| Date Docketed | Description | Filed By | Notes |
| 08/18/2021 | Notice of Appeal Filed | Labeed Ahmed Choudhry 0097849 | |
| 08/18/2021 | Misc. LT pleadings | | |
| 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. |
| 08/25/2021 | Case Filing Fee Paid Through Portal | | |
| 10/08/2021 | Received Records | Clerk Palm Beach CC02 | 78 PAGES |
| 10/21/2021 | Notice of Appearance | Wayne Scott Kramer 0192790 | |
| 10/27/2021 | Initial Brief on Merits | Labeed Ahmed Choudhry 0097849 | |
| 10/28/2021 | Appellee's Answer Brief | Wayne Scott Kramer 0192790 | |
| 11/29/2021 | Appellant's Reply Brief | Christopher Posner 1011575 | |
| 02/25/2022 | ORD-To File Response | | ORDERED that, within seven (7) days from the date of this order, the parties shall address whether this appeal is now moot by the execution of the writ of possession. |
| 03/04/2022 | Notice of Filing | Wayne Scott Kramer 0192790 | ORDER DENYING APPELLANT/DEFENDANT VINCE BARRETT'S EMERGENCY MOTION TO ENJOIN WRIT OF POSSESSION |
| 03/04/2022 | Response | Wayne Scott Kramer 0192790 | TO THE COURT'S FEBRUARY 25, 2022 ORDER |
| 03/04/2022 | Response | Labeed Ahmed Choudhry 0097849 | TO COURT'S ORDER |
| 03/29/2022 | ORD-Sua Sponte Dismissal | | ORDERED that this appeal is dismissed as moot. Not only has possession of the property already transferred but appellant has terminated the lease. Moreover, the appellant has not provided a transcript of the final hearing. “Without knowing the factual context, neither can an appellate court reasonably conclude that the trial judge so misconceived the law as to require reversal.” Applegate v. Barnett Bank of Tallahassee, 377 So. 2d 1150, 1152 (Fla. 1979). While there is no written order disposing of the motion to determine rents or the appellee’s motion to strike that motion, the trial court could have well determined that the motion was not legally sufficient under the statute, the motion having claimed that the tenant was constructively evicted or entitled to a reduction of rent based upon the expenses incurred by the tenant and the loss of value of the lease. These are defenses to possession not based on actual payment of rent. The mere fact that the motion was titled a motion to determine rent does not make it proper to raise the substantive claims other than payment to satisfy the statutory obligation in Section 83.60(2), Florida Statutes. WARNER, LEVINE and KLINGENSMITH, JJ., concur. |
| 03/29/2022 | Dismissed - Order by Judge | | |