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United States Court Cases

Florida Fourth District Court Of Appeals

LUMENES PIERRE vs AMERICAN SECURITY INSURANCE COMPANY

Date Docketed Description Filed By Notes
07/13/2021 Notice of Appeal Filed Jonathan Korin 0093914
07/14/2021 Acknowledgment Letter
07/14/2021 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.
07/27/2021 Case Filing Fee Paid Through Portal
09/08/2021 Affidavit OF NON-PAYMENT OF APPEAL INVOICE
09/20/2021 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 8, 2021, appellant is ordered to file a report, within ten (10) days from the date of this order, as to the status of the payment for and preparation of the record on appeal.
09/30/2021 Status Report Jonathan Korin 0093914 **STRICKEN**
09/30/2021 Mot. for Extension of time to file Initial Brief Jonathan Korin 0093914 **STRICKEN**
10/01/2021 Stricken - Non-Compliance With R. 9.045 ORDERED that appellant's September 30, 2021 status report and motion for extension of time 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.”). An amended document in compliance with Rule 9.045 shall be filed within two (2) days from the date of this order.
10/04/2021 Status Report Jonathan Korin 0093914
10/04/2021 Mot. for Extension of time to file Initial Brief Jonathan Korin 0093914
10/04/2021 Order Granting EOT for Initial Brief ORDERED that appellant's October 4, 2021 motion for extension of time is granted, and appellant shall serve the initial brief on or before October 20, 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.
10/05/2021 Received Records Clerk Broward CC01 88 PAGES (PAGES 1-80)
10/20/2021 Initial Brief on Merits Jonathan Korin 0093914
11/16/2021 Mot. for Extension of time to file Answer Brief Candace Phillips 1010368
11/17/2021 Order Granting EOT for Answer Brief ORDERED that appellee's November 16, 2021 motion for extension of time is granted, and appellee shall serve the answer brief on or before December 20, 2021. In addition, appellee is notified that the failure to serve the brief within the time provided herein may foreclose appellee's right to file a brief or otherwise participate in this appeal.
12/16/2021 Mot. for Extension of time to file Answer Brief Candace Phillips 1010368
12/16/2021 Order Granting EOT for Answer Brief ORDERED that appellee's December 16, 2021 motion for extension of time is granted, and appellee shall serve the answer brief on or before January 19, 2022. In addition, appellee is notified that the failure to serve the brief within the time provided herein may foreclose appellee's right to file a brief or otherwise participate in this appeal.
01/19/2022 Appellee's Answer Brief Candace Phillips 1010368
02/17/2022 Mot. for Extension of Time to File Reply Brief Jonathan Korin 0093914
02/17/2022 Order Granting EOT for Appellant's Reply Brief ORDERED that appellant's February 17, 2022 motion for extension of time is granted in part, and appellant shall serve the reply brief within fifteen (15) days from the current due date. In addition, if the reply brief is served after the time provided for in this order, it may be stricken.
03/07/2022 Appellant's Reply Brief Jonathan Korin 0093914
04/27/2022 Notice of Supplemental Authority Jonathan Korin 0093914
06/10/2022 Proceeding Will Be Determined En Banc ORDERED that, pursuant to Florida Rule of Appellate Procedure 9.331(a), the parties are hereby notified that the proceeding will be determined en banc.
06/22/2022 Reversed - Authored Opinion En Banc
07/08/2022 Mandate
07/08/2022 West Publishing