Docket Date |
2021-10-13
|
Type |
Order
|
Subtype |
Order
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Description |
Miscellaneous Order ~ ORDERED that, upon consideration of the parties’ October 11, 2021 and October 12, 2021 responses, this appeal shall proceed. Appellant shall provide a status report as to the appointment of a personal representative within fifteen (15) days from the date of this order.
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Docket Date |
2021-10-12
|
Type |
Order
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Subtype |
Order Striking Filing
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Description |
Stricken - Non-Compliance With R. 9.045 ~ ORDERED that appellees’ October 12, 2021 reply is stricken as not in compliance with Florida Rule of Appellate Procedure 9.045, which became effective January 1, 2021, in that it is a computer-generated document which does not comply with the font requirements set forth in Rule 9.045(b). See Fla. R. App. P. 9.045(b) (“Computer-generated documents shall be filed in either Arial 14-point font or Bookman Old Style 14-point font.”). An amended document in compliance with Rule 9.045 shall be filed within two (2) days from the date of this order.
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Docket Date |
2021-10-12
|
Type |
Response
|
Subtype |
Reply
|
Description |
Reply ~ AMENDED
|
On Behalf Of |
Randolph Construction Group, Inc.
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Docket Date |
2021-10-11
|
Type |
Response
|
Subtype |
Response
|
Description |
Response
|
On Behalf Of |
Audrey B. Hunter
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|
Docket Date |
2021-10-11
|
Type |
Order
|
Subtype |
Order to File Response
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Description |
ORD-Appellee to File Response ~ ORDERED that appellees are directed to reply, within ten (10) days from the date of this order, to appellant’s October 11, 2021 response.
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Docket Date |
2021-10-01
|
Type |
Order
|
Subtype |
Order to File Response
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Description |
ORD-To File Response ~ Upon consideration of the September 27, 2021 suggestion of death, appellant’s counsel is ORDERED to file a response within ten (10) days from the date of this order indicating whether the estate/a personal representative will be substituted in for appellant, and whether this appeal should be stayed pending substitution. See Fla. R. App. P. 9.360(c)(3); Fla. R. Civ. P. 1.260(a)(1). Appellee may file a reply within ten (10) days of appellant's response.
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Docket Date |
2021-09-27
|
Type |
Notice
|
Subtype |
Notice
|
Description |
Notice ~ SUGGESTION OF DEATH
|
On Behalf Of |
Audrey B. Hunter
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|
Docket Date |
2021-06-17
|
Type |
Brief
|
Subtype |
Reply Brief
|
Description |
Appellant's Reply Brief
|
On Behalf Of |
Audrey B. Hunter
|
|
Docket Date |
2021-06-01
|
Type |
Notice
|
Subtype |
Notice of Agreed Extension of Time - Reply Brief
|
Description |
Notice of Agreed Extension - Reply Brief
|
On Behalf Of |
Audrey B. Hunter
|
|
Docket Date |
2021-06-01
|
Type |
Order
|
Subtype |
Order on Agreed Extension of Time
|
Description |
Recognizing Agreed Extension of Time ~ 15 DAYS TO 06/19/2021
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|
Docket Date |
2021-05-24
|
Type |
Order
|
Subtype |
Order on Motion to Consolidate
|
Description |
ORD-Granting Consolidation ~ Upon consideration of appellant's May 18, 2021 response, it is ORDERED that case numbers 4D21-612 and 4D20-2135 are now consolidated for the purpose of designation to the same appellate panel for review and are to proceed under the time schedule for a final appeal and according to the requirements of Florida Rule of Appellate Procedure 9.110.
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Docket Date |
2021-05-18
|
Type |
Response
|
Subtype |
Response
|
Description |
Response to Order to Show Cause
|
On Behalf Of |
Audrey B. Hunter
|
|
Docket Date |
2021-05-10
|
Type |
Order
|
Subtype |
Order to Show Cause
|
Description |
Order to Show Cause ~ Upon consideration of appellant’s May 6, 2021 notice of similar case pending, it is ORDERED that the parties are directed to respond, within ten (10) days from the date of this order, as to why case numbers 4D20-2135 and 4D21-0612 should not be consolidated for the purpose of designation to the same appellate panel for review.
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Docket Date |
2021-05-07
|
Type |
Brief
|
Subtype |
Answer Brief
|
Description |
Appellee's Answer Brief
|
On Behalf Of |
Randolph Construction Group, Inc.
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|
Docket Date |
2021-05-06
|
Type |
Notice
|
Subtype |
Notice of Related Case or Issue
|
Description |
Notice of Similar Case Pending
|
On Behalf Of |
Randolph Construction Group, Inc.
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|
Docket Date |
2021-05-06
|
Type |
Motions Relating to Attorney Fees/Costs
|
Subtype |
Motion For Attorney's Fees
|
Description |
Motion For Attorney's Fees ~ *AND* COSTS
|
On Behalf Of |
Audrey B. Hunter
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|
Docket Date |
2021-05-06
|
Type |
Motions Relating to Oral Argument
|
Subtype |
Motion/Request for Oral Argument
|
Description |
Request for Oral Argument
|
On Behalf Of |
Audrey B. Hunter
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|
Docket Date |
2021-04-07
|
Type |
Motions Extensions
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Subtype |
Motion for Extension of Time to Serve Answer Brief
|
Description |
Mot. for Extension of time to file Answer Brief
|
On Behalf Of |
Randolph Construction Group, Inc.
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|
Docket Date |
2021-04-07
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
Description |
Order Granting EOT for Answer Brief ~ ORDERED that appellees’ April 7, 2021 motion for extension of time is granted, and appellees shall serve the answer brief on or before May 7, 2021. In addition, appellees are notified that the failure to serve the brief within the time provided herein may foreclose appellees’ right to file a brief or otherwise participate in this appeal.
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Docket Date |
2021-03-09
|
Type |
Brief
|
Subtype |
Initial Brief
|
Description |
Initial Brief on Merits
|
On Behalf Of |
Audrey B. Hunter
|
|
Docket Date |
2021-02-11
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
Description |
Order Granting EOT for Initial Brief ~ ORDERED that appellant’s February 5, 2021 motion for extension of time is granted, and appellant shall serve the initial brief on or before March 9, 2021. 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.
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Docket Date |
2021-02-05
|
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 |
Audrey B. Hunter
|
|
Docket Date |
2020-12-02
|
Type |
Notice
|
Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
Description |
Notice of Agreed Extension - Initial Brief
|
On Behalf Of |
Audrey B. Hunter
|
|
Docket Date |
2020-12-02
|
Type |
Order
|
Subtype |
Order on Agreed Extension of Time
|
Description |
Recognizing Agreed Extension of Time ~ 60 DAYS TO 02/08/2021
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Docket Date |
2020-11-24
|
Type |
Record
|
Subtype |
Transcript
|
Description |
Transcript Received ~ 45 PAGES
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On Behalf Of |
Clerk - Indian River
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|
Docket Date |
2020-10-05
|
Type |
Misc. Events
|
Subtype |
Case Filing Fee Paid through Portal
|
Description |
Case Filing Fee Paid Through Portal
|
On Behalf Of |
Audrey B. Hunter
|
|
Docket Date |
2020-10-02
|
Type |
Letter
|
Subtype |
Acknowledgment Letter
|
Description |
Acknowledgment Letter
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Docket Date |
2021-10-29
|
Type |
Order
|
Subtype |
Order
|
Description |
Miscellaneous Order ~ ORDERED that appellant shall provide a supplemental status report as to the appointment of a personal representative within fifteen (15) days from the date of this order.
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Docket Date |
2021-10-28
|
Type |
Misc. Events
|
Subtype |
Status Report
|
Description |
Status Report ~ AS TO APPOINTMENT OF PERSONAL REPRESENTATIVE
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On Behalf Of |
Audrey B. Hunter
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|
Docket Date |
2021-11-11
|
Type |
Misc. Events
|
Subtype |
Status Report
|
Description |
Status Report
|
On Behalf Of |
Audrey B. Hunter
|
|
Docket Date |
2222-05-24
|
Type |
Misc. Events
|
Subtype |
Miscellaneous Docket Entry
|
Description |
Miscellaneous Entry/Document ~ **CASES 21-612 AND 20-2135 ARE CONSOLIDATED FOR PANEL PURPOSES. SEE 05/24/2021 ORDER.**
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Docket Date |
2022-03-11
|
Type |
Mandate
|
Subtype |
Mandate
|
Description |
Mandate
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|
Docket Date |
2022-03-11
|
Type |
Misc. Events
|
Subtype |
West Publishing
|
Description |
West Publishing
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|
Docket Date |
2022-02-17
|
Type |
Order
|
Subtype |
Order on Motion For Attorney's Fees
|
Description |
Deny Attorney's Fees ~ ORDERED that appellant’s May 6, 2021 motion for appellate attorney's fees and costs is denied.
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Docket Date |
2022-02-17
|
Type |
Disposition by Opinion
|
Subtype |
Affirmed
|
Description |
Affirmed - Per Curiam Affirmed
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Docket Date |
2021-12-22
|
Type |
Order
|
Subtype |
Order Changing Case Style
|
Description |
ORD-Case Style Change ~ ORDERED that appellant’s November 18, 2021 “agreed motion to substitute party appellant” is granted, and the caption in the above-referenced case is corrected to change the name of the appellant. All future filings shall reflect this change.
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Docket Date |
2021-11-19
|
Type |
Order
|
Subtype |
Order Dispensing with Oral Argument
|
Description |
ORD-Dispensing Oral Argument ~ After reviewing the briefs, the court, pursuant to Florida Rule of Appellate Procedure 9.320, has dispensed with oral argument. The case will be submitted to a conference by a panel of the court.
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Docket Date |
2021-11-18
|
Type |
Motions Relating to Parties and Counsel
|
Subtype |
Motion For Substitution of Parties
|
Description |
Motion For Substitution of Parties
|
On Behalf Of |
Audrey B. Hunter
|
|
Docket Date |
2020-10-02
|
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, or a circuit court clerk's determination of indigent status, did not accompany the Notice of Appeal as required in Florida Rules of Appellate Procedure 9.110(b) and 9.140(a). The filing fee is due and payable at the time of filing REGARDLESS OF WHETHER THE APPEAL IS LATER DISMISSED VOLUNTARILY OR ADVERSELY.ORDERED that appellant shall pay the $300.00 filing fee or file the circuit court 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 circuit court clerk's determination of indigent status is filed.
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Docket Date |
2020-10-01
|
Type |
Notice
|
Subtype |
Notice of Appeal
|
Description |
Notice of Appeal Filed
|
On Behalf Of |
Audrey B. Hunter
|
|
Docket Date |
2020-10-01
|
Type |
Misc. Events
|
Subtype |
Fee Status
|
Description |
FP:Fee Paid Through Portal
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