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United States Court Cases

Florida Fourth District Court Of Appeals

JAMES C MASSEY and GINA MASSEY vs DEBORAH THOMAS et al

Date Docketed Description Filed By Notes
07/14/2021 Notice of Appeal Filed Carl A. Cascio 0937721
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.
07/19/2021 Miscellaneous (DNU)
07/19/2021 Case Filing Fee Paid Through Portal
07/28/2021 Notice Carl A. Cascio 0937721 DIRECTIONS TO CLERK
07/28/2021 Notice Carl A. Cascio 0937721 DESIGNATION OF APPROVED COURT REPORTER
07/29/2021 ORD-Stricken as Unauthorized ORDERED that appellants’ July 28, 2021 directions to clerk and July 28, 2021 designation of approved court reporter are stricken as unauthorized, without prejudice to filing with the clerk of the lower tribunal.
08/09/2021 Affidavit OF NON-PAYMENT OF APPEAL INVOICE
08/17/2021 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 August 9, 2021, appellants are ordered to file a report, within ten (10) days from the date of this order, as to the status of the payment for the record on appeal.
08/26/2021 Notice Carl A. Cascio 0937721 OF COMPLIANCE
09/03/2021 Received Records Clerk Broward CC01 387 PAGES
09/20/2021 Mot. for Extension of time to file Initial Brief Carl A. Cascio 0937721
09/22/2021 Order Granting EOT for Initial Brief ORDERED that appellants’ September 20, 2021 motion for extension of time is granted, and appellants shall serve the initial brief within thirty (30) days from the date of this order. 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.
10/21/2021 Mot. for Extension of time to file Initial Brief Carl A. Cascio 0937721
10/21/2021 Order Granting EOT for Initial Brief ORDERED that appellants’ October 21, 2021 motion for extension of time is granted, and appellants shall serve the initial brief within thirty (30) 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 may be subject to dismissal or the court in its discretion may impose other sanctions.
11/22/2021 Mot. for Extension of time to file Initial Brief Carl A. Cascio 0937721
11/23/2021 Order Granting EOT for Initial Brief ORDERED that appellants’ November 22, 2021 motion for extension of time is granted, and appellants shall serve the initial brief within fifteen (15) days from the date of this order. 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.
12/09/2021 Notice Carl A. Cascio 0937721 of Appendix to Initial Brief
12/09/2021 Appendix to Brief Carl A. Cascio 0937721 **Stricken**
12/09/2021 Notice Carl A. Cascio 0937721 of Appendix to Initial Brief
12/09/2021 Order Striking Appendix - Non-Compliance With R. 9.220 ORDERED that appellants’ appendix to the 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 has no cover page, was not properly indexed, was not text searchable, and contains no bookmarks as required by Rule 9.220(c)(3). An amended appendix in compliance with Rule 9.220(c) shall be filed within two (2) days from the date of this order.
12/10/2021 Notice Carl A. Cascio 0937721 of timely filing Initial Brief
12/13/2021 Initial Brief on Merits Carl A. Cascio 0937721
12/13/2021 Grant to Accept Brief Filed as Timely ORDERED that the appellants’ December 10, 2021 notice of timely filing initial brief is granted. The brief is deemed timely filed as of the date of this order.
12/13/2021 Appendix to Brief Carl A. Cascio 0937721 **Stricken**
12/14/2021 Order Striking Appendix - Non-Compliance With R. 9.220 ORDERED that appellants’ appendix to the 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 properly indexed and consecutively paginated, beginning with the cover sheet as page 1, was not text searchable, 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). An amended appendix in compliance with Rule 9.220(c) shall be filed within two (2) days from the date of this order.
12/17/2021 Notice of Appearance Emily Y. Rottmann 0093154
12/17/2021 Notice of Agreed Extension - Answer Brief Emily Y. Rottmann 0093154
12/17/2021 Recognizing Agreed Extension of Time 30 DAYS TO 02/11/2022
02/10/2022 Notice of Agreed Extension - Answer Brief Kathleen D. Kilbride 1003294
02/10/2022 Recognizing Agreed Extension of Time 14 DAYS TO 02/28/2022
02/28/2022 Appellee's Answer Brief Emily Y. Rottmann 0093154 BANK OF AMERICA, N.A.
02/28/2022 Appendix to Brief Emily Y. Rottmann 0093154
03/30/2022 Mot. for Extension of Time to File Reply Brief Carl A. Cascio 0937721
03/31/2022 Order Granting EOT for Appellant's Reply Brief ORDERED that appellants’ March 30, 2022 motion for extension of time is granted in part, and appellants 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.
04/14/2022 Mot. for Extension of Time to File Reply Brief Carl A. Cascio 0937721
04/14/2022 Order Granting EOT for Appellant's Reply Brief ORDERED that appellants’ April 14, 2022 motion for extension of time is granted, and appellants shall serve the reply brief on or before April 25, 2022. In addition, if the reply brief is served after the time provided for in this order, it may be stricken.
04/25/2022 Mot. for Extension of Time to File Reply Brief Carl A. Cascio 0937721
04/26/2022 Order Granting EOT for Appellant's Reply Brief ORDERED that appellants’ April 25, 2022 motion for extension of time is granted, and appellants shall serve the reply brief on or before April 27, 2022. In addition, if the reply brief is served after the time provided for in this order, it may be stricken.
04/27/2022 Appellant's Reply Brief Carl A. Cascio 0937721
06/14/2022 Motion for leave to file reply Emily Y. Rottmann 0093154 MOTION FOR LEAVE TO FILE SUR-REPLY
06/21/2022 Ord-Denying Leave to file Reply ORDERED that the appellees’ June 14, 2022 motion for leave to file sur-reply is denied.
07/15/2022 Notice Carl A. Cascio 0937721 of Appendix to Initial Brief
07/15/2022 Appendix to Brief Carl A. Cascio 0937721
07/20/2022 Reversed - Authored Opinion
08/05/2022 Mandate
08/05/2022 West Publishing