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United States Court Cases

Florida Fourth District Court Of Appeals

MONICA LINTON MERVIN LINTON MICHAEL LINTON and MARGARET JONES vs PATRICK RACKARD and ROYAL NEIGHBORS FOUNDATION a/k/a ROYAL NEIGHBORS OF AMERICA

Date Docketed Description Filed By Notes
07/28/2021 Notice of Appeal Filed Keith Brian Roller 0018696
07/28/2021 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.
07/28/2021 Acknowledgment Letter
07/29/2021 Case Filing Fee Paid Through Portal
08/02/2021 AA - File Statement for Basis of Jurisdiction ORDERED that, within ten (10) days from the date of this order, appellants shall file in this court a brief statement explaining the basis for this court’s subject matter jurisdiction over the order appealed in this case, citing supporting legal authorities. Appellants shall specifically address how the June 29, 2021 order is an appealable, nonfinal order under Florida Rule of Appellate Procedure 9.130. See Neptune v. Boncroft, 110 So. 3d 537, 538 (Fla. 4th DCA 2013) (finding that an order granting a motion to dismiss but affording leave to amend is non-final and non-appealable). Further, Appellees may file a response within ten (10) days of service of that statement.
08/09/2021 Jurisdictional Brief Keith Brian Roller 0018696
08/19/2021 Motion for Extension of Time to File Response Andrew B. Thomson 0057672
08/20/2021 Stricken - Non-Compliance With R. 9.045 ORDERED that appellees’ August 19, 2021 motion for extension of time to file response 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.
08/20/2021 Motion for Extension of Time to File Response Andrew B. Thomson 0057672 AMENDED
08/23/2021 Grant EOT to file Response ORDERED that appellees’ August 20, 2021 amended motion for extension of time is granted, and the time for filing a response to appellants’ jurisdictional brief is extended five (5) days from the current due date.
08/24/2021 Response Andrew B. Thomson 0057672 TO APPELLANTS' JURISDICTIONAL STATEMENT
09/08/2021 Affidavit OF NON-PAYMENT OF APPEAL INVOICE
09/08/2021 ORD-Sua Sponte Dismissed for Lack of Jurisdiction ORDERED that upon consideration of the appellants’ August 9, 2021 jurisdictional brief and the appellees’ August 24, 2021 response, the above-styled appeal is dismissed for lack of jurisdiction. See Pellegrino By & Through Pellegrino v. Horwitz, 642 So. 2d 124, 126 (Fla. 4th DCA 1994); Neptune v. Boncroft, 110 So. 3d 537 (Fla. 4th DCA 2013). CONNER, C.J., FORST and KLINGENSMITH, JJ., concur.
09/08/2021 Dismissed - Order by Judge