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United States Court Cases

Florida Fourth District Court Of Appeals

MICHAEL L KURTZ vs MARGARET AW MCINTYRE KURTZ

Date Docketed Description Filed By Notes
07/13/2021 Notice of Appeal Filed Michael L. Kurtz
07/14/2021 ORD-Pay Filing Fee - pro se 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, 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 the entry 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. If appellant has already been found indigent for purposes of proceedings in the lower tribunal, in this case, appellant shall file a copy of that order in this court. If appellant does not have an order or a determination of indigent status and believes that he or she is insolvent, appellant shall complete the enclosed application and mail to the clerk of the lower tribunal within fifteen (15) days from the date of this order. A Notice of Compliance that you have applied for indigent status, must also be filed with this court. The clerk of the lower tribunal shall forward the Clerk's Determination to this court within ten (10) days of receipt. Failure of appellant to comply with this order will result in the dismissal of this appeal. **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.
07/14/2021 Acknowledgment Letter
07/14/2021 Aplnt to file underlying order being appealed The Notice of Appeal seeks an appeal of the order denying a motion for rehearing. An order denying a motion for rehearing is not independently appealable. Within ten (10) days from the date of this order, appellant shall submit a conformed copy of the underlying order which is the subject of the motion for rehearing for the purpose of determining whether the filing of the motion for rehearing tolled the jurisdictional time limit of the filing of the Notice of Appeal of the underlying order from which appellant seeks review.
07/19/2021 Case Filing Fee
07/22/2021 Response Michael L. Kurtz TO JULY 14, 2021 ORDER
08/09/2021 Miscellaneous Order Upon consideration appellant’s July 22, 2021 response, it is ORDERED that the above–styled appeal shall proceed. Further, ORDERED that the appellant 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 will be subject to dismissal, or the court in its discretion may impose other sanctions.
08/25/2021 Received Records Clerk Broward CC01 1,231 PAGES (PAGES 1-1,182)
09/08/2021 Initial Brief on Merits Michael L. Kurtz
10/01/2021 Mot. for Extension of time to file Answer Brief Jonathan Zachary Schiller 0183148
10/07/2021 Order Granting EOT for Answer Brief ORDERED that appellee's October 1, 2021 motion for extension of time is granted, and appellee shall serve the answer brief on or before November 6, 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.
11/01/2021 Appellee's Answer Brief Jonathan Zachary Schiller 0183148
11/22/2021 Appellant's Reply Brief Michael L. Kurtz
02/24/2022 Affirmed - Per Curiam Affirmed
03/18/2022 Mandate
03/18/2022 West Publishing