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Date Docketed Description Filed By Notes
09/03/2021 Notice of Appeal Filed Michael A. Abel 0075078 order appealed attached
09/03/2021 Notice of Appeal Transmittal Form Gwen Marshall
09/03/2021 Notice of Appeal / Acknowledgement letter Notice of Appeal from the lower tribunal reflecting a filing date of September 2, 2021.
09/08/2021 Motion To Stay Michael A. Abel 0075078 motion to reinstate automatic stay
09/08/2021 Appendix Michael A. Abel 0075078 to motion to reinstate automatic stay
09/09/2021 SC Why Mot Should Not Be Granted      Appellants filed an emergency motion to reinstate the automatic stay on Wednesday, September 8, 2021. Appellees may file a response to the motion no later than 8:00 p.m. on Thursday, September 9, 2021.
09/09/2021 RESPONSE Charles R. Gallagher 510041
09/09/2021 Appendix Charles R. Gallagher 510041
09/10/2021 Grant Stay The appellants ask that we quash the trial court’s vacatur of the automatic stay imposed by Florida Rule of Appellate Procedure 9.310(b)(2). When a public officer or agency seeks appellate review, which is the case here, there is a presumption under the rule in favor of a stay, and the stay should be vacated only for the most compelling of reasons. See Fla. Dep’t of Health v. People United for Med. Marijuana, 250 So. 3d 825, 828 (Fla. 1st DCA 2018). Upon our review of the trial court’s final judgment and the operative pleadings, we have serious doubts about standing, jurisdiction, and other threshold matters. These doubts significantly militate against the likelihood of the appellees’ ultimate success in this appeal. Given the presumption against vacating the automatic stay, the stay should have been left in place pending appellate review. Accordingly, we grant the appellants’ motion, quash the trial court’s order vacating the automatic stay, and reinstate the stay required by Florida Rule of Appellate Procedure 9.310(b)(2). A written order explaining this disposition will follow. RAY, JAY, and TANENBAUM, JJ., concur.
09/10/2021 Appendix Charles R. Gallagher 510041 to AE's suggestion order by certified
09/10/2021 Motion SUGGEST T/CERT. CAUSE T/SC Charles R. Gallagher 510041
09/20/2021 RESPONSE Michael A. Abel 0075078 response in opposition to suggestion that order by certified as requiring immediate resolution by the FL S.C.
09/23/2021 Docketing Statement
09/24/2021 Deny Certification of Cause to Supreme Ct Certification, as suggested pursuant to Florida Rule of Appellate Procedure 9.125 by the appellees on September 10, 2021, is denied.
09/28/2021 Notice of Appearance Raymond Treadwell 93834
09/29/2021 Acknowledgment of Service List      The notice filed by counsel for the Appellant on September 28, 2021, providing e-mail addresses, is acknowledged. However, in addition to filing such notice, counsel of record are responsible for ensuring their primary and/or secondary e-mail addresses under their profile in the Florida Courts E-Filing Portal and eDCA are consistent with the filed notice in order to receive e-mailed notification (Casemail) from the court. Profiles for eDCA users may be updated by clicking on the “My Profile” link and clicking the “Submit” button after making the desired changes.
10/01/2021 Notice of Cross Appeal Charles R. Gallagher 510041 Lesley Abravanel and Magnus Andersson, individually and on behalf of S.A. and A.A., minors; Kristen Thompson, individually and on behalf of P.T., a minor; Amy Nell, individually and on behalf of O.S., a minor, and Damaris Allen, individually and on behalf of E.A., a minor
10/01/2021 Miscellaneous Docket Entry attachment to cross notice
10/04/2021 Initial Brief on Merits Michael A. Abel 0075078
10/04/2021 Appendix Michael A. Abel 0075078 to IB
10/04/2021 Notice of Appearance Kristin A Norse 0965634 (e-mail address furnished)
10/04/2021 Notice of Appearance Stuart C Markman 0322571
10/04/2021 Notice of Appearance Katherine Earle Yanes 159727
10/04/2021 Notice of Appearance Brandon Kyle Breslow 0123755
10/05/2021 Acknowledgment of Service List      The notices of appearance filed by co-counsel on behalf of Appellees Lesley Abravanel and Magnus Andersson, individually and on behalf of S.A. and A.A., minors; Kristen Thompson, individually and on behalf of P.T., a minor; Amy Nell, individually and on behalf of O.S., a minor; and Damaris Allen, individually and on behalf of E.A., a minor, on October 4, 2021, providing e-mail addresses, is acknowledged. However, in addition to filing such notice, counsel of record are responsible for ensuring their primary and/or secondary e-mail addresses under their profile in the Florida Courts E-Filing Portal and eDCA are consistent with the filed notice in order to receive e-mailed notification (Casemail) from the court. Profiles for eDCA users may be updated by clicking on the “My Profile” link and clicking the “Submit” button after making the desired changes.
10/07/2021 Cr. Appl-Pay Fee/Subm LT Ord Insolv 35.22(2)(b) Appellees Lesley Abravanel and Magnus Andersson, individually and on behalf of S.A. and A.A., minors; Kristen Thompson, individually and on behalf of P.T., a minor; Amy Nell, individually and on behalf of O.S., a minor, and Damaris Allen, individually and on behalf of E.A., a minor, have filed a notice of cross appeal in this case without the entry of a lower tribunal order of insolvency or deposit of the statutory filing fee.  Accordingly, Appellees/Cross-Appellants shall, within 30 days from the date of this order, either file a certified copy of the lower tribunal's order of insolvency for appellate purposes as required by Florida Rule of Appellate Procedure 9.430 or pay to the clerk of this Court the sum of $295.00 as the appellate filing fee required by the applicable rule of procedure and Section 35.22(2)(b), Florida Statutes (2018).  If Appellees/Cross-Appellants seek a waiver of the filing fee on the grounds of indigency, Appellees/Cross-Appellants shall file a motion and affidavit of indigency with the clerk of the lower tribunal (the court, agency, officer, board, commission, or body whose order is to be reviewed) for a determination by the lower tribunal of whether an order of insolvency should be issued pursuant to Rule 9.430 and Section 57.081(1) or 57.085(2), Florida Statutes (2018), as applicable. The cross appeal shall not be permitted to proceed until the order of insolvency is filed or the fee is paid.  Failure to comply with this order will result in the dismissal of the cross appeal without further opportunity to be heard. Florida Rule of Appellate Procedure 9.410.                             
10/07/2021 CROSS NOTICE FILING FEE PAID THROUGH PORTAL