| Docket Date |
2021-12-30
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2021-12-30
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2021-12-30
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice
|
| On Behalf Of |
Alan B. Garfinkel
|
|
| Docket Date |
2021-12-30
|
| Type |
Order
|
| Subtype |
Order Vacating/Withdrawing Order
|
| Description |
ORD-Amended Order ~ ORDERED that this court's December 8, 2021 order is amended as follows: ORDERED that appellants’ July 26, 2021 motion for attorney's fees is granted. On remand, the trial court shall set the amount of the attorney's fees to be awarded for this appellate case. If a motion for rehearing is filed in this court, then services rendered in connection with the filing of the motion, including, but not limited to, preparation of a responsive pleading, shall be taken into account in computing the amount of the fee. Further,ORDERED that appellees’ December 23, 2020 motion for appellate attorneys’ fees andcosts is denied as moot.
|
|
| Docket Date |
2021-12-08
|
| Type |
Disposition by Opinion
|
| Subtype |
Reversed
|
| Description |
Reversed - Per Curiam Opinion
|
|
| Docket Date |
2021-12-08
|
| Type |
Order
|
| Subtype |
Order on Motion/Request for Oral Argument
|
| Description |
Order Denying Oral Argument ~ ORDERED that appellants’ August 9, 2021 request for oral argument is denied.
|
|
| Docket Date |
2021-08-31
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice ~ NOTICE OF NON-OPPOSITION TO APPELLEE'SVERIFIED MOTION FOR ATTORNEY'S FEES AND COSTS
|
| On Behalf Of |
Alan B. Garfinkel
|
|
| Docket Date |
2021-08-09
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion/Request for Oral Argument
|
| Description |
Request for Oral Argument
|
| On Behalf Of |
Leigh C. Katzman
|
|
| Docket Date |
2021-07-27
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees ~ **NOTICE OF NON-OPPOSITION TO APPELLEE'SVERIFIED MOTION FOR ATTORNEY'S FEES AND COSTS FILED 8/31/21**
|
| On Behalf Of |
Alan B. Garfinkel
|
|
| Docket Date |
2021-07-26
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
|
| On Behalf Of |
Leigh C. Katzman
|
|
| Docket Date |
2021-07-26
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant's Reply Brief
|
| On Behalf Of |
Leigh C. Katzman
|
|
| Docket Date |
2021-07-12
|
| 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 appellants’ July 9, 2021 motion for extension of time is granted, and appellants shall serve the reply brief within fifteen (15) days from the date of this order. In addition, if the reply brief is served after the time provided for in this order, it may be stricken.
|
|
| Docket Date |
2021-07-09
|
| 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 |
Leigh C. Katzman
|
|
| Docket Date |
2021-06-10
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
Order Striking Appendix - Non-Compliance With R. 9.220 ~ ORDERED that appellee's amended 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, was not fully text searchable, 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.
|
|
| Docket Date |
2021-06-10
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Brief ~ 2ND AMENDED.
|
| On Behalf Of |
Alan B. Garfinkel
|
|
| Docket Date |
2021-06-09
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
Stricken - No or Noncompliant Cert. of Service ~ ORDERED that appellee's June 8, 2021 initial brief is stricken as not in compliance with Florida Rule of Appellate Procedure 9.420(d) in that there is no certificate of service or 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 |
2021-06-09
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief
|
| On Behalf Of |
Alan B. Garfinkel
|
|
| Docket Date |
2021-06-09
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Brief ~ **STRICKEN** AMENDED
|
| On Behalf Of |
Alan B. Garfinkel
|
|
| Docket Date |
2021-06-08
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief ~ **STRICKEN**
|
| On Behalf Of |
Alan B. Garfinkel
|
|
| Docket Date |
2021-06-08
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Brief ~ **STRICKEN**
|
| On Behalf Of |
Alan B. Garfinkel
|
|
| Docket Date |
2021-06-02
|
| 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 June 1, 2021 motion for extension of time is granted, and appellee shall serve the answer brief on or before June 8, 2021. 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 |
2021-06-01
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Answer Brief
|
| Description |
Mot. for Extension of time to file Answer Brief
|
| On Behalf Of |
Alan B. Garfinkel
|
|
| Docket Date |
2021-05-19
|
| 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 18, 2021 motion for extension of time is granted, and appellee shall serve the answer brief on or before June 1, 2021. 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 |
2021-05-18
|
| 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 |
Alan B. Garfinkel
|
|
| Docket Date |
2021-05-07
|
| Type |
Record
|
| Subtype |
Record on Appeal Confidential
|
| Description |
Confidential Records ~ **CONFIDENTIAL**
|
| On Behalf Of |
Leigh C. Katzman
|
|
| Docket Date |
2021-05-04
|
| 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 3, 2021 motion for extension of time is granted, and appellee shall serve the answer brief on or before May 18, 2021. 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 |
2021-05-03
|
| 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 |
Alan B. Garfinkel
|
|
| Docket Date |
2021-04-28
|
| Type |
Order
|
| Subtype |
Order on Miscellaneous Motion
|
| Description |
Grant Miscellaneous Motion ~ ORDERED that appellants' April 21, 2021 "unopposed motion for leave to file amended confidential appendix under seal" is granted. Appellants shall indicate on the first page of the amended filing that the appendix is being filed under seal and is confidential pursuant to this order.
|
|
| Docket Date |
2021-04-21
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
Miscellaneous Motion ~ FOR LEAVE TO FILE AMENDEDCONFIDENTIAL APPENDIX UNDER SEAL
|
| On Behalf Of |
Leigh C. Katzman
|
|
| Docket Date |
2021-04-14
|
| 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 April 13, 2021 motion for extension of time is granted, and appellee shall serve the answer brief on or before May 4, 202. 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 |
2021-04-13
|
| 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 |
Alan B. Garfinkel
|
|
| Docket Date |
2021-04-09
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Brief ~ **CONFIDENTIAL**
|
| On Behalf Of |
Leigh C. Katzman
|
|
| Docket Date |
2021-04-09
|
| Type |
Order
|
| Subtype |
Order on Miscellaneous Motion
|
| Description |
Grant Miscellaneous Motion ~ ORDERED that appellant's March 16, 2021 "motion for leave to file under seal" is granted. Appellant shall indicate on the first page of the filing that the appendix is being filed under seal and is confidential pursuant to this order.
|
|
| Docket Date |
2021-03-16
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
Miscellaneous Motion ~ FOR LEAVE TO FILE UNDER SEAL
|
| On Behalf Of |
Leigh C. Katzman
|
|
| Docket Date |
2021-03-15
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Brief
|
| On Behalf Of |
Leigh C. Katzman
|
|
| Docket Date |
2021-03-15
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
Leigh C. Katzman
|
|
| Docket Date |
2021-03-08
|
| 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 5, 2021 motion for extension of time is granted, and appellants shall serve the initial brief within seven (7) 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 |
2021-03-05
|
| 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 |
Leigh C. Katzman
|
|
| Docket Date |
2021-02-23
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
Order Granting EOT for Initial Brief ~ ORDERED that appellants’ February 22, 2021 motion for extension of time is granted, and appellants shall serve the initial brief within ten (10) 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 |
2021-02-22
|
| 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 |
Leigh C. Katzman
|
|
| Docket Date |
2021-02-05
|
| Type |
Order
|
| Subtype |
Order on Motion To Dismiss
|
| Description |
ORD-Denying Aplee's Motion to Dismiss ~ ORDERED that, upon consideration of appellant’s December 11, 2020 jurisdictional brief, appellee’s December 23, 2020 motion to dismiss, and appellant’s January 19, 2021 response, this appeal shall proceed. Hoffman v. Hall, 817 So. 2d 1057, 1058 (Fla. 1st DCA 2002); see also Fla. R. App. P. 9.130(a)(3)(C)(iii). Further, ORDERED that appellee’s December 23, 2020 motion to dismiss is denied. This court finds that appellants have standing to bring this appeal as appellants are not strangers to the record, are directly affected by the order on appeal, and have a sufficient interest at stake in the controversy which will be affected by the outcome of the litigation. See Espaillat v. Security First Ins. Co., 2020 WL 4495311, at *1 (Fla. 3d DCA Aug. 5, 2020); City of Coral Springs v. Knight, 2016 WL 2931093, at *1 (Fla. May 18, 2016); Davis v. M & M Aircraft Acquisitions, Inc., 76 So. 3d 1066, 1067 (Fla. 4th DCA 2011). Further, ORDERED that appellant shall serve an initial brief and an accompanying appendix within fifteen (15) days from the date of this order. See Fla. R. App. P. 9.130(e), 9.220.
|
|
| Docket Date |
2021-01-19
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ TO MOTION TO DISMISS AND MOTION FOR ATTORNEY'S FEES
|
| On Behalf Of |
Leigh C. Katzman
|
|
| Docket Date |
2021-01-11
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to File Response
|
| Description |
Grant EOT to file Response ~ ORDERED that appellants’ January 7, 2021 motion for extension is granted, and the time for filing a response to the motion to dismiss and the motion for attorney’s fees is extended eight (8) days from the date of this order.
|
|
| Docket Date |
2021-01-07
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to File Response
|
| Description |
Motion for Extension of Time to File Response
|
| On Behalf Of |
Leigh C. Katzman
|
|
| Docket Date |
2020-12-23
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees ~ (RESPONSE FILED 1/19/21)
|
| On Behalf Of |
Alan B. Garfinkel
|
|
| Docket Date |
2020-12-23
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix ~ TO MOTION TO DISMISS FOR LACK OFSUBJECT MATTER JURISDICTION AND RESPONSE
|
| On Behalf Of |
Alan B. Garfinkel
|
|
| Docket Date |
2020-12-23
|
| Type |
Motions Other
|
| Subtype |
Motion To Dismiss
|
| Description |
Motion To Dismiss ~ AND RESPONSE IN OPPOSITION TO APPELLANTS' STATEMENT REGARDING BASIS FOR JURISDICTION
|
| On Behalf Of |
Alan B. Garfinkel
|
|
| Docket Date |
2020-12-21
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Grant Extension of Time ~ ORDERED that appellee's December 18, 2020 motion for extension is granted, and the time for filing a response to the jurisdictional brief is extended to and including December 23, 2020.
|
|
| Docket Date |
2020-12-18
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to File Response
|
| Description |
Motion for Extension of Time to File Response
|
| On Behalf Of |
Alan B. Garfinkel
|
|
| Docket Date |
2020-12-11
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Leigh C. Katzman
|
|
| Docket Date |
2020-12-11
|
| Type |
Brief
|
| Subtype |
Jurisdictional Brief
|
| Description |
Jurisdictional Brief
|
| On Behalf Of |
Leigh C. Katzman
|
|
| Docket Date |
2020-12-11
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix ~ TO JURISDICTIONAL BRIEF.
|
| On Behalf Of |
Leigh C. Katzman
|
|
| Docket Date |
2020-12-01
|
| 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 April 20, 2020 "order on plaintiff's motion to stay payments to Katzman Chandler P.A. and Leigh Katzman pending completion of evidentiary hearing" is an appealable order pursuant to Florida Rule of Appellate Procedure 9.110 or 9.130; and how the November 3, 2020 "order on July 28, 2020 evidentiary hearing" is a final appealable order as it does not enter judgment for or against a party. Hoffman v. Hall, 817 So. 2d 1057, 1058 (Fla. 1st DCA 2002) (stating that an order must contain unequivocal language of finality to be appealable as a final order); furtherAppellee may file a response within ten (10) days of service of that statement.
|
|
| Docket Date |
2020-11-30
|
| 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, 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 that 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 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 circuit court clerk's determination of indigent status is filed.
|
|
| Docket Date |
2020-11-30
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid Through Portal
|
| On Behalf Of |
Leigh C. Katzman
|
|
| Docket Date |
2020-11-30
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2020-11-25
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2020-11-25
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
Leigh C. Katzman
|
|
