| Docket Date |
2023-05-01
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2023-05-01
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
| View |
View File
|
|
| Docket Date |
2023-04-12
|
| Type |
Order
|
| Subtype |
Order on Motion For Attorney's Fees
|
| Description |
Order on Motion For Attorney's Fees
|
| View |
View File
|
|
| Docket Date |
2023-04-12
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed
359 So. 3d 1239
|
| View |
View File
|
|
| Docket Date |
2021-11-19
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ Show Cause brief of AA
|
| On Behalf Of |
Emerald Coast Utilities Authority
|
|
| Docket Date |
2021-11-04
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Order ~ It appears this Court may lack jurisdiction in this appeal of a nonfinal order—an issue we raise sua sponte. This Court has jurisdiction over non-final orders that “deny a motion that . . . asserts entitlement to sovereign immunity.” Fla. R. App. P. 9.130(a)(3)(F)(iii); see Fla. Highway Patrol v. Jackson, 288 So. 3d 1179, 1181–82, 1185–86 (Fla. 2020) (explaining that “precisely because sovereign immunity includes immunity from suit, entitlement to sovereign immunity should be established as early in the litigation as possible”; and also expanding rules for other immunities that, like sovereign immunity, were immunities from suit); see also City of Fort Lauderdale v. Hinton, 276 So. 3d 319, 324–26 (Fla. 4th DCA 2019) (stressing it is the immunity from suit that compels nonfinal appellate review). However, Appellant is not asserting entitlement to sovereign immunity or suit and instead only asserts the State waived sovereign immunity as to it and Appellee’s claims—to the extent of a $200,000 statutory damages cap. Appellant does not assert it is immune from suit. See Hinton, 276 So. 3d at 325–26 (“If the statutory caps in section 768.28(5) apply, then the City is not immune from suit. . . . The City still has to defend this action. Any error at trial in misconstruing the number of occurrences and the extent of the City’s liability can be corrected on final appeal.”); Fla. Fish & Wildlife Conservation Comm’n v. Jeffrey, 178 So. 3d 460, 465 (Fla. 1st DCA 2015) (explaining limited immunity from liability is not immunity from suit, and the benefit of immunity from liability is not lost if review has to await a final judgment); see also Hinton, 276 So. 3d at 325 (“The parties have not cited any cases where the applicability of statutory damage caps was reviewed on nonfinal appeal.”).Accordingly, Appellant shall show cause within 15 days from the date of this Order why this Court should not dismiss the appeal for lack of jurisdiction. Appellee may file a reply within 15 days after Appellant’s response.
|
|
| Docket Date |
2021-08-31
|
| Type |
Order
|
| Subtype |
Order on Motion/Request for Oral Argument
|
| Description |
OA Denied ~ Appellee's motion for oral argument docketed July 2, 2021, is denied.
|
|
| Docket Date |
2021-08-13
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant's Reply Brief
|
| On Behalf Of |
Emerald Coast Utilities Authority
|
|
| Docket Date |
2021-08-02
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Reply Brief
|
| Description |
Grant Reply Brief Extension ~ Appellant's motion docketed July 30, 2021, for extension of time for service of the reply brief is granted. Appellant's reply brief shall be served on or before August 13, 2021.
|
|
| Docket Date |
2021-07-30
|
| 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 |
Emerald Coast Utilities Authority
|
|
| Docket Date |
2021-07-15
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ to AE's Motion For Attorney's Fees
|
| On Behalf Of |
Emerald Coast Utilities Authority
|
|
| Docket Date |
2021-07-02
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion/Request for Oral Argument
|
| Description |
Motion For Oral Argument
|
| On Behalf Of |
Thomas Home Corporation
|
|
| Docket Date |
2021-07-02
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix ~ to AB
|
| On Behalf Of |
Thomas Home Corporation
|
|
| Docket Date |
2021-07-02
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
|
| On Behalf Of |
Thomas Home Corporation
|
|
| Docket Date |
2021-07-02
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief
|
| On Behalf Of |
Thomas Home Corporation
|
|
| Docket Date |
2021-05-11
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ AB 44 days 7/2/21
|
|
| Docket Date |
2021-05-10
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Notice of Agreed Extension of Time ~ 44 Days - AB
|
| On Behalf Of |
Thomas Home Corporation
|
|
| Docket Date |
2021-04-19
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
Emerald Coast Utilities Authority
|
|
| Docket Date |
2021-04-19
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
Grant Initial Brief Extension ~ Appellant's motion docketed April 14, 2021, for extension of time for service of the initial brief is granted. Appellant's brief shall be served on or before April 19, 2021.
|
|
| Docket Date |
2021-04-19
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix ~ To IB
|
| On Behalf Of |
Emerald Coast Utilities Authority
|
|
| Docket Date |
2021-04-16
|
| Type |
Order
|
| Subtype |
Order Vacating/Withdrawing Order
|
| Description |
Withdraw Ct's Order Issued in Error ~ The Court's order dated April 16, 2021, is withdrawn as issued in error.
|
|
| Docket Date |
2021-04-14
|
| 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 |
Emerald Coast Utilities Authority
|
|
| Docket Date |
2021-03-18
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
CASE FILING FEE PAID THROUGH PORTAL
|
| On Behalf Of |
Emerald Coast Utilities Authority
|
|
| Docket Date |
2021-03-12
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ IB 30 days 4/12/21
|
|
| Docket Date |
2021-03-11
|
| Type |
Misc. Events
|
| Subtype |
Docketing Statement
|
| Description |
Docketing Statement
|
| On Behalf Of |
Emerald Coast Utilities Authority
|
|
| Docket Date |
2021-03-11
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Notice of Agreed Extension of Time ~ 30 Days - IB
|
| On Behalf Of |
Emerald Coast Utilities Authority
|
|
| Docket Date |
2021-03-08
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
20-Day Pay Fee ($300) ~ The appellant/petitioner has failed to tender the required $300.00 filing fee per Section 35.22(2)(a), Florida Statutes (2018), and Florida Rule of Appellate Procedure 9.110(b). The appellant/petitioner is hereby directed to pay the $300 filing fee within 20 days of this order. Failure to comply with this order will result in the dismissal of this cause without further opportunity to be heard. Florida Rule of Appellate Procedure 9.410.
|
|
| Docket Date |
2021-03-02
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Notice of Appeal / Acknowledgement letter ~ Notice of Appeal from the lower tribunal reflecting a filing date of February 25, 2021.
|
|
| Docket Date |
2021-03-01
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2021-03-01
|
| Type |
Notice
|
| Subtype |
Notice of Appeal Transmittal Form
|
| Description |
Notice of Appeal Transmittal Form
|
| On Behalf Of |
Hon. Pam Childers
|
|
