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United States Court Cases

Florida Fourth District Court Of Appeals

MITCH FROWNFELTER vs JAMES BRIAN FROWNFELTER

Date Docketed Description Filed By Notes
07/20/2021 Notice of Appeal Filed John F. Schutz 0067210
07/21/2021 Acknowledgment Letter
07/21/2021 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.
07/22/2021 AA - File Statement for Basis of Jurisdiction ORDERED that, within ten (10) days from the date of this order, appellant shall file in this court a brief statement explaining the basis for this court's subject matter jurisdiction over the order appealed in this case, citing supporting legal authorities. Appellant shall specifically address how the notice of appeal is timely filed, in that the order on appeal was entered on May 3, 2021, and the circuit court docket reflects a May 18, 2021 order on “Petitioner’s Motion for Rehearing” and a July 8, 2021 order on “the Former Wife’s Motion for Rehearing.” Both orders deny rehearing and appear to be directed towards appellant’s May 17, 2021 motion for rehearing pursuant to Florida Family Law Rules of Procedure 12.540 and 12.530. See Fla. R. App. P. 9.020(h)(1), 9.110(b). Further, Appellee may file a response within ten (10) days of service of that statement.
07/28/2021 Response John F. Schutz 0067210 TO ORDER DATED JULY 22, 2021
07/28/2021 Response John F. Schutz 0067210 TO ORDER DATED JULY 22, 2021 (EXHIBITS ATTACHED)
07/29/2021 Stricken - Non-Compliance With R. 9.045 ORDERED that both of appellant’s July 28, 2021 responses 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.
07/29/2021 Jurisdictional Brief John F. Schutz 0067210
08/10/2021 ORD-Sua Sponte Dismiss-No Filing Fee **REINSTATED** ORDERED sua sponte that the above-styled appeal is dismissed for non-payment of the $300.00 filing fee.
08/10/2021 Dismissed - Order by Clerk **REINATATED**
08/10/2021 Case Filing Fee
08/11/2021 Miscellaneous Entry/Document Invoice voided
08/11/2021 Motion For Reinstatement John F. Schutz 0067210
08/11/2021 ORD-Reinstatement ORDERED that appellant's August 11, 2021 motion for reinstatement is granted, and the above-styled appeal is reinstated.
08/27/2021 Miscellaneous Order ORDERED that, upon consideration of the appellant’s August 18, 2021 jurisdictional brief, this appeal shall proceed.
09/10/2021 Received Records Clerk Palm Beach CC02 (2002 PAGES)
09/10/2021 Transcript Received Clerk Palm Beach CC02 (368 PAGES)
09/17/2021 Motion To File Supplemental Record Robert M.W. Shalhoub 0255361
09/17/2021 Order Granting Motion to Supplement the Record ORDERED that appellee's September 17, 2021 motion to supplement the record is granted. The material requested in the motion shall be included in the record on appeal. The clerk of the lower tribunal shall prepare and file the supplemental material in this court within ten (10) days from the date of this order. Appellee shall monitor the supplementation process.
09/23/2021 Supplemental Records Clerk Palm Beach CC02 (52 PAGES)
10/06/2021 Mot. for Extension of time to file Initial Brief John F. Schutz 0067210 **STRICKEN**
10/07/2021 Stricken - Non-Compliance With R. 9.045 ORDERED that appellant's October 6, 2021 motion is stricken as not in compliance with Florida Rule of Appellate Procedure 9.045, which became effective January 1, 2021, in that it is a computer-generated document which does 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.
10/07/2021 Mot. for Extension of time to file Initial Brief John F. Schutz 0067210
10/08/2021 Order Granting EOT for Initial Brief ORDERED that appellant's October 7, 2021 motion for extension of time is granted, and appellant shall serve the initial brief on or before November 4, 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.
11/04/2021 Initial Brief on Merits John F. Schutz 0067210 **STRICKEN**
11/05/2021 ORD-Stricken ORDERED that appellant's initial brief is stricken as not in compliance with Florida Rule of Appellate Procedure 9.210 in that the table of contents does not list the issues for review. An amended brief in compliance with the rules shall be filed within ten (10) days from the date of this order. The time for any responsive briefing shall be tolled until service of this amended brief.
11/05/2021 Amended Appellant's Initial Brief John F. Schutz 0067210
11/15/2021 Mot. for Extension of time to file Answer Brief
11/23/2021 Order Granting EOT for Answer Brief ORDERED that appellee’s November 15, 2021 motion for extension of time is granted, and appellee shall serve the answer brief within ninety (90) 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.
01/20/2022 Appellee's Answer Brief Robert M.W. Shalhoub 0255361
01/24/2022 Motion For Attorney's Fees Robert M.W. Shalhoub 0255361
02/18/2022 Appellant's Reply Brief John F. Schutz 0067210
06/08/2022 Affirmed - Authored Opinion IN PART; DISMISSED IN PART
06/08/2022 Order Granting Attorney's Fees ORDERED that the appellee’s January 24, 2022 motion for appellate attorney's fees is granted in part, pursuant to the antenuptial agreement signed by the parties. On remand, the trial court shall set the amount of the attorney's fees to be awarded for this appellate case as to issues 1, 2, 5, and 6 on appeal, as identified in this court's merits opinion in this case. If a motion for rehearing regarding any of the same issues 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. The appellee’s motion is denied as to the request for attorney’s fees pursuant to Rosen v. Rosen, 696 So. 2d 697 (Fla. 1997).
06/24/2022 Mandate
06/24/2022 West Publishing