|
HAROLD MILLER VS LINNETTE MILLER
|
SC2019-0103
|
2019-01-18
|
Closed
|
|
| Classification |
Original Proceedings - Writ - Mandamus
|
| Court |
Supreme Court of Florida
|
| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
062015DR005727AXXXCE
Circuit Court for the Seventeenth Judicial Circuit, Broward County
4D18-1044
|
Parties
| Name |
HAROLD MILLER, INC.
|
| Role |
Petitioner
|
| Status |
Active
|
|
| Name |
Linnette Miller
|
| Role |
Respondent
|
| Status |
Active
|
| Representations |
Rebekah Brown-Wiseman
|
|
| Name |
Hon. Dale Curtis Cohen
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Hon. Brenda D. Forman
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2019-03-05
|
| Type |
Disposition
|
| Subtype |
Dism Failure To Comply
|
| Description |
DISP-DISM FAILURE TO COMPLY ~ The petition for mandamus is hereby dismissed on the Court's own motion based on petitioner's failure to timely submit the filing fee or a proper motion for leave to proceed in forma pauperis in accordance with this Court's order dated January 24, 2019. Any and all pending motions are hereby denied as moot. If petitioner wishes to seek reinstatement, the motion for reinstatement must be filed within fifteen days from the date of this order.
|
|
| Docket Date |
2019-01-24
|
| Type |
Letter-Case
|
| Subtype |
Acknowledgment Letter-New Case
|
| Description |
ACKNOWLEDGMENT LETTER-NEW CASE
|
|
| Docket Date |
2019-01-24
|
| Type |
Order
|
| Subtype |
Filing Fee Due
|
| Description |
ORDER-FILING FEE DUE-PRISONER CIVIL ~ The jurisdiction of this Court was invoked by the filing of a Petition for Writ of Mandamus; however, said petition was not accompanied by the $300.00 filing fee or a proper motion for leave to proceed in forma pauperis as required by Florida Rule of Appellate Procedure 9.100(b). The filing fee is due and payable at the time of filing the petition. Petitioner is allowed to and including February 25, 2019, in which to submit the filing fee or a proper motion for leave to proceed in forma pauperis that complies with section 57.085(2), Florida Statutes (2013). The petition will not be submitted to the Court until receipt of the above. Failure to submit the filing fee or the above referenced document to this Court could result in the imposition of sanctions, including dismissal of the petition.
|
|
| Docket Date |
2019-01-18
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
D3:Fee Due $300, but not billed
|
|
| Docket Date |
2019-01-18
|
| Type |
Petition
|
| Subtype |
Petition Filed
|
| Description |
PETITION-MANDAMUS ~ Filed as "Appeal the Order of Dismissal by the 4th DCA" & treated as Petition for Writ of Mandamus.
|
| On Behalf Of |
Harold Miller
|
| View |
View File
|
|
|
|
HAROLD MILLER VS LINNETTE MILLER
|
4D2018-3037
|
2018-10-11
|
Closed
|
|
| Classification |
Original Proceedings - Circuit Civil - Habeas Corpus
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
FMCE15-005727
|
Parties
| Name |
HAROLD MILLER, INC.
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
LINNETTE MILLER
|
| Role |
Respondent
|
| Status |
Active
|
| Representations |
Rebekah Brown-Wiseman
|
|
| Name |
BROWARD COUNTY SHERIFFS
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
Hon. Geoffrey D. Cohen
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Broward
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2018-10-23
|
| Type |
Disposition
|
| Subtype |
Denied
|
| Description |
Denied - Order by Judge
|
|
| Docket Date |
2018-10-23
|
| Type |
Disposition by Order
|
| Subtype |
Denied
|
| Description |
Order Denying Petition for Writ - Habeas ~ ORDERED that the petition for writ of habeas corpus is denied on the merits. The petition repeats arguments that were raised and rejected in the petition in case number 4D18-2638. Petitioner fails to show an entitlement to immediate release.CONNER, FORST and KLINGENSMITH, JJ., concur.
|
|
| Docket Date |
2018-10-15
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Habeas Corpus / Acknowledgment letter
|
|
| Docket Date |
2018-10-11
|
| Type |
Record
|
| Subtype |
Appendix to Petition
|
| Description |
Appendix to Petition
|
| On Behalf Of |
HAROLD MILLER
|
|
| Docket Date |
2018-10-11
|
| Type |
Petition
|
| Subtype |
Petition Habeas Corpus
|
| Description |
Petition Habeas Corpus
|
| On Behalf Of |
HAROLD MILLER
|
|
| Docket Date |
2018-10-11
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
NF4:No Fee-Habeas Corpus
|
|
|
|
HAROLD MILLER VS LINNETTE MILLER
|
4D2018-2717
|
2018-09-11
|
Closed
|
|
| Classification |
NOA Final - Circuit Family - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
FMCE 15-005727
|
Parties
| Name |
HAROLD MILLER, INC.
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
LINNETTE MILLER
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Rebekah Brown-Wiseman
|
|
| Name |
Hon. Dale C. Cohen
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Broward
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2018-12-03
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Brief
|
| On Behalf Of |
HAROLD MILLER
|
|
| Docket Date |
2018-12-03
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
ORD-Sua Sponte Dismissed for Lack of Jurisdiction ~ ORDERED sua sponte that the above-styled appeal is dismissed for lack of jurisdiction.GERBER, C.J., FORST and KLINGENSMITH, JJ., concur.
|
|
| Docket Date |
2018-12-03
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Judge
|
|
| Docket Date |
2018-12-03
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
HAROLD MILLER
|
|
| Docket Date |
2018-11-13
|
| 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 an order on a motion for documentation to evidence is appealable; further, Appellee may file a response within ten (10) days of service of that statement.
|
|
| Docket Date |
2018-10-30
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ 753 PAGES (PAGES 1-709)
|
|
| Docket Date |
2018-10-18
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to File Response
|
| Description |
Grant EOT to file Response ~ ORDERED that appellant's October 17, 2018 motion for extension of time is granted, and the time for filing a response to this court’s October 4, 2018 order is extended ten (10) days from the date of this order.
|
|
| Docket Date |
2018-10-17
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to File Response
|
| Description |
Motion for Extension of Time to File Response
|
| On Behalf Of |
HAROLD MILLER
|
|
| Docket Date |
2018-10-04
|
| Type |
Order
|
| Subtype |
Show Cause re Compliance with Prior Order
|
| Description |
Order to Show Cause-Appeal Dismissal ~ ORDERED that appellant 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 or other sanctions imposed for failure to comply with this court's September 12, 2018 orders requiring a conformed copy of the order being appealed and an amended notice of appeal to be filed with this court. If the order and amended notice of appeal are filed within this ten (10) day period, this order to show cause will be considered automatically discharged without further order.
|
|
| Docket Date |
2018-10-04
|
| Type |
Misc. Events
|
| Subtype |
Determination of Indigency/LT Order Insolvency
|
| Description |
Determination of Indigent Status
|
|
| Docket Date |
2018-09-12
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2018-09-12
|
| Type |
Order
|
| Subtype |
Amended/Additional Filing(s) Needed
|
| Description |
Order for Amendment to Notice of Appeal ~ ORDERED that the appellant is directed to file, within ten (10) days from the date of this order, an amended Notice of Appeal with a certificate of service that states the name of the attorney of record for the appellee and his/her physical address.
|
|
| Docket Date |
2018-09-11
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed ~ INDIGENT PER 18-1119
|
| On Behalf Of |
HAROLD MILLER
|
|
| Docket Date |
2018-09-11
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
WV:Waived
|
|
|
|
HAROLD MILLER VS LINNETTE MILLER
|
4D2018-2718
|
2018-09-11
|
Closed
|
|
| Classification |
NOA Final - Circuit Family - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
FMCE 15-005727
|
Parties
| Name |
HAROLD MILLER, INC.
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
LINNETTE MILLER
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Rebekah Brown-Wiseman, Craig J. Trocino
|
|
| Name |
Hon. Dale C. Cohen
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Broward
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2018-12-27
|
| Type |
Order
|
| Subtype |
Order to File Response
|
| Description |
ORD-Appellant to File Response ~ ORDERED that appellant is directed to respond, within ten (10) days from the date of this order, whether the December 11, 2018 filing entitled “motion to appeal” should be treated as appellant’s amended initial brief.
|
|
| Docket Date |
2018-12-11
|
| Type |
Notice
|
| Subtype |
Amended Notice of Appeal
|
| Description |
Amended Notice of Appeal ~ "MOTION TO APPEAL"
|
|
| Docket Date |
2018-12-11
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ 753 PAGES
|
|
| Docket Date |
2019-02-11
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response to Order to Show Cause ~ **TREATED AS APPELLANT'S AMENDED INITIAL BRIEF. SEE 02/11/2019 ORDER.**
|
| On Behalf Of |
HAROLD MILLER
|
|
| Docket Date |
2019-04-22
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2019-04-22
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2019-04-03
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed - Citation
|
|
| Docket Date |
2019-04-03
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
ORD-Moot ~ ORDERED that appellee’s February 19, 2019 motion to dismiss is denied as moot.
|
|
| Docket Date |
2019-02-19
|
| Type |
Motions Other
|
| Subtype |
Motion To Dismiss
|
| Description |
Motion To Dismiss
|
| On Behalf Of |
LINNETTE MILLER
|
|
| Docket Date |
2019-02-19
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix ~ TO MOTION TO DISMISS
|
| On Behalf Of |
LINNETTE MILLER
|
|
| Docket Date |
2019-02-14
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
LINNETTE MILLER
|
|
| Docket Date |
2019-02-11
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
ORD-Sua Sponte ~ ORDERED sua sponte that the appellant’s January 30, 2019 “Brief-Motion to Appeal” is treated as appellant’s amended initial brief. The amended initial brief is deemed filed as of the date of this order.
|
|
| Docket Date |
2019-01-22
|
| Type |
Order
|
| Subtype |
Show Cause re Compliance with Prior Order
|
| Description |
Order to Show Cause-Appeal Dismissal ~ Appellant filed the initial brief on December 3, 2018, which was stricken from the docket as it did not contain a certificate of service. On December 11, 2018, appellant filed a document entitled “motion to appeal,” and on December 27, 2018 this court ordered appellant to respond whether the December 11, 2018 filing should be treated as appellant’s amended initial brief. Appellant did not respond. It is therefore ORDERED that appellant 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 or other sanctions imposed for failure to comply with this court’s December 27, 2018 order requiring appellant to respond. If appellant files a certificate of service for the December 3, 2018 initial brief within this ten (10) day period, this order to show cause will be considered automatically discharged without further order.
|
|
| Docket Date |
2018-12-04
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
Stricken - No or Noncompliant Cert. of Service ~ ORDERED that appellant's December 3, 2018 brief is stricken as not in compliance with Florida Rule of Appellate Procedure 9.420 in that there is no certificate of service. All certificates of service shall contain the name and physical address of the person served. You are notified of the requirement to serve the appellee with a copy of everything you file with this court and to indicate in the certificate of service that you served the appellee.Appellant may re-file the document with a proper certificate of service which indicates service on the appellee within fifteen (15) days from the date of this order.
|
|
| Docket Date |
2018-12-03
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits ~ **STRICKEN**
|
| On Behalf Of |
HAROLD MILLER
|
|
| Docket Date |
2018-12-03
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Brief
|
| On Behalf Of |
HAROLD MILLER
|
|
| Docket Date |
2018-12-03
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
ORD-Sua Sponte ~ ORDERED sua sponte that the record on appeal filed on October 30, 2018 is stricken from the docket. The clerk of the lower tribunal shall file a new record on appeal, identical to the record filed in case number 4D18-2717, within ten (10) days from the date of this order. The appeal shall then proceed as to the “order on the former wife’s third motion for enforcement and contempt” found on pages 702-05 of the record.
|
|
| Docket Date |
2018-11-13
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Miscellaneous Order ~ ORDERED that appellant shall, within ten (10) days from the date of this order, comply with this court’s September 12, 2018 orders to file a conformed copy of the order being appealed and an amended notice of appeal. Failure to comply with this order will result in the dismissal of this appeal.
|
|
| Docket Date |
2018-10-30
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ **STRICKEN FROM THE DOCKET. SEE 12/03/2018 ORDER.** 52 PAGES
|
|
| Docket Date |
2018-10-18
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to File Response
|
| Description |
Grant EOT to file Response ~ ORDERED that appellant's October 17, 2018 motion for extension of time is granted, and the time for filing a response to this court’s October 4, 2018 order is extended ten (10) days from the date of this order.
|
|
| Docket Date |
2018-10-17
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to File Response
|
| Description |
Motion for Extension of Time to File Response
|
| On Behalf Of |
HAROLD MILLER
|
|
| Docket Date |
2018-10-04
|
| Type |
Order
|
| Subtype |
Show Cause re Compliance with Prior Order
|
| Description |
Order to Show Cause-Appeal Dismissal ~ ORDERED that appellant 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 or other sanctions imposed for failure to comply with this court's September 12, 2018 orders requiring a conformed copy of the order being appealed and an amended notice of appeal to be filed with this court. If the order and amended notice of appeal are filed within this ten (10) day period, this order to show cause will be considered automatically discharged without further order.
|
|
| Docket Date |
2018-10-04
|
| Type |
Misc. Events
|
| Subtype |
Determination of Indigency/LT Order Insolvency
|
| Description |
Determination of Indigent Status
|
|
| Docket Date |
2018-09-28
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
|
| Docket Date |
2018-09-12
|
| Type |
Order
|
| Subtype |
Amended/Additional Filing(s) Needed
|
| Description |
Appellant to File Order Appealed-Civil ~ ORDERED that appellant is directed to file, within fifteen (15) days from the date of this order, a conformed copy of the order being appealed. See Florida Rule of Appellate Procedure 9.110(d). This copy must contain a legible stamp from the clerk of the lower tribunal, showing the date and time the order being appealed was filed in that office.
|
|
| Docket Date |
2018-09-12
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2018-09-11
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
WV:Waived
|
|
| Docket Date |
2018-09-11
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed ~ INDIGENT PER 18-1119
|
| On Behalf Of |
HAROLD MILLER
|
|
|
|
HAROLD MILLER VS LINNETTE MILLER
|
4D2018-2638
|
2018-08-30
|
Closed
|
|
| Classification |
Original Proceedings - Circuit Family - Habeas Corpus
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
FMCE 15-005727
|
Parties
| Name |
HAROLD MILLER, INC.
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
LINNETTE MILLER
|
| Role |
Respondent
|
| Status |
Active
|
| Representations |
Rebekah Brown-Wiseman, Craig J. Trocino
|
|
| Name |
Hon. Dale C. Cohen
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Broward
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2018-09-24
|
| Type |
Disposition
|
| Subtype |
Denied
|
| Description |
Denied - Order by Judge
|
|
| Docket Date |
2018-09-24
|
| Type |
Disposition by Order
|
| Subtype |
Denied
|
| Description |
Order Denying Petition for Writ - Habeas ~ ORDERED that, having considered respondent former wife’s response and petitioner’s reply to this Court’s order to show cause, the petition for writ of habeas corpus is DENIED.GROSS, DAMOORGIAN and CIKLIN, JJ., concur.
|
|
| Docket Date |
2018-09-20
|
| Type |
Response
|
| Subtype |
Reply to Response
|
| Description |
Reply to Response
|
| On Behalf Of |
HAROLD MILLER
|
|
| Docket Date |
2018-09-17
|
| Type |
Record
|
| Subtype |
Appendix to Response
|
| Description |
Appendix to Response ~ (AMENDED)
|
| On Behalf Of |
LINNETTE MILLER
|
|
| Docket Date |
2018-09-14
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
Order Striking Appendix - Non-Compliance With R. 9.220 ~ ORDERED that the respondent's appendix to the response 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 was not bookmarked 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 |
2018-09-12
|
| Type |
Record
|
| Subtype |
Appendix to Response
|
| Description |
Appendix to Response ~ ***STRICKEN***
|
| On Behalf Of |
LINNETTE MILLER
|
|
| Docket Date |
2018-09-12
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
LINNETTE MILLER
|
|
| Docket Date |
2018-09-12
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response
|
| On Behalf Of |
LINNETTE MILLER
|
|
| Docket Date |
2018-09-05
|
| Type |
Order
|
| Subtype |
Show Cause re Petition
|
| Description |
ORD-Writs Show Cause with Reply ~ ORDERED that respondent shall file a response within seven (7) days and show cause why the petition should not be granted. Petitioner may file a reply within two (2) days of service of the response.
|
|
| Docket Date |
2018-09-04
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Habeas Corpus / Acknowledgment letter
|
|
| Docket Date |
2018-08-30
|
| Type |
Petition
|
| Subtype |
Petition Habeas Corpus
|
| Description |
Petition Habeas Corpus
|
| On Behalf Of |
HAROLD MILLER
|
|
| Docket Date |
2018-08-30
|
| Type |
Record
|
| Subtype |
Appendix to Petition
|
| Description |
Appendix to Petition
|
| On Behalf Of |
HAROLD MILLER
|
|
| Docket Date |
2018-08-30
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
NF4:No Fee-Habeas Corpus
|
|
|
