| Docket Date |
2023-07-28
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2023-07-11
|
| Type |
Order
|
| Subtype |
Order on Motion for Rehearing En Banc
|
| Description |
Order Denying Rehearing En Banc ~ ORDERED that appellant's June 2, 2023 motion for rehearing, rehearing en banc, certification, and written opinion is denied.
|
|
| Docket Date |
2023-07-11
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2023-06-21
|
| Type |
Notice
|
| Subtype |
Notice of Supplemental Authority
|
| Description |
Notice of Supplemental Authority
|
| On Behalf Of |
Lakeysha R. Westpoint
|
|
| Docket Date |
2023-06-20
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ OPPOSITION TO APPELLANT'S MOTION FOR REHEARING
|
| On Behalf Of |
Dixie Aventura Holdings, LLC
|
|
| Docket Date |
2023-06-02
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion for Rehearing
|
| Description |
Motion for Rehearing / Rehearing En Banc
|
| On Behalf Of |
Lakeysha R. Westpoint
|
|
| Docket Date |
2023-06-02
|
| Type |
Notice
|
| Subtype |
Notice of Related Case or Issue
|
| Description |
Notice of Similar Case Pending
|
| On Behalf Of |
Lakeysha R. Westpoint
|
|
| Docket Date |
2023-05-18
|
| Type |
Order
|
| Subtype |
Order on Motion For Attorney's Fees
|
| Description |
Deny Attorney's Fees ~ ORDERED that appellant’s April 3, 2023 motion for appellate attorney's fees is denied.
|
|
| Docket Date |
2023-05-18
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed - Per Curiam Affirmed
|
|
| Docket Date |
2023-04-04
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant's Reply Brief
|
| On Behalf Of |
Lakeysha R. Westpoint
|
|
| Docket Date |
2023-04-03
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
|
| On Behalf Of |
Lakeysha R. Westpoint
|
|
| Docket Date |
2023-03-07
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Brief
|
| On Behalf Of |
Dixie Aventura Holdings, LLC
|
|
| Docket Date |
2023-03-06
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
Order Striking Appendix - Non-Compliance With R. 9.220 ~ ORDERED that appellee Dixie Aventura Holdings, LLC's 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 paginated so that the page numbers displayed by the PDF reader exactly match the pagination of the index, and contains bookmarks which are not in compliance with Rule 9.220(c)(3). 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 |
2023-03-03
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief
|
| On Behalf Of |
Dixie Aventura Holdings, LLC
|
|
| Docket Date |
2023-03-03
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Brief ~ **STRICKEN**
|
| On Behalf Of |
Dixie Aventura Holdings, LLC
|
|
| Docket Date |
2023-02-23
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 7 DAYS TO 03/03/2023
|
|
| Docket Date |
2023-02-23
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
| Description |
Notice of Agreed Extension - Answer Brief
|
| On Behalf Of |
Dixie Aventura Holdings, LLC
|
|
| Docket Date |
2023-01-11
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
| Description |
Notice of Agreed Extension - Answer Brief
|
| On Behalf Of |
Dixie Aventura Holdings, LLC
|
|
| Docket Date |
2023-01-11
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 45 DAYS TO 02/24/2023
|
|
| Docket Date |
2022-12-12
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
Order Granting EOT for Initial Brief ~ Upon consideration of appellant’s December 12, 2022 response, this court’s December 1, 2022 order to show cause is discharged. Further,ORDERED that appellant's motion for extension of time, contained within the December 12, 2022 response is granted, and appellant shall serve the initial brief no later than December 12, 2022. 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 |
2022-12-12
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
Lakeysha R. Westpoint
|
|
| Docket Date |
2022-12-12
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Initial Brief
|
| Description |
Mot. for Extension of time to file Initial Brief ~ AND SHOWING OF GOOD CAUSE WHY THIS APPEAL SHOULD NOT BE DISMISSED FOR LACK OF PROSECUTION
|
| On Behalf Of |
Lakeysha R. Westpoint
|
|
| Docket Date |
2022-12-01
|
| Type |
Order
|
| Subtype |
Show Cause
|
| Description |
Show Cause Lack of Prosecution, Initial Brief ~ **DISCHARGED 12/12/2022**ORDERED that appellant in the above-styled case is directed to show cause in writing, if any there be, within ten (10) days from the date of this order, why the above-styled case should not be dismissed for lack of timely prosecution, in that appellant's initial brief has not been filed with this court as of this date. Failure to respond to this order will result in a sua sponte dismissal without further notice. If the initial brief is filed within this time, the order to show cause will be considered automatically discharged without further order.
|
|
| Docket Date |
2022-10-24
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 30 DAYS TO 11/23/2022
|
|
| Docket Date |
2022-10-24
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
| Description |
Notice of Agreed Extension - Initial Brief
|
| On Behalf Of |
Lakeysha R. Westpoint
|
|
| Docket Date |
2022-10-03
|
| Type |
Record
|
| Subtype |
Supplemental Record
|
| Description |
Supplemental Records ~ 34 PAGES (PAGES 339-368)
|
| On Behalf Of |
Clerk - Broward
|
|
| Docket Date |
2022-09-12
|
| Type |
Order
|
| Subtype |
Order on Motion to Amend/Correct Record
|
| Description |
ORD-Allow Record to be Corrected ~ ORDERED that, upon consideration of appellant’s September 1, 2022 response, the appellee’s August 30, 2022 motion to supplement the record is granted. The clerk of the lower tribunal shall supplement and correct the record pursuant to the motion within twenty (20) days from the date of this order.
|
|
| Docket Date |
2022-09-01
|
| Type |
Record
|
| Subtype |
Appendix to Response
|
| Description |
Appendix to Response
|
| On Behalf Of |
Lakeysha R. Westpoint
|
|
| Docket Date |
2022-09-01
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ IN OPPOSITION TO APPELLEE'S MOTION TO CORRECT AND SUPPLEMENT RECORD ON APPEAL
|
| On Behalf Of |
Lakeysha R. Westpoint
|
|
| Docket Date |
2022-08-31
|
| Type |
Order
|
| Subtype |
Order on Motion to Amend/Correct Record
|
| Description |
ORD-Allow Record to be Corrected ~ ORDERED that appellant's August 29, 2022 motion to correct and supplement the record on appeal is granted. The clerk of the lower tribunal shall supplement and correct the record pursuant to paragraph 9 of the motion within twenty (20) days from the date of this order. Further,ORDERED that appellant’s August 19, 2022 motion for extension of time for preparation of the record on appeal and initial brief is denied as moot.
|
|
| Docket Date |
2022-08-30
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion to Amend/Correct Record
|
| Description |
Motion To Correct the Record ~ MOTION TO CORRECT AND SUPPLEMENT RECORD ON APPEAL
|
| On Behalf Of |
Dixie Aventura Holdings, LLC
|
|
| Docket Date |
2022-08-29
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion to Amend/Correct Record
|
| Description |
Motion To Correct the Record ~ UNOPPOSED MOTION TO CORRECT AND SUPPLEMENT THE RECORD ON APPEAL
|
| On Behalf Of |
Lakeysha R. Westpoint
|
|
| Docket Date |
2022-08-24
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ 340 PAGES
|
| On Behalf Of |
Clerk - Broward
|
|
| Docket Date |
2022-08-19
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time for Record & EOT/Toll Briefing
|
| Description |
Motion for Extension of Time for Record & Brief ~ **MOOT, SEE 08/31/2022 ORDER**
|
| On Behalf Of |
Lakeysha R. Westpoint
|
|
| Docket Date |
2022-07-27
|
| Type |
Order
|
| Subtype |
Order on Motion to Stay
|
| Description |
Order Denying Stay ~ ORDERED that appellant’s June 23, 2022 “emergency motion to stay trial court proceedings and review denial of stay” is denied for failure to establish irreparable harm. See generally Baker v. Frick, 154 So. 846, 846 (Fla. 1934); Rsrv. 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).
|
|
| Docket Date |
2022-06-23
|
| Type |
Motions Other
|
| Subtype |
Motion To Stay
|
| Description |
Motion To Stay ~ EMERGENCY MOTION TO STAY TRIAL COURT PROCEEDINGS AND REVIEW DENIAL OF STAY
|
| On Behalf Of |
Lakeysha R. Westpoint
|
|
| Docket Date |
2022-06-23
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix ~ TO APPELLANT'S EMERGENCY MOTION TO STAY
|
| On Behalf Of |
Lakeysha R. Westpoint
|
|
| Docket Date |
2022-06-23
|
| Type |
Notice
|
| Subtype |
Notice of Filing
|
| Description |
Notice of Filing ~ TRIAL COURT'S ORDER DENYING STAY, IN SUPPORT OF APPELLANT'S MOTION FOR REVIEW OF DENIAL OF STAY
|
| On Behalf Of |
Lakeysha R. Westpoint
|
|
| Docket Date |
2022-06-23
|
| Type |
Order
|
| Subtype |
Order on Request for Emergency Treatment
|
| Description |
Denying Request for Emergency Treatment ~ ORDERED that the appellant's June 23, 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); Rsrv. 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 |
2022-06-21
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees ~ AND COSTS
|
| On Behalf Of |
Dixie Aventura Holdings, LLC
|
|
| Docket Date |
2022-06-17
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Dixie Aventura Holdings, LLC
|
|
| Docket Date |
2022-06-16
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid Through Portal
|
| On Behalf Of |
Lakeysha R. Westpoint
|
|
| Docket Date |
2022-06-14
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
Lakeysha R. Westpoint
|
|
| Docket Date |
2022-06-14
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2022-06-14
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2022-06-14
|
| 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 (2021), 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.
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