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Date Docketed Description Filed By Notes
11/19/2019 Notice of Appeal Filed Tommy Dewayne Lay set up as styled
11/19/2019 Notice of Appeal Transmittal Form Gregory J. Johnsen
11/19/2019 Order Appealed
11/20/2019 Worker's Compensation / Acknowledgement letter The First District Court of Appeal has received the Notice of Appeal in this Workers’ Compensation action, filed in this Court on November 19, 2019, and in the lower tribunal on November 19, 2019.
11/20/2019 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.
11/20/2019 Case Filing Fee
12/03/2019 Docketing Statement
12/30/2019 Notice David Langham JCC notice of failure to deposit estimated cost of preparation of ROA
01/10/2020 RESPONSE Tommy Dewayne Lay to notice filed 12/30/19
01/16/2020 Order Upon review of Appellant’s January 10, 2020, response to the Court’s December 30, 2019, notice regarding the cost of preparing the record, Appellant is directed to contact the lower tribunal to clarify the contents of the record, the amount due for preparing it, and where to send payment. Appellant is also responsible for ensuring that the lower tribunal and this Court are apprised of his correct mailing address.
02/26/2020 Record - 20-Day SC or Dismiss DISCHARGED Appellant has failed to timely file the record on appeal. Within 20 days from the date of this order, appellant shall ensure the filing of the record or show cause why this appeal should not be dismissed for failure to obey the rules and orders of this Court. If the record is not filed or appellant fails to file a response within the time allowed, this appeal shall be dismissed without further notice or opportunity to be heard. Florida Rule of Appellate Procedure 9.410.
03/16/2020 RESPONSE Tommy Dewayne Lay to 2/26/20 order SC
04/03/2020 Order Upon review of Appellant’s March 16, 2020, response to the Court’s February 26, 2020, order, Appellant is directed to pay for, and arrange for the transmission of, the record for this appeal within fifteen days of the date of this order. If, upon the record’s transmission, Appellant contends it is incorrect or incomplete, he may move to correct or supplement it pursuant to Florida Rule of Appellate Procedure 9.200(f). Failure to comply with this order shall result in dismissal without further opportunity to be heard. See Fla. R. App. P. 9.410.
04/20/2020 RESPONSE Tommy Dewayne Lay to 4/3/20 order SC
04/22/2020 Mot for Extension of Time to File Ct. Rpter Note Gregory J. Johnsen (L/T- Order attached)
05/20/2020 Mot for Extension of Time to File Ct. Rpter Note Clara C. Rotruck
05/21/2020 Grant Court Reporter Ext Transcript      The lower tribunal court reporter’s request for a fifteen-day extension of time to prepare the record on appeal is granted, and the record is now due on or before June 9, 2020.
06/09/2020 Received Records David Langham JCC 10647 pages scanned ftp
06/09/2020 Transcript Received David Langham JCC 491 pages
06/09/2020 Transcript Received David Langham JCC 491 pages SEALED
06/09/2020 Received Records David Langham JCC 10647 pages SEALED
06/22/2020 Discharge Show Cause Ord Based on Resp In consideration of the Lower Tribunal’s record on appeal, docketed June 9, 2020, the show cause order of February 26, 2020, is hereby discharged.
07/15/2020 Motion (Other) Tommy Dewayne Lay
08/03/2020 Grant Motion to Supplement the Record Appellant’s July 15, 2020, motion is treated as a motion to supplement the record and is granted. Within fifteen days from the date of this order, the lower tribunal is directed to compile and certify a supplemental record (designated as such) to include the item (driver license or facsimile) referenced in the motion, if in the lower tribunal’s possession, as well as Appellant’s December 2, 2019 directions to clerk and the March 10, 2020 and March 12, 2020, filings in the lower tribunal. Any citation to the supplemental record shall refer to the PDF page number, and shall substantially comply with the following citation form: (SR.4-6). Appellant is notified that his initial brief was due on July 9, 2020. Therefore, Appellant shall serve his initial brief no later than ten days after receiving the supplemental record.
08/06/2020 RESPONSE Gary M. Schloss 0972835 to 8/3 order and Motion to Supplement the Record
08/11/2020 Supplemental Records David Langham JCC 29 pages - Supplement 1
08/11/2020 Supplemental Records David Langham JCC 29 pages SEALED - Supplement 1
08/13/2020 Order Appellees’ August 6, 2020, response is noted. Regarding Appellees’ request for clarification, the record in this appeal consists of those items docketed with the court on June 9, 2020 (records and transcripts), and any items filed pursuant to the court’s August 3, 2020, order. References to the 491-page item docketed on June 9, 2020, should be to the pdf page number.
09/01/2020 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.
09/21/2020 Motion To File Supplemental Record Tommy Dewayne Lay (thumb drive received)
09/21/2020 Received Exhibits Tommy Dewayne Lay 1 Brown env. (1 thumb Drive)
09/22/2020 RESPONSE Tommy Dewayne Lay to 9/1 order and EOT
10/13/2020 Deny Motion to Supplement the Record Appellant’s September 21, 2020, motion to file supplemental record is denied. Appellant is referred to Appellees’ response filed August 6, 2020 and the supplemental records filed August 11, 2020. Both filings indicate the locations in the record a driver license. Appellant is also referred to pages 96-98 of the transcript of the proceedings held October 15, 2019, and pages 10-11, and 17-18, of the final order on appeal in this matter. Within ten days of 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. See Fla. R. App. P. 9.410.
10/26/2020 Mot. for Extension of time to file Initial Brief Tommy Dewayne Lay
10/27/2020 Grant Initial Brf Ext-Warning of Case Dism     Appellant’s October 26, 2020, motion is treated as a response showing cause why this appeal should not be dismissed for Appellant’s failure to comply with this Court’s rules and orders. Appellant’s request for additional records is denied for the reasons set forth in this court’s October 13, 2020, order and prior orders addressing the record. Appellant’s request for an extension of time for serving the initial brief is granted in part. Appellant shall serve his initial brief no later than November 30, 2020. Failure to comply with this order shall result in this appeal being dismissed without further opportunity to be heard.
11/30/2020 Mot. for Extension of time to file Initial Brief Tommy Dewayne Lay and motion to treat filing as confidential
12/07/2020 Order Appellant’s November 30, 2020, motion for extension of time to serve the initial brief is denied. Pursuant to this Court’s warning by order dated October 27, 2020, that failure to serve the initial brief on or before November 30, 2020, would result in dismissal of this appeal without additional opportunity to be heard, and based on Appellant’s repeated requests to supplement the record with the same documents that have already been added to the record, this appeal is hereby dismissed. OSTERHAUS, WINOKUR, and JAY, JJ., concur.
12/07/2020 Dismissed - Order by Judge
12/07/2020 Case Closed
12/21/2020 Motion For Reconsideration Tommy Dewayne Lay and mot of response
12/21/2020 Received Exhibits Tommy Dewayne Lay 1 Brown env. (1 USB Flash Drive) Exhibit 2 for Motion For Reconsideration and mot of response
01/06/2021 Order Denying Appellant’s motion for reconsideration docketed December 21, 2020, is denied.
01/07/2022 Returned Exhibits 1 Brown env. (1 USB Flash Drive) Exhibit 2 for Motion For Reconsideration and mot of response 1 Brown env. (1 thumb Drive)