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United States Court Cases

Florida Fourth District Court Of Appeals

XAVIER WASHINGTON vs AIDA WASHINGTON

Date Docketed Description Filed By Notes
08/05/2021 Notice of Appeal Filed John Elias 0650341
08/06/2021 Acknowledgment Letter
08/06/2021 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, 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.
08/06/2021 Acknowledgment Letter **AMENDED**
08/06/2021 ORD-Pay Filing Fee-Civil Appeal **AMENDED**
08/12/2021 Case Filing Fee Paid Through Portal
08/16/2021 Aplnt to file underlying order being appealed The Notice of Appeal seeks an appeal of the order denying a motion for rehearing. An order denying a motion for rehearing is not independently appealable. Within ten (10) days from the date of this order, appellant shall submit a conformed copy of the underlying order which is the subject of the motion for rehearing for the purpose of determining whether the filing of the motion for rehearing tolled the jurisdictional time limit of the filing of the Notice of Appeal of the underlying order from which appellant seeks review.
08/17/2021 Notice John Elias 0650341 OF COMPLIANCE WITH ORDER DATED AUGUST 16, 2021
09/01/2021 Motion To Consolidate John Elias 0650341
09/03/2021 ORD-Granting Consolidation ORDERED that the September 1, 2021 motion to consolidate is granted, and the above–styled case numbers are now consolidated for all purposes 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, and shall proceed under case number 4D20-0811.
09/10/2021 Affidavit OF NON-PAYMENT OF APPEAL INVOICE
09/22/2021 Order for Status Report Re: ROA Upon consideration of the affidavit of non-payment of appeal invoice filed by the clerk of the lower tribunal on September 10, 2021, appellant is ordered to file a report, within seven (7) days from the date of this order, as to the status of the payment for and preparation of the record on appeal.
09/22/2021 Status Report John Elias 0650341
09/27/2021 Received Records Clerk Broward CC01 520 PAGES (PAGES 1-492)
10/26/2021 Show Cause Lack of Prosecution, Initial Brief 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.
11/02/2021 Mot. for Extension of time to file Initial Brief John Elias 0650341 AND RESPONSE TO SHOW CAUSE ORDER
11/02/2021 Order Granting EOT for Initial Brief Upon consideration of appellant’s November 2, 2021 response, this court’s October 26, 2021 order to show cause is discharged. Further, ORDERED that the motion for extension of time, contained in the response, is granted, and appellant shall serve the initial brief on or before December 15, 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.
12/15/2021 Motion To File Supplemental Record John Elias 0650341
12/15/2021 Notice of Filing John Elias 0650341 MARCH 7, 2019 TRIAL TRANSCRIPT
12/15/2021 ORD-deny motion to supplement per 9.300(a) ORDERED that appellant's December 15, 2021 motion to supplement the record is denied without prejudice for failure to comply with Florida Rule of Appellate Procedure 9.300(a). See also this court's Notice to Attorneys and to Parties Representing Themselves, Paragraph 1.
12/16/2021 Initial Brief on Merits John Elias 0650341 **STRICKEN**
12/16/2021 ORD-Stricken ORDERED that appellant's initial brief is stricken as not in compliance with Florida Rule of Appellate Procedure 9.210 in that the arguments for review are not written out or page numbered in the Table of Contents. An amended brief in compliance with the rules shall be filed within ten (10) days from the date of this order. The time for any responsive briefing shall be tolled until service of this amended brief.
12/22/2021 Supplemental Records John Elias 0650341 MARCH 7, 2019 TRIAL TRANSCRIPT
12/22/2021 Motion To File Supplemental Record John Elias 0650341 AMENDED
12/22/2021 Amended Appellant's Initial Brief John Elias 0650341
12/22/2021 ORD-Allowing Attachment to Record ORDERED that appellant’s December 22, 2021 amended motion to supplement the record is granted, and the record is supplemented to include the March 7, 2019 trial transcript. Said supplemental record is deemed filed as of the date of this order.
01/12/2022 Notice of Appearance M. Shannon Mclin 0988367
01/14/2022 Notice of Agreed Extension - Answer Brief M. Shannon Mclin 0988367
03/04/2022 Notice of Agreed Extension - Answer Brief M. Shannon Mclin 0988367
03/28/2022 Appellee's Answer Brief M. Shannon Mclin 0988367
04/27/2022 Appellant's Reply Brief John Elias 0650341
06/09/2022 Affirmed - Per Curiam Affirmed
07/01/2022 Mandate
07/01/2022 West Publishing