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United States Court Cases

Florida Fourth District Court Of Appeals

STEFANO VERSACE et al vs URUVEN LLC et al

Date Docketed Description Filed By Notes
08/05/2021 Notice of Appeal Filed Alejandro Brito 98442
08/05/2021 Acknowledgment Letter
08/05/2021 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.
08/10/2021 Case Filing Fee Paid Through Portal
08/10/2021 ORD-Non-Final Appeal Treated as Final ORDERED sua sponte that the court determines that this appeal seeks review of a final order, rather than a non-final order. Appellants may file directions to the clerk under Florida Rule of Appellate Procedure 9.200(a)(3) within ten (10) days from the date of this order, and appellee may file directions for additional documents and exhibits within ten (10) days after the appellant’s filing of directions to the clerk. The times for preparing the record on appeal, serving the index to the record on appeal, and for service of briefs are extended correspondingly.
09/20/2021 Received Records Clerk Palm Beach CC02 3002 PAGES
10/12/2021 Notice of Agreed Extension - Initial Brief Cecilia Hernandez 1025435 **STRICKEN**
10/13/2021 Stricken - Non-Compliance With R. 9.045 ORDERED that appellants' October 12, 2021 notice of agreed extension 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) and as not in compliance with Florida Rule of Appellate Procedure 9.420(d) in that the certificate of service does not comply in substance with the requirements of Florida Rule of General Practice and Judicial Administration 2.516(f). 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 Rules 9.045 and 2.516(f) shall be filed within two (2) days from the date of this order.
10/13/2021 Notice of Agreed Extension - Initial Brief Cecilia Hernandez 1025435
10/13/2021 Recognizing Agreed Extension of Time 15 DAYS TO 10/29/2021
10/29/2021 Initial Brief on Merits Alejandro Brito 98442 **STRICKEN**
10/29/2021 Appendix to Brief Alejandro Brito 98442 **STRICKEN**
11/01/2021 ORD-Stricken ORDERED that appellants' 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 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. Further, ORDERED that appellants' appendix to the initial brief 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.
11/01/2021 Appendix to Brief Alejandro Brito 98442 **STRICKEN** AMENDED
11/01/2021 Amended Appellant's Initial Brief Alejandro Brito 98442 **STRICKEN FROM DOCKET. SEE 04/22/2022 ORDER.**
11/02/2021 Order Striking Appendix - Non-Compliance With R. 9.220 ORDERED that appellants' amended appendix to the amended initial brief 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 completely text searchable. An amended appendix in compliance with Rule 9.220(c) shall be filed within two (2) days from the date of this order.
11/02/2021 Appendix to Brief Alejandro Brito 98442 SECOND AMENDED
04/07/2022 Order Directing Party to File Supplemental ROA The appellants are ordered to supplement the record, within ten (10) days of this order, with a transcript of the hearing held on or about July 1, 2021, on Defendant’s Verified Claim of Exemption and Motion to Dissolve Writ of Garnishment, Third Party Bruno Versace’s Motion to Determine Claim on Garnished Bank Account, and Third Party Roberto Re’s Motion to Determine Claim on Garnished Bank Account. Failure to supplement the record with the transcript of the hearing may result in affirmance. See Applegate v. Barnett Bank of Tallahassee, 377 So. 2d 1150 (Fla. 1979).
04/13/2022 Response Cecilia Hernandez 1025435 TO COURT'S ORDER DATED APRIL 7, 2021
04/13/2022 Motion To Strike Alec P. Hayes 1015314 AMENDED INITIAL BRIEF
04/19/2022 ORD-Appellant to File Response ORDERED that appellants shall file a response to appellees' April 13, 2022 motion to strike by no later than April 20, 2022. Appellants shall specifically address whether they served the amended initial brief and second amended appendix on appellees' counsel via e-mail or through the Florida Courts E-Filing Portal, and provide a copy of the service e-mail or the Portal's notice of electronic filing.
04/20/2022 Response Alejandro Brito 98442 IN OPPOSITION TO APPELLEE'S MOTION TO STRIKE APPELLANTS' AMENDED INITIAL BRIEF
04/22/2022 Grant Motion to Strike ORDERED that, upon consideration of the appellants’ April 20, 2022 response, appellee’s April 13, 2022 motion to strike is granted, and the appellants’ November 1, 2021 amended initial brief is stricken from the docket. Appellants incorrectly presumed that appellee’s counsel should have received automatic service of the amended initial brief. The Statewide Portal’s Notice of Service of Court Documents clearly indicates that appellee’s counsel was not served with the amended initial brief. Appellants shall cause appellee’s counsel to be added to the service list, refile the amended initial brief and second amended appendix with service on appellee's counsel, and file a notice of compliance with this court within five (5) days from the date of this order. If appellants need assistance with adding parties to the Portal service list, they shall contact the Statewide Portal's help desk. Further, ORDERED that the answer brief shall be due as set forth in Florida Rule of Appellate Procedure 9.210(g).
04/25/2022 Amended Appellant's Initial Brief Alejandro Brito 98442
04/25/2022 Appendix to Brief Alejandro Brito 98442
04/25/2022 Notice OF COMPLIANCE WITH COURT'S ORDER DATED APRIL 22, 2021
05/17/2022 Notice of Agreed Extension - Answer Brief Alec P. Hayes 1015314 **STRICKEN**
05/17/2022 Stricken - Non-Compliance With R. 9.045 ORDERED that appellee's May 17, 2022 agreed notice of extension of time 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.
05/17/2022 Notice of Agreed Extension - Answer Brief Alec P. Hayes 1015314
05/17/2022 Recognizing Agreed Extension of Time 15 DAYS TO 06/09/2022
06/09/2022 Appellee's Answer Brief Alec P. Hayes 1015314 **STRICKEN**
06/09/2022 Appendix to Brief Alec P. Hayes 1015314 **STRICKEN**
06/10/2022 ORD-Stricken ORDERED that appellee Uruven, LLC's June 9, 2022 answer brief and appendix to the answer brief are stricken as not in compliance with Florida Rule of Appellate Procedure 9.045, which became effective January 1, 2021, in that they are computer-generated documents which do 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.”). Further, ORDERED that appellee Uruven, LLC's June 9, 2022 appendix to the answer brief 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 contains no bookmarks as required by Rule 9.220(c)(3). Amended documents in compliance with the Rules shall be filed within two (2) days from the date of this order.
06/10/2022 Appellee's Answer Brief Alec P. Hayes 1015314
06/10/2022 Appendix to Brief Alec P. Hayes 1015314 AMENDED
07/08/2022 Appellant's Reply Brief Alejandro Brito 98442