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Date Docketed Description Filed By Notes
04/09/2020 Notice of Appeal Filed Daniel W. Uhlfelder 133922
04/09/2020 Order Appealed
04/09/2020 Notice of Appeal Transmittal Form Gwen Marshall
04/13/2020 Notice of Appeal / Acknowledgement letter Notice of Appeal from the lower tribunal reflecting a filing date of April 8, 2020.
04/15/2020 Appeal-Pay Fee/Submit LT Ord of Insolv ($300) Appellant has filed a notice of appeal in the lower tribunal without the entry of an order of insolvency or deposit of the statutory filing fee.  Accordingly, Appellant 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 $300.00 as the appellate filing fee required by the applicable rule of procedure and Section 35.22(2)(a), Florida Statutes (2018).  If Appellant seeks a waiver of the filing fee on the grounds of indigency, Appellant 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. This appeal shall not 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 this case without further opportunity to be heard.  Florida Rule of Appellate Procedure 9.410.
04/17/2020 Docketing Statement
05/15/2020 CASE FILING FEE PAID THROUGH PORTAL
06/19/2020 Motion (Other) Nicholas A Primrose 0104804 Motion for Order to Show Cause
06/19/2020 Received Records Gwen Marshall 898 pages
06/23/2020 Initial Brf - 20-Day SC or Dismiss Appellant has failed to timely file the initial brief.  Within 20 days from the date of this order, appellant shall file the initial brief or, alternatively, show cause why this appeal should not be dismissed for failure to comply with the rules and orders of this Court.  The failure to timely comply with this order will result in dismissal of this case without further opportunity to be heard.  Fla. R. App. P. 9.410.
06/25/2020 Deny Motion (Other) In light of the Court’s order of June 23, 2020, Appellee’s motion for order to show cause, filed June 19, 2020, is denied as moot.
07/13/2020 Initial Brief on Merits Daniel W. Uhlfelder 133922
07/15/2020 Appellee's Answer Brief Nicholas A Primrose 0104804
07/15/2020 Motion (Other) Nicholas A Primrose 0104804 motion to dispense with OA and for expedited opinion
07/29/2020 RESPONSE Daniel W. Uhlfelder 133922 AA's Response to Motion to Dispense with OA and for an Expedited Opinion
08/05/2020 Order The Court notes that the order on appeal is not final or appealable, because it merely grants a motion to dismiss and does not actually dismiss the case. See Fla. R. App. P. 9.110(l); Dedge v. Crosby, 914 So. 2d 1055, 1056 (Fla. 1st DCA 2005) (“[A]n order granting a motion to dismiss with prejudice is no more final than an order granting a motion to dismiss without prejudice.”); Johnson v. First City Bank of Gainesville, 491 So. 2d 1217, 1218 (Fla. 1st DCA 1987) (finding that an order that granted a motion to dismiss “with prejudice” without dismissing the case is not final and not appealable). On the Court’s own motion, we exercise our discretion to relinquish jurisdiction to the lower tribunal for 20 days for entry of a final, appealable order that actually dismisses the case and does not merely grant a motion. See Fla. R. App. P. 9.110(l). Appellant shall obtain such a final order and promptly file an amended notice of appeal directly with the clerk of this Court, attaching the final order. Failure to comply timely with this order may result in the imposition of sanctions, which may include dismissal of the appeal, without further opportunity to be heard. See Fla. R. App. P. 9.410. This order tolls further proceedings until the final, appealable order is filed with this Court.
08/17/2020 Motion To Withdraw as Counsel Nicholas A Primrose 0104804 Motion for Leave to Withdraw as Counsel for Governor DeSantis
08/17/2020 Notice of Appearance Joshua Elliott Pratt 0119347
08/25/2020 Motion for Extension of Time to File Response Daniel W. Uhlfelder 133922 Response and Motion for Extension of time to Respond to Court's Order of August 5, 2020.
09/08/2020 Grant Withdrawal of Appellee's Counsel     The motion to withdraw filed on August 17, 2020, by Nicholas A. Primrose, is granted. Mr. Primrose shall have no further obligations in this case, but Appellee shall continue to be represented by Joshua E. Pratt.
09/14/2020 Amended Notice of Appeal Daniel W. Uhlfelder 133922 8/27/20 corrected order attached
09/18/2020 Grant EOT Response to Court Order      Appellant’s motion for extension of time, filed August 25, 2020, is granted, and the Court accepts the amended notice of appeal filed September 14, 2020. Appellant may file a reply brief within 30 days of the date of this order. Appellee’s motion to dispense with oral argument and for an expedited opinion, filed July 15, 2020, is granted in part. This case is hereby accorded expedited review. No further extensions of time on briefs shall be granted. The Court will render a decision concerning oral argument, if it is requested, at a later date.