| Date Docketed | Description | Filed By | Notes |
| 08/18/2021 | Notice of Appeal Filed | Stephen Berkovits 823341 | |
| 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. |
| 08/18/2021 | Case Filing Fee Paid Through Portal | | |
| 08/27/2021 | Notice of Appearance | Neil Rose 0378755 | |
| 09/30/2021 | Received Records | Clerk Broward CC01 | 702 PAGES (PAGES 1-689) |
| 10/25/2021 | Initial Brief on Merits | Joseph S. Kashi 0219398 | |
| 10/25/2021 | Request for Oral Argument | | |
| 10/25/2021 | Motion For Attorney's Fees | Joseph S. Kashi 0219398 | **RESPONSE FILED 11/10/2021** |
| 11/10/2021 | Response | Neil Rose 0378755 | TO APPELLANTS' MOTION FOR AWARD OF APPELLATE ATTORNEY'S FEES |
| 11/23/2021 | Notice of Agreed Extension - Answer Brief | Neil Rose 0378755 | |
| 11/23/2021 | Recognizing Agreed Extension of Time | | 30 DAYS TO 12/24/21 |
| 12/21/2021 | Appellee's Answer Brief | Neil Rose 0378755 | |
| 01/20/2022 | Appellant's Reply Brief | Joseph S. Kashi 0219398 | |
| 02/17/2022 | ORD-Setting Oral Argument | | This case is set for Oral Argument on May 3, 2022, at 10:30 A.M. for 10 minutes per side, in person at the Fourth District Court of Appeal Courthouse. If a side anticipates more than two attorneys sitting at counsel table during oral argument, it shall contact the Marshal’s Office by phone at least two business days before the oral argument session. The court calendars can be viewed on this court's website at www.4dca.org. In criminal cases where a victim, as defined in Article I, Section 16(e) of the Florida Constitution, has invoked their right to notice under Article I, Section 16(b)(6) of the Florida Constitution, the State shall provide the victim with notice of this oral argument and of any changes to the scheduled date or time. Within seven (7) days from the date of this order, either side may file a motion for remote oral argument, which, if granted, would take place on the same week as the currently scheduled in-person oral argument, with the date and time to be set by further order of this court. Before filing the motion, the moving party shall confer with the opposing side to ascertain whether the opposing side agrees to a remote oral argument. The motion shall state: (1) the reasons why remote oral argument is requested; and (2) whether the opposing side consents to a remote oral argument. If the motion is opposed, then the opposing side shall file a response to the motion within three (3) days after the filing of the motion. No extensions of time to file the motion or response will be permitted, absent extraordinary circumstances. If the court grants the motion for remote oral argument, the argument will take place via Zoom video conference and all judges and attorneys will appear remotely. |
| 02/17/2022 | Motion For Continuation of Oral Argument | Joseph S. Kashi 0219398 | UNOPPOSED MOTION TO RESCHEDULE ORAL ARGUMENT |
| 02/22/2022 | Grant Continuance of Oral Argument | | ORDERED that the appellants’ February 17, 2022, motion for continuance of oral argument is granted. Oral argument scheduled for May 3, 2022, is cancelled and will be rescheduled for a later date. |
| 03/11/2022 | 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. |
| 05/26/2022 | Affirmed - Per Curiam Affirmed | | |
| 05/26/2022 | Deny Attorney's Fees | | ORDERED that appellants’ October 25, 2021 motion for attorney's fees is denied. |
| 06/17/2022 | Mandate | | |
| 06/17/2022 | West Publishing | | |