| Date Docketed | Description | Filed By | Notes |
| 07/09/2021 | Notice of Appeal Filed | Kendrick Almaguer 0055323 | |
| 07/09/2021 | Acknowledgment Letter | | |
| 07/09/2021 | 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. |
| 07/09/2021 | Case Filing Fee Paid Through Portal | | |
| 07/20/2021 | Motion To Relinquish Jurisdiction | Francis Mota 115152 | |
| 07/21/2021 | ORD-Appellee to File Response | | ORDERED that appellee is directed to respond, by July 26, 2021, to appellant’s July 20, 2021 motion to relinquish jurisdiction. |
| 07/21/2021 | Notice of Appearance | Chase A. Berger 0083794 | |
| 07/21/2021 | Response | Chase A. Berger 0083794 | TO MOTION TO RELINQUISH JURISDICATION |
| 07/30/2021 | Order Granting Relinquishment of Jurisdiction | | Upon consideration of appellee's July 21, 2021 response, it is ORDERED that appellant’s July 20, 2021 motion to relinquish jurisdiction is granted. Jurisdiction is relinquished to the trial court up to August 11, 2021, for the limited purpose of conducting proceedings and entering a final order as to appellant's motion to approve a statement of evidence and procedure. The appellant shall forward to this court a copy of any order issued during relinquishment. It is further ORDERED that appellant shall monitor this proceeding in the trial court. If further time is needed beyond this relinquishment period, it shall be the duty of appellant to request an extension of time by proper motion to this court. This case shall proceed in this court upon expiration of relinquishment unless otherwise notified in writing by the parties. |
| 08/11/2021 | Motion for Extension of Time | Francis Mota 115152 | OF RELINQUISHMENT. |
| 08/12/2021 | Response | Christophal Hellewell 114230 | ***STRICKEN 8/16/21** |
| 08/12/2021 | Appendix to Response | Christophal Hellewell 114230 | |
| 08/16/2021 | Stricken - Non-Compliance With R. 9.045 | | ORDERED that appellee's August 12, 2021 response and appendix to response 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.”). Amended documents in compliance with Rule 9.045 shall be filed within two (2) days from the date of this order. |
| 08/16/2021 | Response | Christophal Hellewell 114230 | |
| 08/16/2021 | Appendix to Response | Christophal Hellewell 114230 | |
| 08/23/2021 | Order Granting Relinquishment of Jurisdiction | | Upon consideration of appellee’s August 16, 2021 response, it is ORDERED that appellant’s August 11, 2021 motion to relinquish jurisdiction is granted. Jurisdiction is relinquished to the trial court for thirty (30) days from the date of this order for the limited purpose of conducting proceedings and entering an order as to appellant’s motion to bifurcate. The appellant shall forward to this court a copy of any order issued during relinquishment. It is further ordered that the appellant shall monitor this proceeding in the trial court. If further time is needed beyond this relinquishment period, it shall be the duty of appellant to request an extension of time by proper motion to this court. This case shall proceed in this court upon expiration of relinquishment unless otherwise notified in writing by the parties. |
| 08/31/2021 | Received Records | Clerk Broward CC01 | 1161 PAGES |
| 09/17/2021 | Motion for Extension of Time | Francis Mota 115152 | FOR RELINQUISHMENT |
| 09/17/2021 | Mot. for Extension of time to file Initial Brief | Francis Mota 115152 | |
| 09/23/2021 | Order Granting EOT for Initial Brief | | ORDERED that appellant's September 17, 2021 motion for extension of time is granted, and appellant shall serve the initial brief within sixty (60) 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. |
| 09/24/2021 | ORD-Granting EOT for Relinquishment of Juris. | | ORDERED that appellant's September 17, 2021 motion to extend relinquishment is granted. Relinquishment of jurisdiction to the trial court is continued for thirty (30) days. Appellant shall forward to this court a copy of any order issued during relinquishment. It is further ORDERED that appellant shall monitor this proceeding in the trial court. If further time is needed beyond this relinquishment period, it shall be the duty of appellant to request an extension of time by proper motion to this court. This case shall proceed in this court upon expiration of relinquishment unless otherwise notified in writing by the parties. |
| 11/02/2021 | Order to File Status Report | | ORDERED that appellant is directed to file a status report within ten (10) days from the date of this order regarding the relinquishment of jurisdiction. |
| 11/12/2021 | Status Report | Francis Mota 115152 | |
| 11/15/2021 | Mot. for Extension of time to file Initial Brief | Francis Mota 115152 | |
| 11/23/2021 | Order Granting EOT for Initial Brief | | ORDERED that appellant's November 15, 2021 motion for extension of time is granted, and 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 may be subject to dismissal or the court in its discretion may impose other sanctions. |
| 12/27/2021 | Initial Brief on Merits | Francis Mota 115152 | |
| 12/27/2021 | Request for Oral Argument | | |
| 12/27/2021 | Motion For Attorney's Fees | Francis Mota 115152 | |
| 01/12/2022 | Mot. for Extension of time to file Answer Brief | Christophal Hellewell 114230 | |
| 01/19/2022 | Order Granting EOT for Answer Brief | | ORDERED that appellee's January 12, 2022 motion for extension of time is granted, and appellee shall serve the answer brief within twenty (20) days from the current due date. 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. |
| 02/14/2022 | Appellee's Answer Brief | Christophal Hellewell 114230 | |
| 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 27, 2021 motion for attorney's fees is denied. |
| 06/10/2022 | Mandate | | |
| 06/10/2022 | West Publishing | | |