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United States Court Cases

Florida Fourth District Court Of Appeals

EDDIE'S PROPERTY INVESTMENT INC vs A CUT ABOVE LANDSCAPE AND MAINTENANCE INC

Date Docketed Description Filed By Notes
08/12/2021 Notice of Appeal Filed Cory S. Carano 0063853
08/12/2021 Acknowledgment Letter
08/12/2021 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.
08/23/2021 Case Filing Fee Paid Through Portal
09/22/2021 Received Records Clerk Palm Beach CC02 (287 PAGES)
10/20/2021 Notice of Appearance Scott James Edwards 0040958
10/20/2021 Motion To Relinquish Jurisdiction Scott James Edwards 0040958
10/20/2021 Appendix Scott James Edwards 0040958
10/29/2021 Response Brian D. Buckstein 0618934
11/05/2021 ORD-Deny Relinquishment of Jurisdiction Upon consideration of appellee’s October 29, 2021 response, it is ORDERED that appellant’s October 20, 2021 motion to relinquish jurisdiction is denied.
11/08/2021 Notice of Agreed Extension - Initial Brief Scott James Edwards 0040958
11/08/2021 Recognizing Agreed Extension of Time 10 DAYS TO 11/18/21.
11/18/2021 Mot. for Extension of time to file Initial Brief Scott James Edwards 0040958
11/18/2021 Response Brian D. Buckstein 0618934
11/22/2021 Order Denying EOT for Initial Brief ORDERED that appellant's November 18, 2021 motion for extension of time to file initial brief is denied. Appellant shall file the initial brief within ten (10) days from the date of this order. Failure to comply with this order will result in dismissal of this appeal for lack of prosecution without further notice.
11/24/2021 Motion To File Supplemental Record Scott James Edwards 0040958
11/24/2021 Motion For Review Scott James Edwards 0040958
11/24/2021 Appendix Scott James Edwards 0040958 TO MOTION FOR REVIEW
11/24/2021 Supplemental Records Scott James Edwards 0040958 (577 PAGES)
11/30/2021 Order Granting Motion to Supplement the Record ORDERED that appellant's November 24, 2021 motion to supplement the record is granted, and the proposed supplemental record is deemed filed.
12/02/2021 Response Brian D. Buckstein 0618934
12/02/2021 Appendix to Response Brian D. Buckstein 0618934
12/02/2021 Initial Brief on Merits Cory S. Carano 0063853 **SEE AMENDED INITIAL BRIEF FILED 2/3/22**
12/14/2021 Notice of Appearance Erik W. Scharf 0195774
12/17/2021 Motion To File Supplemental Record Erik W. Scharf 0195774
12/17/2021 Supplemental Records Erik W. Scharf 0195774
12/20/2021 Order Granting Motion to Supplement the Record ORDERED that appellee's December 17, 2021 motion to supplement the record is granted, and the proposed supplemental record is deemed filed. Further, Upon consideration of appellee’s December 2, 2021 response, it is ORDERED that appellant’s November 24, 2021 motion for review is denied.
12/22/2021 Request for Oral Argument
12/22/2021 Motion For Attorney's Fees Cory S. Carano 0063853 **RESPONSE FILED 1/6/22**
12/30/2021 Appellee's Answer Brief Erik W. Scharf 0195774
01/06/2022 Response Erik W. Scharf 0195774
01/06/2022 Motion For Attorney's Fees Erik W. Scharf 0195774
01/10/2022 Miscellaneous Motion Clerk Palm Beach CC02 TO CORRECT ROA
01/11/2022 Grant Miscellaneous Motion ORDERED that the Clerk's January 10, 2022 motion to correct the record is granted, and the corrected record shall be filed within five (5) days from the date of this order.
01/11/2022 Received Records Clerk Palm Beach CC02 (917 PAGES)
01/20/2022 Motion For Leave To File Amended Brief Erik W. Scharf 0195774
01/21/2022 Grant Motion Serve Amended Brief **AMENDED ORDER ISSUED** ORDERED that appellees' January 20, 2022 agreed motion to serve amended briefs is granted and the parties shall file an amended initial brief and an amended answer brief within five (5) days from the date of this order.
01/27/2022 ORD-Amended Order ORDERED that this court's January 21, 2022 order is amended as follows: ORDERED that appellees’ January 20, 2022 agreed motion to serve amended briefs is granted and an amended initial brief shall be filed within five (5) days from the date of this order and an amended answer brief within five (5) days of the date of filing of the amended initial brief.
02/03/2022 Amended Appellant's Initial Brief Scott James Edwards 0040958
02/04/2022 Amended Appellee's Answer Brief Erik W. Scharf 0195774
02/21/2022 Appellant's Reply Brief Scott James Edwards 0040958
03/11/2022 ORD-Dispensing Oral Argument After reviewing the briefs, the court, pursuant to Florida Rule of Appellate Procedure 9.320, has dispensed with oral argument. The case will be submitted to a conference by a panel of the court.
05/19/2022 Affirmed - Per Curiam Affirmed
05/19/2022 Deny Attorney's Fees ORDERED that appellant’s December 22, 2021 motion for appellate attorney's fees is denied.
05/19/2022 Order Granting Attorney Fees-Unconditionally ORDERED that appellee’s January 6, 2022 motion for appellate attorney's fees is granted. On remand, the trial court shall set 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 filing of the motion, including, but not limited to, preparation of a responsive pleading, shall be taken into account in computing the amount of the fee.
06/10/2022 Mandate
06/10/2022 West Publishing