| Date Docketed | Description | Filed By | Notes |
| 07/22/2021 | Notice of Appeal Filed | Scott M. Behren 0987786 | |
| 07/22/2021 | Acknowledgment Letter | | |
| 07/22/2021 | 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. |
| 08/02/2021 | Case Filing Fee Paid Through Portal | | |
| 08/05/2021 | Notice of Appearance | Jonathan A. Heller 0340881 | |
| 08/16/2021 | Affidavit | | OF NON-PAYMENT OF APPEAL INVOICE |
| 08/19/2021 | Motion To Relinquish Jurisdiction | Scott M. Behren 0987786 | |
| 08/26/2021 | 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 16, 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. |
| 08/27/2021 | Status Report | Scott M. Behren 0987786 | |
| 09/08/2021 | Response | Jonathan A. Heller 0340881 | TO MOTION TO RELINQUISH JURISDICTION |
| 09/22/2021 | ORD-Deny Relinquishment of Jurisdiction | | Upon consideration of appellee’s September 8, 2021 response, it is ORDERED that appellant’s August 19, 2021 motion to relinquish jurisdiction is denied. |
| 10/11/2021 | Affidavit | | OF NON-PAYMENT OF APPEAL INVOICE |
| 10/19/2021 | 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 October 11, 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. |
| 10/25/2021 | Status Report | Scott M. Behren 0987786 | |
| 10/26/2021 | Received Records | Clerk Broward CC01 | (251 PAGES) |
| 12/01/2021 | Show Cause Lack of Prosecution, Initial Brief | | **DISCHARGED** ORDERED that appellant in the above-styled case is directed to show cause in writing, if any there be, on or before December 13, 2021, why the above-styled case should not be dismissed for lack of timely prosecution, in that appellant's initial brief has not been filed with this court as of this date. Failure to respond to this order will result in a sua sponte dismissal without further notice. If the initial brief is filed within this time, the order to show cause will be considered automatically discharged without further order. |
| 12/13/2021 | Response to Order to Show Cause | Scott M. Behren 0987786 | AND MOTION FOR EXTENSION OF TIME TO FILE INITIAL BRIEF |
| 12/15/2021 | ORD-Discharging Show Cause | | ORDERED that, upon consideration of appellant's response and motion for extension filed December 13, 2021, this court's December 1, 2021 order to show cause is discharged. Further, ORDERED that appellant's motion for extension of time is granted, and appellant shall serve the initial brief within ten (10) 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 | Request for Oral Argument | | |
| 12/27/2021 | Motion For Attorney's Fees | Scott M. Behren 0987786 | |
| 12/27/2021 | Initial Brief on Merits | Scott M. Behren 0987786 | **STRICKEN** |
| 12/28/2021 | Motion To File Supplemental Record | Scott M. Behren 0987786 | |
| 12/28/2021 | Supplemental Records | Scott M. Behren 0987786 | ***CLERK TO FILE SUPPLEMENT SEE 02-15-22 ORDER*** |
| 01/19/2022 | ORD-Appellee to File Response | | ORDERED that appellee is directed to respond, within ten (10) days from the date of this order, to appellant’s December 28, 2021 motion to supplement record on appeal. |
| 01/31/2022 | Response | Jonathan A. Heller 0340881 | |
| 02/15/2022 | Order Granting Motion to Supplement the Record | | Upon consideration of appellee’s January 31, 2022 response, it is ORDERED that appellant’s December 28, 2021 motion to supplement the record is granted in part. The following materials requested in the motion shall be included in the record on appeal: Notice of Hearing dated June 7, 2019; and Notice of Hearing dated May 14, 2021. 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. Appellant shall monitor the supplementation process. Further, ORDERED that appellant's initial brief is stricken as not in compliance with Florida Rule of Appellate Procedure 9.210 in that it does not provide references to the appropriate pages of the record and refers to material outside of the record. See also Thornber v. City of Fort Walton Beach, 534 So. 2d 754, 755 (Fla. 1st DCA 1988). An amended brief in compliance with the rules shall be filed within fifteen (15) days from the date of the clerk of the lower tribunal’s filing of the supplemental material. The time for any responsive briefing shall be tolled until service of this amended brief. |
| 03/01/2022 | Supplemental Records | Clerk Broward CC01 | 7 PAGES |
| 03/02/2022 | Amended Appellant's Initial Brief | | |
| 03/31/2022 | Notice of Agreed Extension - Answer Brief | Jonathan A. Heller 0340881 | |
| 03/31/2022 | Recognizing Agreed Extension of Time | | 30 DAYS TO 5/1/22 |
| 05/06/2022 | Notice of Agreed Extension - Answer Brief | Jonathan A. Heller 0340881 | |
| 05/06/2022 | Recognizing Agreed Extension of Time | | 30 DAYS TO 6/1/22 |
| 05/31/2022 | Notice of Agreed Extension - Answer Brief | Jonathan A. Heller 0340881 | |
| 05/31/2022 | Recognizing Agreed Extension of Time | | 15 DAYS TO 6/16/21 |
| 06/30/2022 | Appellee's Answer Brief | Jonathan A. Heller 0340881 | |
| 07/20/2022 | Mot. for Extension of Time to File Reply Brief | Scott M. Behren 0987786 | |
| 07/21/2022 | Order Granting EOT for Appellant's Reply Brief | | ORDERED that appellant's July 20, 2022 motion for extension of time is granted in part. Appellant shall serve the reply brief within fifteen (15) days from the date of this order. In addition, if the reply brief is served after the time provided for in this order, it may be stricken. |
| 07/25/2022 | Notice of Supplemental Authority | Scott M. Behren 0987786 | |
| 08/03/2022 | 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. |
| 08/03/2022 | Appellant's Reply Brief | Scott M. Behren 0987786 | |