
| Docket Date |
2022-04-14
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief
|
| On Behalf Of |
Joseph J. Mather
|
|
| Docket Date |
2022-03-29
|
| Type |
Order
|
| Subtype |
Order on Motion For Review
|
| Description |
Order Denying Motion For Review ~ Upon consideration of appellee’s March 11, 2022 response, it is ORDERED that appellant’s March 3, 2022 motion to review is denied. The threat of dispossession of the property does not constitute irreparable harm. See Sundie v. Haren, 253 So. 2d 857, 859 (Fla. 1971); Reserve at Wedgefield Homeowners’ v. Dixon, 948 So. 2d 65, 67–68 (Fla. 5th DCA 2007) (holding that the threat of foreclosure proceedings and potential loss of property does not constitute irreparable harm). If successful on appeal, an appellant whose property is judicially sold in a foreclosure action has adequate remedies at law in the event of reversal. See Baum v. Heiman, 528 So. 2d 63, 63 (Fla. 3d DCA 1988) (“The general rule is that one who surrenders property under an erroneous judgment is entitled to be restored to all that he has lost in the event of a reversal of the judgment.”); B.G.H. Ins. Syndicate, Inc. v. Presidential Fire & Cas. Co., 549 So. 2d 197, 198 (Fla. 3d DCA 1989) (holding that irreparable harm is not established if the harm can be adequately compensated by a monetary award).
|
|
| Docket Date |
2022-03-14
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
| Description |
Notice of Agreed Extension - Answer Brief
|
| On Behalf Of |
Joseph J. Mather
|
|
| Docket Date |
2022-03-14
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 30 DAYS TO 4/20/22.
|
|
| Docket Date |
2022-03-11
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
Stricken - Non-Compliance With R. 9.045 ~ ORDERED that appellee's March 9, 2022 response 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 |
2022-03-11
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response
|
| On Behalf Of |
Joseph J. Mather
|
|
| Docket Date |
2022-03-09
|
| Type |
Record
|
| Subtype |
Appendix to Response
|
| Description |
Appendix to Response
|
| On Behalf Of |
Joseph J. Mather
|
|
| Docket Date |
2022-03-09
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ **STRICKEN**
|
| On Behalf Of |
Joseph J. Mather
|
|
| Docket Date |
2022-03-03
|
| Type |
Order
|
| Subtype |
Order on Request for Emergency Treatment
|
| Description |
Denying Request for Emergency Treatment ~ ORDERED that the appellant’s March 3, 2022 request for emergency treatment is denied. "[A]n 'emergency' is a matter of extreme urgency that requires immediate action by this Court in order to avoid imminent, irreparable, and material harm." Admin. Order No. 2014-1. Dispossession of property and the threat of foreclosure do not constitute irreparable harm. See generally Baker v. Frick, 154 So. 846, 846 (Fla. 1934); Reserve at Wedgefield Homeowners’ v. Dixon, 948 So. 2d 65, 67–68 (Fla. 5th DCA 2007) (holding that the threat of foreclosure proceedings and potential loss of property does not constitute irreparable harm); see also B.G.H. Ins. Syndicate, Inc. v. Presidential Fire & Cas. Co., 549 So. 2d 197, 198 (Fla. 3d DCA 1989) (holding that irreparable harm is not established if the harm can be adequately compensated by a monetary award); Baum v. Heiman, 528 So. 2d 63, 63 (Fla. 3d DCA 1988) ("The general rule is that one who surrenders property under an erroneous judgment is entitled to be restored to all that he has lost in the event of a reversal of the judgment."). The court will handle the filing in the normal course of business. No motion for rehearing as to this order will be entertained.
|
|
| Docket Date |
2022-03-03
|
| Type |
Motions Other
|
| Subtype |
Request for Emergency Treatment
|
| Description |
Request for Emergency Treatment
|
| On Behalf Of |
Aneita Clarke
|
|
| Docket Date |
2022-03-03
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix
|
| On Behalf Of |
Aneita Clarke
|
|
| Docket Date |
2022-02-22
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion/Request for Oral Argument
|
| Description |
Request for Oral Argument
|
| On Behalf Of |
Aneita Clarke
|
|
| Docket Date |
2022-02-18
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
Aneita Clarke
|
|
| Docket Date |
2022-02-11
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 7 DAYS TO 2/18/22.
|
|
| Docket Date |
2022-02-11
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
| Description |
Notice of Agreed Extension - Initial Brief
|
| On Behalf Of |
Aneita Clarke
|
|
| Docket Date |
2022-02-02
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
| Description |
Notice of Agreed Extension - Initial Brief
|
| On Behalf Of |
Aneita Clarke
|
|
| Docket Date |
2022-02-02
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 7 DAYS TO 2/11/22.
|
|
| Docket Date |
2022-01-31
|
| Type |
Order
|
| Subtype |
Order on Motion to Stay
|
| Description |
Order Denying Stay ~ ORDERED that appellee’s January 20, 2022 motion to deem response to appellant’s emergency motion to stay pending appeal timely filed is granted. Further, upon consideration of appellee's January 20, 2022 response, it is ORDERED that appellant's December 29, 2021 emergency motion to stay is denied without prejudice to filing a proper motion for review pursuant to Florida Rule of Appellate Procedure 9.310(f).
|
|
| Docket Date |
2022-01-24
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 7 DAYS TO 2/4/22.
|
|
| Docket Date |
2022-01-24
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
| Description |
Notice of Agreed Extension - Initial Brief
|
| On Behalf Of |
Aneita Clarke
|
|
| Docket Date |
2022-01-20
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response
|
| On Behalf Of |
Joseph J. Mather
|
|
| Docket Date |
2022-01-20
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
Miscellaneous Motion ~ TO DEEM APPELLEE'S RESPONSE TO APPELLANT'S EMERGENCY MOTION TO STAY PENDING APPEAL TIMELY FILED
|
| On Behalf Of |
Joseph J. Mather
|
|
| Docket Date |
2022-01-20
|
| Type |
Record
|
| Subtype |
Appendix to Response
|
| Description |
Appendix to Response
|
| On Behalf Of |
Joseph J. Mather
|
|
| Docket Date |
2022-01-12
|
| Type |
Record
|
| Subtype |
Supplemental Record
|
| Description |
Supplemental Records ~ AMENDED (284 PAGES)
|
| On Behalf Of |
Aneita Clarke
|
|
| Docket Date |
2022-01-12
|
| Type |
Order
|
| Subtype |
Order on Motion to Supplement Record & EOT/Toll Briefing
|
| Description |
Order Granting Motion to Supplement the Record ~ ORDERED that appellant's January 11, 2022 motion to supplement the record is granted, and the amended proposed supplemental record is deemed filed.
|
|
| Docket Date |
2022-01-11
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion to Supplement Record
|
| Description |
Motion To File Supplemental Record
|
| On Behalf Of |
Aneita Clarke
|
|
| Docket Date |
2022-01-11
|
| Type |
Record
|
| Subtype |
Supplemental Record
|
| Description |
Supplemental Records ~ **SEE AMENDED RECORD FILED** **PROPOSED** (281 PAGES)
|
| On Behalf Of |
Aneita Clarke
|
|
| Docket Date |
2021-12-30
|
| Type |
Order
|
| Subtype |
Order on Request for Emergency Treatment
|
| Description |
Denying Request for Emergency Treatment ~ ORDERED that the appellant’s December 29, 2021 request for emergency treatment is denied. The court will handle the filing in the normal course of business. No motion for rehearing as to this order will be entertained.
|
|
| Docket Date |
2021-12-29
|
| Type |
Motions Other
|
| Subtype |
Motion To Stay
|
| Description |
Motion To Stay ~ EMERGENCY
|
| On Behalf Of |
Aneita Clarke
|
|
| Docket Date |
2021-11-18
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
Stricken - Non-Compliance With R. 9.045 ~ ORDERED that appellee's November 17, 2021 notice 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 |
2021-11-18
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance ~ AMENDED.
|
| On Behalf Of |
Joseph J. Mather
|
|
| Docket Date |
2021-11-17
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid Through Portal
|
| On Behalf Of |
Aneita Clarke
|
|
| Docket Date |
2021-11-17
|
| 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, 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 |
2021-11-17
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance ~ **STRICKEN**
|
| On Behalf Of |
Joseph J. Mather
|
|
| Docket Date |
2021-11-17
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2021-11-16
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
Aneita Clarke
|
|
| Docket Date |
2021-11-16
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
