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United States Court Cases

Florida Fourth District Court Of Appeals

ELIZABETH PALMGREN and DENNIS PALMGREN vs SEAHORSE STABLES OF WELLINGTON LLC and JENNIFER BENOIT

Date Docketed Description Filed By Notes
08/18/2021 Notice of Appeal Filed Aleida M. Mielke 0101486
08/18/2021 Acknowledgment Letter
08/18/2021 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.
09/03/2021 ORD-Sua Sponte Dismiss-No Filing Fee ORDERED sua sponte that the above-styled appeal is dismissed for non-payment of the $300.00 filing fee.
09/03/2021 Dismissed - Order by Clerk (Reinstated 9/27/21)
09/15/2021 Case Filing Fee Paid Through Portal
09/15/2021 Miscellaneous Entry/Document Invoice voided
09/15/2021 Motion For Reinstatement Aleida M. Mielke 0101486
09/16/2021 Response Avery S. Chapman 0517321 IN OPPOSITION TO MOTION TO REINSTATE APPEAL
09/22/2021 Stricken - Non-Compliance With R. 9.045 ORDERED that appellants’ September 15, 2021 motion for reinstatement 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.
09/22/2021 Motion For Reinstatement Aleida M. Mielke 0101486 AMENDED
09/23/2021 Response Avery S. Chapman 0517321 APPELLEES OPPOSITION TO MOTION TO REINSTATE
09/27/2021 ORD-Reinstatement ORDERED that appellants’ September 22, 2021 amended motion for reinstatement is granted, and the above-styled appeal is reinstated.
12/02/2021 Notice Clerk Palm Beach CC02 OF INABILITY TO TRANSMIT RECORD ON APPEAL
12/10/2021 Received Records Clerk Palm Beach CC02 1,569 PAGES
12/17/2021 Miscellaneous Motion Avery S. Chapman 0517321 MOTION FOR ORDER TO SHOW CAUSE
12/20/2021 Show Cause Lack of Prosecution, Initial Brief **DISCHARGED** Upon consideration of the December 17, 2021 motion, it is ORDERED that appellants in the above-styled case are directed to show cause in writing, if any there be, within ten (10) days from the date of this order, why the above-styled case should not be dismissed for lack of timely prosecution, in that appellants' 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.
12/30/2021 Notice OF WITHDRAWL OF APPEAL
12/30/2021 Order Granting Voluntary Dismissal ORDERED that appellants’ December 30, 2021 notice of withdrawal of appeal is treated as a notice of voluntary dismissal and this case is dismissed. Further, ORDERED that the December 20, 2021 order to show cause is discharged.
12/30/2021 Dismissed - Order by Clerk