| Docket Date |
2018-06-08
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2018-05-16
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed - Per Curiam Affirmed
|
|
| Docket Date |
2018-05-16
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Miscellaneous Order ~ Appellee has filed a motion for attorney's fees pursuant to section 733.106, Florida Statutes, that indicates the matter of fees is still pending in the trial court. Accordingly, we remand the motion for fees to the trial court for a determination of any entitlement in regard the resolution of the still-pending fee issues in this trust and probate matter.
|
|
| Docket Date |
2018-05-04
|
| Type |
Misc. Events
|
| Subtype |
Oral Argument Date Set
|
| Description |
Oral Argument Date Set ~ Ft. Myers
|
|
| Docket Date |
2018-03-13
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ APPELLANTS' RESPONSE IN OPPOSITION TO APPELLEES' MOTION FOR APPELLATE FEES
|
| On Behalf Of |
GREGORY RISO
|
|
| Docket Date |
2018-03-12
|
| Type |
Order
|
| Subtype |
Order on Motion/Request for Oral Argument
|
| Description |
Oral Argument Notice for Out of Town Session ~ This case is provisionally set for oral argument on FRIDAY, MAY 04, 2018, at 9:00 A.M., before: Judge Edward C. LaRose, Judge Morris Silberman, Judge Samuel J. Salario, Jr. Oral argument will occur in Courtroom 4B of the LEE COUNTY COURTHOUSE, at 1700 MONROE STREET, FORT MYERS, FLORIDA. The court calendars can be viewed on this court’s website at www.2dca.org. Counsel or parties are requested to make their presence known to the receptionist by fifteen minutes prior to the time listed above.The panel is subject to change without notice. Should the assigned panel of judges decide that the court will not benefit from oral argument in this proceeding, the attorneys or parties will be notified by order no less than two weeks before the scheduled date.Please review the notice regarding oral argument in the Second District Court of Appeal. A copy has been furnished with this order and may also be found on this court’s website.
|
|
| Docket Date |
2018-02-26
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
|
| On Behalf Of |
KENNETH RISO
|
|
| Docket Date |
2018-02-26
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion/Request for Oral Argument
|
| Description |
Request for Oral Argument
|
| On Behalf Of |
GREGORY RISO
|
|
| Docket Date |
2018-02-26
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant Reply Brief
|
| On Behalf Of |
GREGORY RISO
|
|
| Docket Date |
2018-02-02
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Stipulation for Extension of Time ~ 20- RB DUE 02/25/18
|
| On Behalf Of |
GREGORY RISO
|
|
| Docket Date |
2018-01-16
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee Answer Brief
|
| On Behalf Of |
KENNETH RISO
|
|
| Docket Date |
2018-01-08
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Stipulation for Extension of Time ~ 10- AB DUE 01/16/18
|
| On Behalf Of |
KENNETH RISO
|
|
| Docket Date |
2017-12-07
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Stipulation for Extension of Time ~ 30- AB due 01/06/18
|
| On Behalf Of |
KENNETH RISO
|
|
| Docket Date |
2017-11-06
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Stipulation for Extension of Time ~ 30- AB DUE 12/07/17
|
| On Behalf Of |
KENNETH RISO
|
|
| Docket Date |
2017-10-13
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Appellant Brief on Merits
|
| On Behalf Of |
GREGORY RISO
|
|
| Docket Date |
2017-09-28
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
ORDER GRANTING EOT FOR INITIAL BRIEF ~ Appellants' motion for extension of time is granted, and the initial brief shall be served within 15 days.
|
|
| Docket Date |
2017-09-15
|
| 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 |
GREGORY RISO
|
|
| Docket Date |
2017-09-06
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
ORDER GRANTING EOT FOR INITIAL BRIEF ~ Appellant's motion for extension of time is granted, and the initial brief shall be served by September 15, 2017.
|
|
| Docket Date |
2017-09-05
|
| 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 |
GREGORY RISO
|
|
| Docket Date |
2017-09-01
|
| Type |
Notice
|
| Subtype |
Notice of Change of Address
|
| Description |
Notice of Change of Address ~ "NOTICE OF FIRM CHANGE OF ADDRESS AND DIRECTIONS TO CLERK TO CHANGE ADDRESS"
|
| On Behalf Of |
GREGORY RISO
|
|
| Docket Date |
2017-08-14
|
| Type |
Order
|
| Subtype |
Order on Miscellaneous Motion
|
| Description |
Grant Miscellaneous Motion-79 ~ Appellees' motion to vacate the July 13, 2017, order is granted, and that order is vacated. Appellants shall file and serve their initial brief within 20 days from the date of this order.
|
|
| Docket Date |
2017-08-10
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ APPELLANTS' RESPONSE TO APPELLEES' MOTION TO VACATE JULY 13, 2017 ORDER
|
| On Behalf Of |
GREGORY RISO
|
|
| Docket Date |
2017-07-31
|
| Type |
Order
|
| Subtype |
Order to File Response
|
| Description |
ORD-TO FILE RESPONSE ~ Appellants are directed to respond within ten (10) days from the date of this order to Appellees' motion to vacate.
|
|
| Docket Date |
2017-07-27
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
Miscellaneous Motion ~ APPELLEES' MOTION TO VACATE JULY 13, 2017 ORDER
|
| On Behalf Of |
KENNETH RISO
|
|
| Docket Date |
2017-07-13
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
MISCELLANEOUS ORDER ~ ***VACATED***(see 08/14/17 ord)The court reporter, Jaclyn Ouellette, is overdue in filing transcripts in this proceeding as directed in this court's orders dated February 15, 2017, April 26, 2017, and May 12, 2017.The notice of appeal in this case was filed in September 2016. Beginning in November 2016, the appellants have been forced to seek extensions of time to serve the initial brief because the transcripts of prior trial proceedings on September 21, 22, and 25, 2015, had not been filed in the lower tribunal. The appellants have filed two motions to compel the court reporter to complete and file the transcripts. The contracted court reporter, Pleasanton, Greenhill, Meek and Marsaa, responded to the court's order dated April 26, 2017, and represented that Collier Court Reporting, Inc. covered the trial proceedings and that Jaclyn Ouellette reported the trial. The court granted the contracted court reporter a thirty-day extension of time to obtain and file the transcripts. Neither Collier Court Reporting nor Ms. Ouellette responded to the order. In the responses to this court's order to show cause why sanctions should not be imposed for failure to complete and file the transcripts, it appears that Ms. Ouellette is responsible for the delay in transcribing and filing the transcript. In a notice of filing, Collier Court Reporting attached an email exchange between its former president and Ms. Ouellette in which she represented to him that she was capable of and would work to have the transcripts ready by June 8, 2017. As of the date of this order, no transcripts have been filed in the lower tribunal. The court reporter's failure to timely file the transcripts designated by the appellant has prevented this appeal from being perfected. Furthermore, this appeal of a probate order is subject to reversal unless the transcripts can be obtained.We therefore relinquish jurisdiction in this case for 45 days to the Circuit Court for the Twentieth Judicial Circuit. The Honorable Michael T. McHugh, Chief Judge, shall take appropriate measures to ensure that the designated transcripts are filed with the clerk of the circuit court within the 45-day period. Judge McHugh may delegate responsibility for this matter to another judge of the circuit court, as he deems appropriate. By the end of the 45-day period, Judge McHugh or his designee shall file in this court a status report on transcript preparation and filing.
|
|
| Docket Date |
2017-06-20
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
ORDER GRANTING EOT FOR INITIAL BRIEF ~ Appellant's motion for extension of time is granted, and the initial brief shall be served within 30 days of this order.
|
|
| Docket Date |
2017-06-12
|
| Type |
Notice
|
| Subtype |
Notice of Filing
|
| Description |
Notice of Filing ~ NOTICE OF FILING EMAIL EXCHANGE REGARDING TRANSCRIPTION
|
|
| Docket Date |
2017-06-05
|
| Type |
Notice
|
| Subtype |
Notice of Filing
|
| Description |
Notice of Filing ~ NOTICE OF FILING DIRECT MAILING ADDRESS OF JACLYN OUELLETTE
|
|
| Docket Date |
2017-05-18
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ PLEASANTON, GREENHILL, MEEK & MARSAA'S VERIFIED RESPONSE TO THE COURT'S MAY 12, 2017 ORDER TO SHOW CAUSE
|
|
| Docket Date |
2017-05-16
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ VERIFIED RESPONSE OF COLLIER COURT REPORTING, INC., TO DISTRICT COURT OF APPEAL ORDER ENTERED MAY 12, 2017
|
|
| Docket Date |
2017-05-12
|
| Type |
Order
|
| Subtype |
Order to Show Cause
|
| Description |
ORD-TO SHOW CAUSE ~ Upon appellants' second motion to compel the court reporters to complete the trial transcript, the court reporters, including Collier Court Reporting, Inc., and Jaclyn M. Ouellette, are ordered, within 10 days from the date of this order, to show cause why sanctions should not be imposed for failure to transmit the transcript to the lower tribunal clerk's office.
|
|
| Docket Date |
2017-04-26
|
| Type |
Order
|
| Subtype |
Order to File Response
|
| Description |
ct reprtr response to m/compel ~ The court reporters shall respond to appellants' second motion to compel within ten days of the date of this order. The court reporter shall certify service of the response on all parties receiving this order.
|
|
| Docket Date |
2017-04-26
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ PLEASANTON, GREENHILL, MEEK & MARSAA'S RESPONSE TO ORDER OF THE COURT DATED APRIL 26, 2017 / APPELLANT'S SECOND MOTION TO COMPEL TRANSCRIPT
|
|
| Docket Date |
2017-04-18
|
| 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 |
GREGORY RISO
|
|
| Docket Date |
2017-04-18
|
| Type |
Motions Other
|
| Subtype |
Motion To Compel
|
| Description |
Motion To Compel ~ APPELLANTS' SECOND MOTION TO COMPEL PLEASANTON, GREENHILL, MEEK AND MARSAA, COLLIER REPORTING, AND JACLYN M. OUELLETTE TO COMPLETE THE TRIAL TRANSCRIPT
|
| On Behalf Of |
GREGORY RISO
|
|
| Docket Date |
2017-04-18
|
| Type |
Record
|
| Subtype |
Appendix to Motion
|
| Description |
ALL OTHER MOTIONS APPENDIX/ATTACHMENT ~ APPENDIX TO APPELLANTS' SECOND MOTION FOR EXTENSION OF TIME TO FILE INITIAL BRIEF
|
| On Behalf Of |
GREGORY RISO
|
|
| Docket Date |
2017-03-22
|
| Type |
Record
|
| Subtype |
Supplemental Record
|
| Description |
Supplemental Records ~ 432 PAGES
|
|
| Docket Date |
2017-03-13
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time for Court Reporter
|
| Description |
GR EOT COURT RPTR TRANS-CR REQ ~ The court reporter Pleasanton, Greenhill, Meek & Marsaa's motion for extension of time to file transcript is granted, and the transcript shall be filed in the lower tribunal within 30 days from the date of this order. Appellants' motion to supplement the record is granted, and appellants shall make arrangements within three days with the clerk of the circuit court for the supplementation of the record with the items mentioned in the motion, with the supplemental record to be filed in this court within twenty-five days from the date of this order. Appellants' motion for extension of time is granted, and the initial brief shall be served by April 19, 2017. Appellants' motion to compel the court reporters to complete the transcript is denied without prejudice.
|
|
| Docket Date |
2017-02-07
|
| 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 |
GREGORY RISO
|
|
| Docket Date |
2016-11-22
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
eot for brief; date certain ~ This court has received a motion for extension of time that is dependent on the action of the circuit or agency clerk or court reporter. To facilitate monitoring compliance with this order, the court is unwilling to grant an extension of time to a date that is subject to future action by third parties. As such, the appellant's motion is granted to the extent that the initial brief shall be served within 90 days. If the appellant is unable to timely serve the initial brief due to the delay of this third party, the next appropriate step is the filing of a motion to compel in this court.
|
|
| Docket Date |
2017-03-06
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
KENNETH RISO
|
|
| Docket Date |
2017-02-28
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ PLEASANTON, GREENHILL, MEEK & MARSAA'S RESPONSE TO ORDER OF THE COURT DATED FEBRUARY 15, 2017
|
|
| Docket Date |
2017-02-28
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
|
| Docket Date |
2017-02-28
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion for Extension of Time for Court Reporter
|
| Description |
Motion Extension of Time Court Rpter Trans-Cr Req
|
|
| Docket Date |
2017-02-15
|
| Type |
Order
|
| Subtype |
Order to File Response
|
| Description |
ct rptr response to motion to compel
|
|
| Docket Date |
2017-02-07
|
| Type |
Motions Other
|
| Subtype |
Motion To Compel
|
| Description |
Motion To Compel ~ PLEASANTON, GREENHILL, MEEK AND MARSAA, COLLIER REPORTING, AND JACLYN M. OUELLETTE TO COMPLETE THE TRIAL TRANSCRIPT
|
| On Behalf Of |
GREGORY RISO
|
|
| Docket Date |
2016-11-16
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time for Record
|
| Description |
Motion Extension of Time To File Record
|
| On Behalf Of |
GREGORY RISO
|
|
| Docket Date |
2016-11-03
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ HAYES
|
|
| Docket Date |
2016-10-24
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid through Portal
|
| On Behalf Of |
GREGORY RISO
|
|
| Docket Date |
2016-10-20
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
fee - civil; atty
|
|
| Docket Date |
2016-10-20
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter 1
|
|
| Docket Date |
2016-09-30
|
| Type |
Miscellaneous Document
|
| Subtype |
Lower Tribunal Transmittal Cover Sheet
|
| Description |
LOWER TRIBUNAL TRANSMITTAL COVER SHEET
|
|
| Docket Date |
2016-09-30
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2016-09-30
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
GREGORY RISO
|
|
