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United States Court Cases

Florida Fourth District Court Of Appeals

STAR CASUALTY INSURANCE COMPANY vs ALLIANCE SPINE & JOINT II LLC

Date Docketed Description Filed By Notes
08/02/2021 Notice of Appeal Filed Thomas Lee Hunker 0038325
08/03/2021 Acknowledgment Letter
08/03/2021 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.
08/03/2021 Case Filing Fee Paid Through Portal
08/24/2021 Received Records Clerk Broward CC01 413 PAGES
08/25/2021 Motion To File Supplemental Record Thomas Lee Hunker 0038325
08/25/2021 Supplemental Records Thomas Lee Hunker 0038325 ***MOTION GRANTED***
08/25/2021 ORD-Allowing Attachment to Record ORDERED that appellant's August 25, 2021 motion to supplement the record is granted, and the record is supplemented to include the transcript of the May 27, 2021 hearing. Said supplemental record is deemed filed as of the date of this order.
10/01/2021 Notice of Agreed Extension - Initial Brief Thomas Lee Hunker 0038325
10/01/2021 Recognizing Agreed Extension of Time 45 DAYS TO 11/22/2021
11/17/2021 Notice of Agreed Extension - Initial Brief Thomas Lee Hunker 0038325
11/17/2021 Recognizing Agreed Extension of Time 45 DAYS TO 1/6/22
12/01/2021 Notice of Appearance John C. Daly, Jr. 98363
12/27/2021 Mot. for Extension of time to file Initial Brief Thomas Lee Hunker 0038325
12/28/2021 ORD-Initial Brief to be Served ORDERED that appellant's December 27, 2021 motion for extension of time is granted in part. Appellant shall serve the initial brief within ten (10) days from the current due date. In addition, if the initial brief is not served within the time provided for in this order, the above-styled case will be subject to dismissal or the court in its discretion may impose other sanctions. Appellant is advised that no further extensions will be granted absent a detailed explanation for why the initial brief has not yet been filed and a showing of extraordinary circumstances where, if a further extension is not granted, irreparable and material harm will result to the litigant. Attorney workload does not constitute extraordinary circumstances which justifies a further extension of time.
01/10/2022 Motion To File Supplemental Record Thomas Lee Hunker 0038325
01/10/2022 Supplemental Records Thomas Lee Hunker 0038325 ***MOTION GRANTED 2/1/22**
01/10/2022 Initial Brief on Merits Thomas Lee Hunker 0038325
01/17/2022 Request for Oral Argument
01/17/2022 Motion For Attorney's Fees Thomas Lee Hunker 0038325
01/18/2022 Notice of Agreed Extension - Answer Brief John C. Daly, Jr. 98363
01/18/2022 Recognizing Agreed Extension of Time 60 DAYS TO 4/10/22
01/31/2022 Motion To Strike John C. Daly, Jr. 98363
02/01/2022 ORD-Allowing Attachment to Record ORDERED that appellant's January 10, 2022 motion to supplement the record is granted, and the record is supplemented to include the transcript of the March 31, 2021 hearing. Said supplemental record is deemed filed as of the date of this order.
02/07/2022 Deny Motion to Strike ORDERED that appellee's January 31, 2022 motion to strike is denied. Further, ORDERED that this court reserves jurisdiction to dispose of appellant's January 17, 2022 motion for attorney's fees.
04/06/2022 Notice of Agreed Extension - Answer Brief John C. Daly, Jr. 98363
04/06/2022 Recognizing Agreed Extension of Time 30 DAYS TO 05/10/2022
05/09/2022 Mot. for Extension of time to file Answer Brief John C. Daly, Jr. 98363
05/10/2022 Grant Stay ORDERED that appellee’s May 9, 2022 motion for extension of time is treated as a motion to stay and is granted. The above-styled appeal is stayed for fifteen (15) days from the date of this order.
05/25/2022 Notice of Voluntary Dismissal John C. Daly, Jr. 98363 ***STIPULATION***
05/26/2022 ORD-Grant Voluntary Dismissal (Joint) At the request of the parties, this case is dismissed.
05/26/2022 Dismissed - Order by Clerk
05/31/2022 ORD-Moot ORDERED that appellant's January 17, 2022 motion for attorney’s fees is determined to be moot.