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United States Court Cases

Florida Fourth District Court Of Appeals

COASTAL CONSTRUCTION AND RESTORATION SERVICES LLC vs M AND W WINDOWS LLC et al

Date Docketed Description Filed By Notes
08/19/2021 Notice of Appeal Filed Justin C. Carlin 0068429
08/19/2021 Misc. LT pleadings *Civil Cover Sheet
08/20/2021 Acknowledgment Letter
08/20/2021 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.
08/23/2021 Case Filing Fee Paid Through Portal
09/09/2021 Affidavit OF CLERK.
09/20/2021 Order for Status Report Re: ROA Upon consideration of the affidavit filed by the clerk of the lower tribunal on September 9, 2021, appellant is ordered to file a report, within seven (7) days from the date of this order, as to the status of the payment for the record on appeal.
09/27/2021 Status Report Justin C. Carlin 0068429
10/04/2021 Affidavit
10/04/2021 Affidavit OF THE CLERK
10/04/2021 Received Records Clerk Broward CC01 (291 PAGES)
11/05/2021 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 November 15, 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.
11/15/2021 Response Justin C. Carlin 0068429
11/15/2021 Notice of Agreed Extension - Initial Brief Justin C. Carlin 0068429
11/15/2021 Recognizing Agreed Extension of Time 36 DAYS.
11/15/2021 Motion To File Supplemental Record Justin C. Carlin 0068429
11/15/2021 Supplemental Records Justin C. Carlin 0068429 (68 PAGES)
11/16/2021 Order Granting Motion to Supplement the Record ORDERED that this court’s November 5, 2021 order is discharged. Further, ORDERED that appellant's November 15, 2021 motion to supplement the record is granted, and the proposed supplemental record is deemed filed.
12/03/2021 Notice of Agreed Extension - Initial Brief Justin C. Carlin 0068429
12/03/2021 Recognizing Agreed Extension of Time 20 DAYS TO 12/23/21.
12/28/2021 Notice of Agreed Extension - Initial Brief Justin C. Carlin 0068429
12/28/2021 Recognizing Agreed Extension of Time 8 DAYS TO 1/4/22
01/03/2022 Initial Brief on Merits Justin C. Carlin 0068429
01/24/2022 Mot. for Extension of time to file Answer Brief Michael L. Feinstein 0650382
01/27/2022 Notice Justin C. Carlin 0068429 OF NON-OBJECTION TO EXTENSION OF TIME TO FILE ANSWER BRIEF
01/28/2022 Order Granting EOT for Answer Brief ORDERED that appellee's January 24, 2022 motion for extension of time is granted, and appellee shall serve the answer brief on or before February 23, 2022. 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.
02/22/2022 Mot. for Extension of time to file Answer Brief Michael L. Feinstein 0650382
02/23/2022 Order Granting EOT for Answer Brief ORDERED that appellee's February 22, 2022 motion for extension of time is granted, and appellee shall serve the answer brief within thirty (30) days from the date of this order. 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.
05/16/2022 Order to File Status Report ORDERED that appellant is directed to file a status report, within five (5) days from the date of this order, regarding settlement negotiations.
05/23/2022 Notice of Voluntary Dismissal Michael L. Feinstein 0650382 **STRICKEN**
05/23/2022 Status Report Justin C. Carlin 0068429
05/25/2022 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 May 23, 2022 status report. Further, ORDERED that the May 23, 2022 notice of voluntary dismissal is stricken as unauthorized, as it was not filed by the appellant.
06/03/2022 Response Michael L. Feinstein 0650382
06/06/2022 Order to File Status Report ORDERED that, upon consideration of the parties' status reports, appellee shall file a status report concerning the filing of the answer brief within five (5) days from the date of this order.
06/08/2022 Motion To Withdraw as Counsel Michael L. Feinstein 0650382 **CORRECTED MOTION FILED**
06/08/2022 Motion To Withdraw as Counsel Michael L. Feinstein 0650382 **CORRECTED**
06/10/2022 ORD-Corporation must be Represented by Atty-w/d ORDERED that the June 8, 2022 corrected motion of Michael L. Feinstein, P.A. for leave to withdraw as counsel for M and W Windows, LLC is granted. A corporation may not appear unrepresented by counsel in a Florida court. See Parrot Cove Marina, LLC v. Duncan Seawall Dock & Boatlift, Inc., 978 So. 2d 811, 813 (Fla. 2d DCA 2008); Szteinbaum v. Kaes Inversiones y Valores, C.A., 476 So. 2d 247 (Fla. 3d DCA 1985); Telepower Commc’ns, Inc. v. LTI Vehicle Leasing Corp., 658 So. 2d 1026 (Fla. 4th DCA 1995). Accordingly, it is ORDERED that M and W Windows, LLC shall be barred from any participation in this case unless within twenty (20) days from the date of this order an attorney licensed to practice law enters an appearance on its behalf. Further, ORDERED that this case is stayed pending the above.