Docket Date |
2020-03-24
|
Type |
Notice
|
Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
Description |
Notice of Agreed Extension - Initial Brief
|
On Behalf Of |
F.H. PASCHEN, S.N. NIELSEN & ASSOCIATES, LLC
|
|
Docket Date |
2020-03-13
|
Type |
Motions Relating to Attorney Fees/Costs
|
Subtype |
Motion For Attorney's Fees
|
Description |
Motion For Attorney's Fees ~ (RESPONSE FILED 03/30/2020)
|
On Behalf Of |
B & B SITE DEVELOPMENT, INC.
|
|
Docket Date |
2021-02-19
|
Type |
Mandate
|
Subtype |
Mandate
|
Description |
Mandate
|
|
Docket Date |
2021-02-19
|
Type |
Misc. Events
|
Subtype |
West Publishing
|
Description |
West Publishing
|
|
Docket Date |
2020-04-23
|
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 |
F.H. PASCHEN, S.N. NIELSEN & ASSOCIATES, LLC
|
|
Docket Date |
2020-03-30
|
Type |
Response
|
Subtype |
Response
|
Description |
Response
|
On Behalf Of |
F.H. PASCHEN, S.N. NIELSEN & ASSOCIATES, LLC
|
|
Docket Date |
2020-03-24
|
Type |
Order
|
Subtype |
Order on Agreed Extension of Time
|
Description |
Recognizing Agreed Extension of Time ~ 30 DAYS TO 04/24/2020
|
|
Docket Date |
2020-02-24
|
Type |
Order
|
Subtype |
Order on Agreed Extension of Time
|
Description |
Recognizing Agreed Extension of Time ~ 30 DAYS TO 3/25/20
|
|
Docket Date |
2021-02-03
|
Type |
Order
|
Subtype |
Order on Motion For Attorney's Fees
|
Description |
Order Granting Attorney Fees-Offer Judg. ~ ORDERED that appellant’s June 3, 2020 motion for appellate attorneys’ fees is granted conditioned on the trial court determining that appellant is entitled to fees under section 768.79, Florida Statutes (2019) and, if so, setting the amount of the attorney's fees to be awarded for this appellate case. If a motion for rehearing is filed in this court, then services rendered in connection with the motion, including, but not limited to, preparation of a responsive pleading, shall be taken into account in computing the amount of the fee. Further,ORDERED that the motion for costs filed by Barbara E. Fox is denied without prejudice to seek costs in the trial court.
|
|
Docket Date |
2021-02-03
|
Type |
Disposition by Opinion
|
Subtype |
Affirmed in Part/Reversed in Part
|
Description |
Affirmed in Part/Reversed in Part - Authored Opinion
|
|
Docket Date |
2021-01-12
|
Type |
Misc. Events
|
Subtype |
Oral Argument Date Set
|
Description |
Oral Argument Date Set ~ 4DCA
|
|
Docket Date |
2020-12-14
|
Type |
Notice
|
Subtype |
Notice
|
Description |
Notice ~ OF ORAL ARGUMENT DESIGNATION
|
On Behalf Of |
F.H. PASCHEN, S.N. NIELSEN & ASSOCIATES, LLC
|
|
Docket Date |
2020-12-14
|
Type |
Order
|
Subtype |
Order Re: Video Oral Argument
|
Description |
Order Re: Video Oral Argument ~ Pursuant to Florida Supreme Court Administrative Order AOSC20-109, Comprehensive COVID-19 Emergency Measures for Florida Appellate Courts, which requires that oral argument and other proceedings be conducted remotely during this phase of the pandemic, the in-person oral arguments now scheduled at the Court on January 12, 2021 are cancelled. The court will instead conduct oral argument through Zoom video conference on that date. The week before oral argument the Clerk of the Court will provide connection instructions. Should both parties file a stipulation by noon on Monday, December 21, 2020 that they waive oral argument, the court will then decide the case based upon the briefs. If the parties do not stipulate to waive oral argument, then they shall file a notice by noon on Monday, December 21, 2020 which: (1) identifies the attorneys who will be arguing the case; and (2) provides the direct contact information for those attorneys.
|
|
Docket Date |
2020-10-08
|
Type |
Order
|
Subtype |
Order on Motion/Request for Oral Argument
|
Description |
ORD-Setting Oral Argument ~ This case is set for Oral Argument on January 12, 2021, at 10:00 A.M. for 15 minutes per side. If a side anticipates more than two attorneys sitting at counsel table during oral argument, it shall contact the Marshal’s Office by phone at least two business days before the oral argument session. The court calendars can be viewed on this court's website at HYPERLINK "http://www.4dca.org" www.4dca.org. Given the evolving situation surrounding the COVID-19 virus, the court may reschedule this oral argument or conduct oral argument by remote means.Attorneys not registered with this court’s eDCA and pro se parties are required to file a "Notice of Receipt of Oral Argument" within ten (10) days from the date of this order, acknowledging they have received this order.
|
|
Docket Date |
2020-09-18
|
Type |
Brief
|
Subtype |
Reply Brief
|
Description |
Appellant's Reply Brief
|
On Behalf Of |
F.H. PASCHEN, S.N. NIELSEN & ASSOCIATES, LLC
|
|
Docket Date |
2020-09-03
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time to Serve Reply Brief
|
Description |
Order Granting EOT for Appellant's Reply Brief ~ ORDERED that appellant’s September 3, 2020 motion for extension of time is granted in part, and appellant shall serve the reply brief within fifteen (15) days from the date of this order. In addition, if the reply brief is served after the time provided for in this order, it may be stricken.
|
|
Docket Date |
2020-09-03
|
Type |
Motions Extensions
|
Subtype |
Motion for Extension of Time to Serve Reply Brief
|
Description |
Mot. for Extension of Time to File Reply Brief
|
On Behalf Of |
F.H. PASCHEN, S.N. NIELSEN & ASSOCIATES, LLC
|
|
Docket Date |
2020-08-03
|
Type |
Brief
|
Subtype |
Answer Brief
|
Description |
Appellee's Answer Brief
|
On Behalf Of |
B & B SITE DEVELOPMENT, INC.
|
|
Docket Date |
2020-07-09
|
Type |
Brief
|
Subtype |
Amended Initial Brief
|
Description |
Amended Appellant's Initial Brief
|
On Behalf Of |
F.H. PASCHEN, S.N. NIELSEN & ASSOCIATES, LLC
|
|
Docket Date |
2020-07-09
|
Type |
Order
|
Subtype |
Order on Motion to Withdraw Filing
|
Description |
ORD-To Withdraw Pleadings ~ ORDERED that appellee’s July 9, 2020 motion to withdraw the motion to strike is granted, and the June 22, 2020 motion to strike is considered withdrawn. Further, ORDERED that appellant’s July 7, 2020 motion to serve an amended initial brief is granted. Said amended initial brief is deemed filed as of the date of this order.
|
|
Docket Date |
2020-07-09
|
Type |
Motions Other
|
Subtype |
Motion to Withdraw Filing
|
Description |
Motion To Withdraw Pleadings
|
On Behalf Of |
B & B SITE DEVELOPMENT, INC.
|
|
Docket Date |
2020-07-07
|
Type |
Motions Relating to Briefs
|
Subtype |
Motion to Amend Brief
|
Description |
Motion For Leave To File Amended Brief
|
On Behalf Of |
F.H. PASCHEN, S.N. NIELSEN & ASSOCIATES, LLC
|
|
Docket Date |
2020-07-07
|
Type |
Response
|
Subtype |
Response
|
Description |
Response
|
On Behalf Of |
F.H. PASCHEN, S.N. NIELSEN & ASSOCIATES, LLC
|
|
Docket Date |
2020-07-01
|
Type |
Notice
|
Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
Description |
Notice of Agreed Extension - Answer Brief
|
On Behalf Of |
B & B SITE DEVELOPMENT, INC.
|
|
Docket Date |
2020-07-01
|
Type |
Order
|
Subtype |
Order on Agreed Extension of Time
|
Description |
Recognizing Agreed Extension of Time ~ 30 DAYS TO 08/05/2020
|
|
Docket Date |
2020-06-22
|
Type |
Motions Other
|
Subtype |
Motion To Strike
|
Description |
Motion To Strike ~ **WITHDRAWN**
|
On Behalf Of |
B & B SITE DEVELOPMENT, INC.
|
|
Docket Date |
2020-06-11
|
Type |
Response
|
Subtype |
Response
|
Description |
Response ~ IN OPPOSITION TO APPELLANT'S MOTION FOR ATTORNEY'S FEES
|
On Behalf Of |
B & B SITE DEVELOPMENT, INC.
|
|
Docket Date |
2020-06-03
|
Type |
Brief
|
Subtype |
Initial Brief
|
Description |
Initial Brief on Merits
|
On Behalf Of |
F.H. PASCHEN, S.N. NIELSEN & ASSOCIATES, LLC
|
|
Docket Date |
2020-06-03
|
Type |
Motions Relating to Attorney Fees/Costs
|
Subtype |
Motion For Attorney's Fees
|
Description |
Motion For Attorney's Fees ~ **RESPONSE FILED 06/11/2020** AND COSTS
|
On Behalf Of |
F.H. PASCHEN, S.N. NIELSEN & ASSOCIATES, LLC
|
|
Docket Date |
2020-06-03
|
Type |
Motions Relating to Oral Argument
|
Subtype |
Motion/Request for Oral Argument
|
Description |
Request for Oral Argument
|
On Behalf Of |
F.H. PASCHEN, S.N. NIELSEN & ASSOCIATES, LLC
|
|
Docket Date |
2020-05-26
|
Type |
Order
|
Subtype |
Order on Motion to Supplement Record
|
Description |
Deny Motion to Supplement Record ~ Upon consideration of appellee’s May 18, 2020 response in opposition, it is ORDERED that appellant’s May 13, 2020 motion to supplement record on appeal is denied, and the proposed supplemental record is stricken from the docket.
|
|
Docket Date |
2020-05-18
|
Type |
Response
|
Subtype |
Objection
|
Description |
Objection
|
On Behalf Of |
B & B SITE DEVELOPMENT, INC.
|
|
Docket Date |
2020-05-13
|
Type |
Record
|
Subtype |
Supplemental Record
|
Description |
Supplemental Records ~ **STRICKEN FROM DOCKET**
|
On Behalf Of |
F.H. PASCHEN, S.N. NIELSEN & ASSOCIATES, LLC
|
|
Docket Date |
2020-05-13
|
Type |
Motions Relating to Records
|
Subtype |
Motion to Supplement Record
|
Description |
Motion To File Supplemental Record
|
On Behalf Of |
F.H. PASCHEN, S.N. NIELSEN & ASSOCIATES, LLC
|
|
Docket Date |
2020-05-04
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
Description |
Order Granting EOT for Initial Brief ~ Upon consideration of appellee’s May 1, 2020 response in opposition, it is ORDERED that appellant’s April 23, 2020 motion for extension of time is granted, and appellant shall serve the initial brief within thirty (30) days from the date of this order. 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 |
2020-05-01
|
Type |
Response
|
Subtype |
Response
|
Description |
Response ~ IN OPPOSITION TO APPELLANT'S MOTION FOR EXTENSION OF TIME
|
On Behalf Of |
B & B SITE DEVELOPMENT, INC.
|
|
Docket Date |
2020-02-24
|
Type |
Notice
|
Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
Description |
Notice of Agreed Extension - Initial Brief
|
On Behalf Of |
F.H. PASCHEN, S.N. NIELSEN & ASSOCIATES, LLC
|
|
Docket Date |
2020-01-09
|
Type |
Record
|
Subtype |
Record on Appeal
|
Description |
Received Records ~ 2,370 PAGES
|
On Behalf Of |
Clerk - Okeechobee
|
|
Docket Date |
2020-01-06
|
Type |
Misc. Events
|
Subtype |
Miscellaneous Trial Court Document
|
Description |
Misc. LT pleadings
|
On Behalf Of |
Clerk - Okeechobee
|
|
Docket Date |
2019-12-19
|
Type |
Misc. Events
|
Subtype |
Case Filing Fee Paid through Portal
|
Description |
Case Filing Fee Paid Through Portal
|
On Behalf Of |
F.H. PASCHEN, S.N. NIELSEN & ASSOCIATES, LLC
|
|
Docket Date |
2019-12-18
|
Type |
Letter
|
Subtype |
Acknowledgment Letter
|
Description |
Acknowledgment Letter
|
|
Docket Date |
2019-12-18
|
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.
|
|
Docket Date |
2019-12-17
|
Type |
Misc. Events
|
Subtype |
Fee Status
|
Description |
FP:Fee Paid Through Portal
|
|
Docket Date |
2019-12-17
|
Type |
Notice
|
Subtype |
Notice of Appeal
|
Description |
Notice of Appeal Filed
|
On Behalf Of |
F.H. PASCHEN, S.N. NIELSEN & ASSOCIATES, LLC
|
|