| Docket Date |
2023-04-24
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Miscellaneous Order ~ Upon consideration of appellants' April 4, 2023 jurisdictional brief, it is ORDERED that appellants shall have thirty (30) days from the date of this order to obtain a final order and to file a copy in this court. Failure to do so will result in sua sponte dismissal of the appeal. See Fla. R. App. P. 9.110(l) ("if a notice of appeal is filed before rendition of a final order, the appeal shall be subject to dismissal as premature. However, the lower tribunal retains jurisdiction to render a final order, and if a final order is rendered before dismissal of the premature appeal, the premature notice of appeal shall be considered effective to vest jurisdiction in the court to review the final order. Before dismissal, the court in its discretion may grant the parties additional time to obtain a final order from the lower tribunal."); Salgado v. Suyapa-Jimenez, 254 So. 3d 1053 (Fla. 3d DCA 2018); Arzuman v. Bunin, 59 So. 3d 146 (Fla. 4th DCA 2011) (finding that an order that directs the clerk to close the file is a nonappealable, nonfinal order); Monticello Ins. Co. v. Thompson, 743 So. 2d 1215, 1216 (Fla. 1st DCA 1999) ("[C]ase law establishes that the 'form of orders of this kind is determinative.' Thus, without language in the order which 'hereby enters' a judgment, or similar unequivocal language of finality . . . we do not possess jurisdiction.") (internal citation and quotation omitted). ORDERED that the trial court is specifically authorized, pursuant to Florida Rule of Appellate Procedure 9.600(b), upon appropriate application, to enter a final order in these proceedings.
|
|
| Docket Date |
2023-03-28
|
| Type |
Order
|
| Subtype |
Amended/Additional Filing(s) Needed
|
| Description |
Order Requiring Amended Certificate Service ~ The certificate of service attached to the notice of appeal or petition does not comply in substance with the requirements of Florida Rule of General Practice and Judicial Administration 2.516(f) and Florida Rule of Appellate Procedure 9.420(d). Therefore, it is ORDERED that appellant shall file in this court, within five (5) days from the date of this order, an amended certificate of service which shall specify the party each attorney represents and include the names, current mailing addresses, and email service addresses for all served with the notice of appeal or petition.
|
|
| Docket Date |
2024-02-28
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
Dismissed
|
| View |
View File
|
|
| Docket Date |
2024-02-24
|
| Type |
Motions Other
|
| Subtype |
Motion/Notice Voluntary Dismissal
|
| Description |
Motion/Notice Voluntary Dismissal
|
|
| Docket Date |
2023-12-01
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Order on Agreed Extension of Time -- 30 DAYS TO 1/8/24
|
| On Behalf Of |
Bank of America, N.A.
|
|
| Docket Date |
2023-12-01
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
| Description |
Notice of Agreed Extension of Time - Answer Brief
|
|
| Docket Date |
2023-11-02
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
Order Striking Filing
|
| View |
View File
|
|
| Docket Date |
2023-11-02
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
| Description |
Notice of Agreed Extension of Time - Answer Brief
|
| On Behalf Of |
Bank of America, N.A.
|
|
| Docket Date |
2023-11-01
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
| Description |
***STRICKEN***Notice of Agreed Extension of Time - Answer Brief
|
| On Behalf Of |
Bank of America, N.A.
|
|
| Docket Date |
2023-10-03
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Order on Agreed Extension of Time -- 30 DAYS TO 11/2/23
|
|
| Docket Date |
2023-10-02
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Bank of America, N.A.
|
|
| Docket Date |
2023-09-01
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
***MOOT*** Motion For Attorney's Fees
|
| On Behalf Of |
Eileen Newberry
|
|
| Docket Date |
2023-09-01
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion/Request for Oral Argument
|
| Description |
Request for Oral Argument
|
| On Behalf Of |
Eileen Newberry
|
|
| Docket Date |
2023-09-01
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
Eileen Newberry
|
|
| Docket Date |
2023-08-01
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
| Description |
Notice of Agreed Extension - Initial Brief
|
| On Behalf Of |
Eileen Newberry
|
|
| Docket Date |
2023-08-01
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 30 DAYS TO 9/6/23
|
|
| Docket Date |
2023-07-19
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Eileen Newberry
|
|
| Docket Date |
2023-06-12
|
| Type |
Notice
|
| Subtype |
Amended Notice of Appeal
|
| Description |
Amended Notice of Appeal
|
| On Behalf Of |
Eileen Newberry
|
|
| Docket Date |
2023-06-07
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
Order Granting EOT for Initial Brief ~ ORDERED that appellants’ June 6, 2023 motion for extension of time is granted, and appellants shall serve the initial brief within sixty (60) 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 |
2023-06-06
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Order denying EOT w/out prejudice 9.300(a) ~ ORDERED that appellants' June 2, 2023 motion for extension of time is denied without prejudice for failure to comply with Florida Rule of Appellate Procedure 9.300(a). See also this court's Notice to Attorneys and to Parties Representing Themselves, Paragraphs 1 and 2.
|
|
| Docket Date |
2023-06-06
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ 268 PAGES
|
| On Behalf Of |
Clerk - Broward
|
|
| Docket Date |
2023-06-06
|
| 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 |
Eileen Newberry
|
|
| Docket Date |
2023-06-06
|
| Type |
Notice
|
| Subtype |
Amended Notice of Appeal
|
| Description |
Amended Notice of Appeal
|
| On Behalf Of |
Eileen Newberry
|
|
| Docket Date |
2023-06-02
|
| 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 |
Eileen Newberry
|
|
| Docket Date |
2023-06-01
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice ~ OF INABILITY TO TRANSMIT THE RECORD
|
| On Behalf Of |
Clerk - Broward
|
|
| Docket Date |
2023-05-18
|
| Type |
Notice
|
| Subtype |
Notice of Filing
|
| Description |
Notice of Filing ~ ORDER.
|
| On Behalf Of |
Eileen Newberry
|
|
| Docket Date |
2023-04-04
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice ~ AMENDED CERTIFICATE OF SERVICE
|
| On Behalf Of |
Eileen Newberry
|
|
| Docket Date |
2023-04-04
|
| Type |
Brief
|
| Subtype |
Jurisdictional Brief
|
| Description |
Jurisdictional Brief
|
| On Behalf Of |
Eileen Newberry
|
|
| Docket Date |
2023-03-30
|
| 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 language in the February 25, 2023 order stating that final judgment "is approved" is sufficient to render the order an appealable final judgment. See Caufield v. Cantele, 837 So. 2d 371, 375 (Fla. 2002) ("A final judgment is one which ends the litigation between the parties and disposes of all issues involved such that no further action by the court will be necessary."); Monticello Ins. Co. v. Thompson, 743 So. 2d 1215, 1216 (Fla. 1st DCA 1999) ("[C]ase law establishes that the 'form of orders of this kind is determinative.' Thus, without language in the order which 'hereby enters' a judgment, or similar unequivocal language of finality . . . we do not possess jurisdiction.") (internal citation and quotation omitted). Further,Appellee may file a response within ten (10) days of service of that statement.
|
|
| Docket Date |
2023-03-30
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid Through Portal
|
| On Behalf Of |
Eileen Newberry
|
|
| Docket Date |
2023-03-28
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
Eileen Newberry
|
|
| Docket Date |
2023-03-28
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2023-03-28
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
