| Date Docketed | Description | Filed By | Notes |
| 07/29/2021 | Notice of Appeal Filed | Benjamin R. Dishowitz 050637 | |
| 07/29/2021 | 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. |
| 07/29/2021 | Acknowledgment Letter | | |
| 07/29/2021 | Case Filing Fee Paid Through Portal | | |
| 08/02/2021 | Order Holding Case in Abeyance Per R. 9.020(h)(2)(C) | | This court notes that a motion tolling rendition is pending in the trial court. ORDERED that the above-styled case is held in abeyance until the trial court disposes of the motion and appellant files a copy of the order in this court. On that date, this case shall proceed, and the briefing schedule shall run from that date. See Fla. R. App. P. 9.020(h)(2)(C). If the trial court has not entered an order disposing of the motion within thirty (30) days from the date of this order, appellant shall file a status report with this court as to the progress being made towards disposition of the motion. |
| 08/19/2021 | Affidavit | | OF NON-PAYMENT OF APPEAL INVOICE |
| 09/03/2021 | Received Records | Clerk Broward CC01 | 719 PAGES |
| 09/09/2021 | Order to File Status Report | | ORDERED that appellant is directed to file a status report, within ten (10) days from the date of this order, as to the disposition of the pending motion in the trial court. |
| 09/10/2021 | Notice of Filing | Benjamin R. Dishowitz 050637 | AND DISPOSING THE NOTICE POSTPONING RENDITION |
| 09/10/2021 | ORD-FROM CIRCUIT COURT/AGENCY | | |
| 09/17/2021 | Notice of Appearance | Jeffrey Stephen Haut 0124127 | |
| 11/30/2021 | Show Cause Lack of Prosecution, Initial Brief | | ORDERED that appellant in the above-styled case is 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 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. |
| 11/30/2021 | Appendix to Brief | Benjamin R. Dishowitz 050637 | **STRICKEN** |
| 12/01/2021 | Order Striking Appendix - Non-Compliance With R. 9.220 | | ORDERED that appellant’s appendix to the initial brief is stricken as not in compliance with Florida Rule of Appellate Procedure 9.220(c), which was amended effective October 1, 2017, in that it was not properly indexed and consecutively paginated, beginning with the cover sheet as page 1, was not text searchable, was not paginated so that the page numbers displayed by the PDF reader exactly match the pagination of the index, and contains no bookmarks as required by Rule 9.220(c)(3). An amended appendix in compliance with Rule 9.220(c) shall be filed within two (2) days from the date of this order. |
| 12/16/2021 | Initial Brief on Merits | Benjamin R. Dishowitz 050637 | |
| 01/14/2022 | Motion To Strike | Jeffrey Stephen Haut 0124127 | |
| 01/14/2022 | Motion To Dismiss | Jeffrey Stephen Haut 0124127 | |
| 01/18/2022 | Amended Appellant's Initial Brief | Benjamin R. Dishowitz 050637 | |
| 01/18/2022 | Appendix to Brief | Benjamin R. Dishowitz 050637 | **Stricken** |
| 01/18/2022 | Response | Benjamin R. Dishowitz 050637 | TO RESPONDENT'S MOTION TO DISMISS APPEAL |
| 01/18/2022 | Order Striking Appendix - Non-Compliance With R. 9.220 | | ORDERED that appellant’s appendix to the initial brief is stricken as not in compliance with Florida Rule of Appellate Procedure 9.220(c), which was amended effective October 1, 2017, in that it was not consecutively paginated, beginning with the cover sheet as page 1, and was not paginated so that the page numbers displayed by the PDF reader exactly match the pagination of the index. An amended appendix in compliance with Rule 9.220(c) shall be filed within two (2) days from the date of this order. |
| 01/18/2022 | Appendix to Brief | Benjamin R. Dishowitz 050637 | AMENDED |
| 02/14/2022 | Deny Motion to Strike | | ORDERED that appellee’s January 14, 2022 motion to strike is denied. Appellant’s January 18, 2022 amended initial brief and amended appendix to the initial brief are deemed timely filed and accepted as of the date of this order. Further, ORDERED that appellee’s January 14, 2022 motion to dismiss is denied without prejudice to appellee raising the arguments in the answer brief. |
| 03/10/2022 | Motion To Withdraw as Counsel | Joel W. Hyatt 106401 | |
| 03/11/2022 | ORD-Withdraw as Counsel | | The March 10, 2022 motion of Jeffrey S. Haut, Esq., counsel for Ascentium Capital, LLC, to withdraw as counsel is granted. This Court notes that appellee Ascentium Capital, LLC will continue to be represented by the law firm of Hahn Loeser & Parks LLP. |
| 03/11/2022 | Notice of Agreed Extension - Answer Brief | Joel W. Hyatt 106401 | |
| 03/11/2022 | Recognizing Agreed Extension of Time | | 45 DAYS TO 04/30/2022 |
| 04/27/2022 | Mot. to appear pro hac vice | Joel W. Hyatt 106401 | **Stricken** |
| 04/28/2022 | Stricken - Non-Compliance With R. 9.045 | | ORDERED that appellee’s April 27, 2022 motion to appear pro hac vice 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. |
| 04/29/2022 | Mot. to appear pro hac vice | Joel W. Hyatt 106401 | |
| 04/29/2022 | Appellee's Answer Brief | Joel W. Hyatt 106401 | |
| 04/29/2022 | Motion For Attorney's Fees | Joel W. Hyatt 106401 | |
| 04/29/2022 | Appendix to Brief | Joel W. Hyatt 106401 | **Stricken** |
| 05/02/2022 | Appendix to Brief | Joel W. Hyatt 106401 | AMENDED **Stricken** |
| 05/02/2022 | Ord-Leave to Appear Pro Hac Vice | | ORDERED that the appellee Ascentium Capital, LLC’s April 29, 2022 verified motion for permission to appear pro hac vice is granted, and Elisé K. Yarnell, Esquire, is permitted to appear in this appeal as counsel for Ascentium Capital, LLC. Elisé K. Yarnell, Esquire, is advised that this court does not send paper documents to attorneys and he or she shall register for this court’s eDCA system and the Florida Courts E-Filing Portal within five (5) days from the date of this order. Further, ORDERED that Elisé K. Yarnell, Esquire, shall tender the $100.00 appearance fee required by section 35.22(2)(a), Florida Statutes (2021), 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. |
| 05/04/2022 | Order Striking Appendix - Non-Compliance With R. 9.220 | | ORDERED that appellee’s amended appendix to the answer brief is stricken as not in compliance with Florida Rule of Appellate Procedure 9.220(c), which was amended effective October 1, 2017, in that it was not properly indexed and consecutively paginated, beginning with the cover sheet as page 1, was not paginated so that the page numbers displayed by the PDF reader exactly match the pagination of the index, and contains bookmarks which are not in compliance with Rule 9.220(c)(3). An amended appendix in compliance with Rule 9.220(c) shall be filed within two (2) days from the date of this order. |
| 05/09/2022 | Appendix to Brief | Joel W. Hyatt 106401 | SECOND AMENDED |
| 05/09/2022 | PRO HAC VICE FEE PAID THROUGH PORTAL | | |
| 05/24/2022 | Appellant's Reply Brief | Benjamin R. Dishowitz 050637 | |
| 05/24/2022 | Appendix to Brief | Benjamin R. Dishowitz 050637 | **Stricken** |
| 05/25/2022 | Order Striking Appendix - Non-Compliance With R. 9.220 | | ORDERED that appellant’s appendix to the reply brief is stricken as not in compliance with Florida Rule of Appellate Procedure 9.220(c), which was amended effective October 1, 2017, in that it contains no bookmarks as required by Rule 9.220(c)(3). An amended appendix in compliance with Rule 9.220(c) shall be filed within two (2) days from the date of this order. |
| 05/26/2022 | Appendix to Brief | Benjamin R. Dishowitz 050637 | AMENDED |