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United States Court Cases

Florida Fourth District Court Of Appeals

RAE ANN LARATRO vs GL HOMES OF FLORIDA CORPORTATION

Date Docketed Description Filed By Notes
07/26/2021 Notice of Appeal Filed Nichole J. Segal 0041232
07/26/2021 Acknowledgment Letter
07/26/2021 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.
07/26/2021 Case Filing Fee Paid Through Portal
08/06/2021 Mot. for Extension of time to file Initial Brief Nichole J. Segal 0041232
08/09/2021 Order Granting EOT for Initial Brief ORDERED that appellant's August 6, 2021 motion for extension of time is granted, and appellant shall serve the initial brief and appendix within thirty (30) days from the date of this order. In addition, if the initial brief and appendix are not served within the time provided for in this order, the above-styled case may be subject to dismissal or the court in its discretion may impose other sanctions.
08/31/2021 Notice of Appearance Elliot B. Kula 0003794
08/31/2021 Notice of Appearance Eric J. Neuman 0028186 **STRICKEN**
09/01/2021 Stricken - Non-Compliance With R. 9.045 ORDERED that Eric J. Neuman's August 31, 2021 notice of appearance 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.
09/01/2021 Notice of Appearance Eric J. Neuman 0028186
09/08/2021 Mot. for Extension of time to file Initial Brief Nichole J. Segal 0041232
09/08/2021 Order Granting EOT for Initial Brief ORDERED that appellant's September 8, 2021 motion for extension of time is granted, and appellant shall serve the initial brief and appendix within ten (10) days from the date of this order. In addition, if the initial brief and appendix are not served within the time provided for in this order, the above-styled case may be subject to dismissal or the court in its discretion may impose other sanctions.
09/20/2021 Initial Brief on Merits Nichole J. Segal 0041232
09/20/2021 Appendix to Brief Nichole J. Segal 0041232 **STRICKEN**
09/20/2021 Request for Oral Argument
09/22/2021 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 completely text searchable. An amended appendix in compliance with Rule 9.220(c) shall be filed within two (2) days from the date of this order.
09/23/2021 Appendix to Brief Nichole J. Segal 0041232
10/14/2021 Mot. for Extension of time to file Answer Brief Elliot B. Kula 0003794
10/15/2021 Order Granting EOT for Answer Brief ORDERED that appellee's October 14, 2021 motion for extension of time is granted, and appellee shall serve the answer brief on or before November 24, 2021. 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.
11/17/2021 Notice of Similar Case Pending Elliot B. Kula 0003794
11/17/2021 Motion To Abate Elliot B. Kula 0003794
11/19/2021 ORD-Grant Motion to Abate ORDERED that the November 17, 2021 agreed motion to abate appeal is granted, and this appeal is abated pending a final disposition in 4D21-446.
01/07/2022 Status Report Elliot B. Kula 0003794
01/14/2022 Stay is lifted, case to proceed ORDERED that the stay entered on November 19, 2021, is lifted and the above-styled appeal shall proceed; further, ORDERED that the 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.
01/27/2022 Confession of Error
02/16/2022 Reversed - Per Curiam Opinion
02/16/2022 ORD-Moot ORDERED that appellant’s September 20, 2021 request for oral argument is denied as moot.
03/04/2022 Mandate
03/04/2022 West Publishing