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Date Docketed Description Filed By Notes
10/30/2019 Notice of Appeal Filed Winsor Daniel 0736554
10/31/2019 Acknowledgment Letter
10/31/2019 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, or a circuit court clerk's determination of indigent status, did not accompany the Notice of Appeal as required in Florida Rules of Appellate Procedure 9.110(b) and 9.140(a). The filing fee is due and payable at the time of filing REGARDLESS OF WHETHER THE APPEAL IS LATER DISMISSED VOLUNTARILY OR ADVERSELY. ORDERED that appellant shall pay the $300.00 filing fee or file the circuit court 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 circuit court clerk's determination of indigent status is filed.
10/31/2019 Appellant to File Order Appealed-Civil ORDERED that appellant is directed to file, within fifteen (15) days from the date of this order, a conformed copy of the order being appealed. See Florida Rule of Appellate Procedure 9.110(d). This copy must contain a legible stamp from the clerk of the lower tribunal, showing the date and time the order being appealed was filed in that office.
11/01/2019 Miscellaneous Order The court determines that a motion for rehearing is pending in the circuit court. ORDERED that the above-styled case is stayed until the circuit court disposes of the motion for rehearing and appellant files a copy of the order in this court. On that date, the stay will be automatically lifted, and the briefing schedule shall run from that date. See Fla. R. App. P. 9.020(h)(2)(C). If the circuit 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.
11/11/2019 Case Filing Fee Paid Through Portal
11/18/2019 Notice of Filing Winsor Daniel 0736554 ORDERS.
11/26/2019 Affidavit OF NON-PAYMENT OF APPEAL INVOICE
12/05/2019 Order for Status Report Re: ROA Upon consideration of the affidavit of non-payment of appeal invoice filed by the clerk of the lower tribunal on November 26, 2019, appellant is ordered to file a report within ten (10) days from the date of this order, as to the status of the payment for the record on appeal.
12/10/2019 Order to File Status Report ORDERED that the appellant is directed to file a status report within ten (10) days from the date of this order regarding the progress being made towards the disposition of the motion for rehearing in the trial court.
12/10/2019 Notice Winsor Daniel 0736554 OF PAYING APPEAL INVOICE.
12/16/2019 Status Report Winsor Daniel 0736554
01/09/2020 Received Records Clerk Broward CC01 (314 PAGES)
01/21/2020 Miscellaneous Motion Winsor Daniel 0736554 TO DETERMINE DUE DATE OF INITIAL BRIEF.
01/22/2020 Grant Miscellaneous Motion ORDERED that appellant's January 21, 2020 "motion to determine date certain due date of appellant initial brief" is granted. Appellant's initial brief shall be served on or before February 24, 2020. All further briefing shall take place in accordance with Florida Rule of Appellate Procedure 9.210.
02/24/2020 Initial Brief on Merits Winsor Daniel 0736554
04/01/2020 Notice of Agreed Extension - Answer Brief Joseph Brian Lancos 124769
04/01/2020 Recognizing Agreed Extension of Time TO 4/24/20.
04/24/2020 Mot. for Extension of time to file Answer Brief Joseph Brian Lancos 124769 **AMENDED MOTION FILED**
04/27/2020 Response Winsor Daniel 0736554
04/27/2020 Motion For Attorney's Fees Winsor Daniel 0736554
04/27/2020 Mot. for Extension of time to file Answer Brief Joseph Brian Lancos 124769 **AMENDED**
05/01/2020 Motion For Attorney's Fees Joseph Brian Lancos 124769
05/04/2020 Appellee's Answer Brief Joseph Brian Lancos 124769
05/04/2020 Order Granting EOT for Answer Brief Upon consideration of appellant's April 27, 2020 response, it is ORDERED that appellee's April 27, 2020 amended motion for extension of time to file answer brief is granted. The answer brief is deemed properly filed as of the date of this order.
06/03/2020 Notice of Agreed Extension - Reply Brief Winsor Daniel 0736554
06/03/2020 Recognizing Agreed Extension of Time 15 DAYS TO 6/18/20.
06/18/2020 Appellant's Reply Brief Winsor Daniel 0736554
07/31/2020 Stipulation for Substitution of Counsel NOTICE
01/27/2021 Affirmed in Part/Reversed in Part - Authored Opinion
01/27/2021 Order Granting Attorney Fees-Prevailing ORDERED that appellee Mahogany Way Homeowners Association Inc.’s May 1, 2020 motion for appellate attorney's fees is granted conditioned on the trial court determining that appellee is the prevailing party and, if so, setting the amount of the attorney's fees to be awarded for this appellate case. If a motion for rehearing is filed in this court, then services rendered in connection with the filing of the motion, including but not limited to preparation of a responsive pleading, shall be taken into account in computing the amount of the fee.
01/27/2021 Order Granting Attorney Fees-Prevailing ORDERED that appellant’s April 27, 2020 “motion for entitlement to prevailing party attorney's fees” is granted conditioned on the trial court determining that appellant is the prevailing party and, if so, setting the amount of the attorney's fees to be awarded for this appellate case. If a motion for rehearing is filed in this court, then services rendered in connection with the filing of the motion, including but not limited to preparation of a responsive pleading, shall be taken into account in computing the amount of the fee.
02/12/2021 Mandate
02/12/2021 West Publishing