Docket Date |
2021-02-12
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Type |
Misc. Events
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Subtype |
West Publishing
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Description |
West Publishing
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|
Docket Date |
2021-02-12
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Type |
Mandate
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Subtype |
Mandate
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Description |
Mandate
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Docket Date |
2021-01-27
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Type |
Disposition by Opinion
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Subtype |
Affirmed in Part/Reversed in Part
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Description |
Affirmed in Part/Reversed in Part - Authored Opinion
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Docket Date |
2020-09-29
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Type |
Notice
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Subtype |
Notice
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Description |
Notice ~ OF CHANGE OF E-MAIL ADDRESS.
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On Behalf Of |
KENNETH BAILEY
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Docket Date |
2020-06-24
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Type |
Brief
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Subtype |
Reply Brief
|
Description |
Appellant's Reply Brief
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On Behalf Of |
LENA BAILEY
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Docket Date |
2020-06-11
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Type |
Brief
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Subtype |
Answer Brief
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Description |
Appellee's Answer Brief ~ BAILEY'S BOTANICAL ART, INC. D/B/A THESTALK MARKET'S ANSWER
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On Behalf Of |
KENNETH BAILEY
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Docket Date |
2020-05-13
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Type |
Order
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Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
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Description |
Order Granting EOT for Answer Brief ~ ORDERED that appellee's Carolyn Bailey’s May 12, 2020 amended motion for extension of time is granted, and appellee shall serve the answer brief within thirty (30) days from the current due date. In addition, appellee is notified that the failure to serve the brief within the time provided herein may foreclose appellee's right to file a brief or otherwise participate in this appeal.
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Docket Date |
2020-05-12
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Type |
Motions Extensions
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Subtype |
Motion for Extension of Time to Serve Answer Brief
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Description |
Mot. for Extension of time to file Answer Brief ~ AMENDED. CAROLYN BAILEY
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On Behalf Of |
KENNETH BAILEY
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|
Docket Date |
2020-05-12
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Type |
Order
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Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
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Description |
Order Granting EOT for Answer Brief ~ ORDERED that appellee Bailey’s Botanical Art, Inc., d/b/a The Stalk Market’s May 12, 2020 motion for extension of time is granted, and appellee shall serve the answer brief within thirty (30) days from the date of this order. In addition, appellee is notified that the failure to serve the brief within the time provided herein may foreclose appellee's right to file a brief or otherwise participate in this appeal.
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Docket Date |
2020-05-11
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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 ~ AMENDED MOTION FILED. CAROLYN BAILEY
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On Behalf Of |
KENNETH BAILEY
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|
Docket Date |
2020-05-08
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Type |
Order
|
Subtype |
Order on Motion for Extension of Time
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Description |
Grant Extension of Time ~ ORDERED that appellant's May 1, 2020 motion to relinquish jurisdiction is granted. Jurisdiction is relinquished to the trial court up to and including May 4, 2020. The court notes that the trial court entered the "order dismissing Lena Bailey's counterclaim, cross claim and request for temporary restraining order and/or preliminary injunction" on May 4, 2020. This case shall proceed in this court.
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Docket Date |
2020-05-04
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Type |
Notice
|
Subtype |
Notice of Filing
|
Description |
Notice of Filing ~ CIRCUIT COURT ORDER.
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On Behalf Of |
LENA BAILEY
|
|
Docket Date |
2020-05-01
|
Type |
Motions Extensions
|
Subtype |
Motion for Extension of Time
|
Description |
Motion for Extension of Time
|
On Behalf Of |
LENA BAILEY
|
|
Docket Date |
2020-04-02
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time
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Description |
ORD-Granting EOT for Relinquishment of Juris. ~ ORDERED that appellant's April 1, 2020 motion to extend relinquishment is granted in part. Relinquishment of jurisdiction to the trial court is continued for thirty (30) days, without prejudice to seeking an additional extension if necessary.The appellant shall forward to this court a copy of any order issued during relinquishment. It is further ordered that the appellant shall monitor this proceeding in the trial court. If further time is needed beyond this relinquishment period, it shall be the duty of appellant to request an extension of time by proper motion to this court. This case shall proceed in this court upon expiration of relinquishment unless otherwise notified in writing by the parties.
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Docket Date |
2020-04-01
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Type |
Motions Extensions
|
Subtype |
Motion for Extension of Time
|
Description |
Motion for Extension of Time
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On Behalf Of |
LENA BAILEY
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Docket Date |
2020-03-02
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Type |
Order
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Subtype |
Order on Motion To Dismiss
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Description |
ORD-Denying Aplee's Motion to Dismiss ~ Upon consideration of appellant’s February 24, 2020 response, it is ORDERED that appellee, Carolyn Bailey’s, February 13, 2020 and appellee, Bailey’s Botanical Art, Inc.’s, February 14, 2020 motions to dismiss for lack of jurisdiction are denied. Further, ORDERED that jurisdiction is relinquished to the trial court for thirty (30) days to enter an order dismissing appellant’s “counterclaim, cross-claim, and request for temporary restraining order and/or preliminary injunction” pursuant to the May 10, 2019 “order [granting] wife’s motion to dismiss third party respondent, Lena Bailey’s counterclaim, cross-claim, and request for temporary restraining order and/or preliminary injunction.” Dobrick v. Discovery Cruises, Inc., 581 So. 2d 645 (Fla. 4th DCA 1991); see also Paulino v. BJ’s Wholesale Club, Inc., 106 So. 3d 985, 987 (Fla. 4th DCA 2013) ("On the other hand, it is well–established that an order which merely grants a motion to dismiss, as contrasted with an order dismissing a complaint or an action, is not a final order."). Appellant shall forward to this court a copy of any order issued during relinquishment. It is further ordered that appellant shall monitor this proceeding in the trial court. If further time is needed beyond this relinquishment period, it shall be the duty of appellant to request an extension of time by proper motion to this court. This case is stayed pending relinquishment. Once the final order dismissing of appellant’s underlying claims has been entered, the above-styled appeal shall proceed as to both the dismissal order and the “order on Lena Bailey’s motion to interplead and/or intervene” entered October 7, 2019.
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Docket Date |
2020-02-24
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Type |
Response
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Subtype |
Response
|
Description |
Response
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On Behalf Of |
LENA BAILEY
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Docket Date |
2020-02-14
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Type |
Motions Other
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Subtype |
Motion To Dismiss
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Description |
Motion To Dismiss ~ BAILEY'S BOTANICAL ART, INC.
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On Behalf Of |
KENNETH BAILEY
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Docket Date |
2020-02-14
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Type |
Record
|
Subtype |
Appendix
|
Description |
Appendix ~ TO MOTION TO DISMISS.
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On Behalf Of |
KENNETH BAILEY
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|
Docket Date |
2020-02-13
|
Type |
Motions Other
|
Subtype |
Motion To Dismiss
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Description |
Motion To Dismiss ~ CAROLYN BAILEY'S
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On Behalf Of |
KENNETH BAILEY
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Docket Date |
2020-01-16
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Type |
Brief
|
Subtype |
Initial Brief
|
Description |
Initial Brief on Merits
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On Behalf Of |
LENA BAILEY
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Docket Date |
2020-01-02
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Type |
Record
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Subtype |
Record on Appeal
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Description |
Received Records ~ (296 PAGES)
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On Behalf Of |
Clerk - Palm Beach
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Docket Date |
2019-12-19
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Type |
Notice
|
Subtype |
Notice of Appearance
|
Description |
Notice of Appearance
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On Behalf Of |
KENNETH BAILEY
|
|
Docket Date |
2019-11-14
|
Type |
Misc. Events
|
Subtype |
Case Filing Fee Paid through Portal
|
Description |
Case Filing Fee Paid Through Portal
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On Behalf Of |
LENA BAILEY
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Docket Date |
2019-11-08
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Type |
Order
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Subtype |
Order on Filing Fee
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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 |
2019-11-08
|
Type |
Letter
|
Subtype |
Acknowledgment Letter
|
Description |
Acknowledgment Letter
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|
Docket Date |
2019-11-07
|
Type |
Notice
|
Subtype |
Notice of Appeal
|
Description |
Notice of Appeal Filed
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On Behalf Of |
LENA BAILEY
|
|
Docket Date |
2019-11-07
|
Type |
Misc. Events
|
Subtype |
Fee Status
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Description |
FP:Fee Paid Through Portal
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