EFTA00592356.pdf

IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT, 1525 PALM BEACH LAKES BLVD., WEST PALM BEACH, FL 33401 June 23, 2014 CASE NO.: 4D14-2282 L.T. No.: 502009CA040800XXXXM B BRADLEY J. EDWARDS v. JEFFREY EPSTEIN and SCOTT ROTHSTEIN Appellant / Petitioner(s) Appellee / Respondent(s) BY ORDER OF THE COURT: 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, 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 the entry of this order. 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. 4DCA 1997). Failure of the attorney to pay will result in referral to the Florida Department of Banking and Finance 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. Served: cc: Fred Haddad William B. King Tonja Coleman tw W. Chester Brewer Jack Alan Goldberger LONN WEISSBLUM, Clerk Fourth District Court of Appeal Philip M. Burlington Mark Nurik Clerk Palm Beach EFTA00592356 Fourth District Court of Appeal 1525 Palm Beach Lakes Blvd. West Palm Beach, Florida 33401 (561) 242-2000 ACKNOWLEDGMENT OF NEW CASE DATE: June 23, 2014 STYLE: BRADLEY J. EDWARDS v. JEFFREY EPSTEIN and SCOTT ROTHSTEIN 4DCA#: 14-2282 The Fourth District Court of Appeal has received the Notice of Appeal reflecting a filing date of June 19. 2014. The county of origin is Palm Beach. The lower tribunal case number provided is 502009CA040800XXXXMB. The filing fee is DUE. Case Type: Civil Other Final The Fourth District Court of Appeal's case number must be utilized on all pleadings and correspondence filed in this cause. Moreover, ALL PLEADINGS MUST INCLUDE THE ATTORNEY'S FLORIDA BAR NUMBER and a physical address. As of May 1, 2013, attorneys are required to electronically file all documents at eDCA.4DCA.org. cc: Fred Haddad W. Chester Brewer Philip M. Burlington William B. King Jack Alan Goldberger Mark Nurik Tonja Coleman tw EFTA00592357 FOURTH DISTRICT COURT OF APPEAL NOTICE TO ATTORNEYS AND PARTIES REVISED AUGUST 21,2013 Please read the following court policies and requirements concerning the appeal or petition you have filed. MANDATORY ELECTRONIC FILING BEGINS MAY 1, 2013 Mandatory electronic filing by attorneys begins May 1,2013. Please go to our website www.4dca.org for details and administrative orders. Pro se parties may not file electronically and must continue to file documents in paper. Attorneys may request a hardship waiver from the court to continue to file paper documents. 1. MOTIONS: Ha. R. App. P. 9.300. Excessive motion practice is strongly discouraged. Any record material supporting a motion shall be contained in an appendix with the motion. Motions concerning preparation of the record or brief, extensions of time (see paragraph 2 below), or to reschedule oral argument, shall contain a certificate that opposing counsel has been consulted and shall state whether opposing counsel has an objection to the motion. Attempts to contact opposing counsel are not sufficient. Any response to a motion shall be promptly filed, and in any case not later than 10 days after service. Motions for extension of time or to supplement the record may be ruled on without waiting for a response. No reply to the response will be considered unless specifically authorized by this Court. Any unauthorized reply will be stricken without consideration. 2. EXTENSIONS OF TIME: Fla. R. App. P. 9.300. Limited extension for initial and answer briefs will be granted by the clerk, unless the motion certifies that the opposing party opposes the motion. Extensions of time for preparation of the transcript or the record on appeal automatically extend the time for service of the initial brief. The court may limit extensions in any appeal. See paragraph 1 above for motion requirements. Additionally, in lieu of an agreed motion for extension of time to file an initial, answer or reply brief, pursuant to Fla. R. App. P. 9.300(a), the court will accept a notice from a party that the parties have agreed to a specific extension of time. An agreed notice will be accepted for up to a total of 120 days for an initial or answer brief, and 60 days for a reply brief. The notice need not be signed by both parties. No order will issue from the court: please check the docket entry. This procedure shall apply to criminal and civil appeals, including dissolutions of marriage. It shall not apply to appeals from adoptions, dependency, termination of parental rights, non-final orders, or any expedited or emergency appeal. See Administration Order No. 2011-2 on the court's website for details as to the form of the notice. 3. SERVICE OF FILINGS: Fla. R. App. P. 9.420. All filings, c.g., motions, petitions, notices, briefs, appendices. etc., must contain a certificate of service. All certificates of service, including those on notices of appeal, must contain the name and physical address of the attorney or party served, not just the email address. 4. EMERGENCY FILINGS: Every motion or petition filed in this court designated as an - emergency" by the filer must contain a certificate certifying the existence and nature of the emergency. The filer must notify the court immediately in the event the emergency no longer exists. 5. STATUS INQUIRIES: Any request for the current status of a pending case must be made to the clerk's office and may not be made to a judge of the court or the personal staff of any judge. Case dockets are available online at www.4dca.org. 6. RELATED CASES: All parties shall promptly bring to the court's attention the pendency in this court of any related case, or any case involving related issues. In criminal cases where multiple defendants participated in a joint trial, the parties shall notify the court of any other appeals, whether pending or concluded, from the same trial. 7. TRANSCRIPTS: All transcripts submitted as pan of the record must appear as one page of transcript per page. Four pane transcripts (four pages of transcript on a page) will be rejected. 8. PHYSICAL EXHIBITS: No physical evidence (excluding documents) or outsized exhibits shall be included in the record on appeal without the party first requesting permission of the court. It is the responsibility of the party to insure that the circuit court clerk has included any relevant documentary evidence introduced at trial in the record on appeal. EFTA00592358 9. SUPPLEMENTAL AUTHORITY: Fla. R. App. P. 9.225. A copy of the newly discovered authority should be attached to the notice. The notice should also designate clearly the issue to which the supplemental authority is pertinent. Absolutely no argument or comment on the authority will be accepted. 10. ORAL ARGUMENT: Fla. R. App. P. 9.320. A request for oral argument shall be a separate filing, clearly designated as such, and shall contain no other subject. It shall not be made as part of a brief or appendix. The request must contain a specific but brief reason as to why oral argument is necessary. It may contain a designation of 10, 15 or 20 minutes as the amount of time requested for oral argument. Oral argument for each side shall not exceed 20 minutes. At any time before oral argument the court in its discretion may dispense with, limit or expand the time for oral argument as it deems appropriate to the issues raised. Cases without oral argument are subject to the same review, analysis and consideration by a three judge panel as are cases that are orally argued. 11. SCHEDULING CONFLICTS: Calendar conflicts shall be resolved in accordance with Florida Rule of Judicial Administration 2.550. "Notices of Unavailability" are unauthorized and will be automatically stricken. Requests for continuances of oral argument must be based on either a substantial commitment preexisting the receipt of the oral argument calendar or an emergency situation. 12. REHEARING: Although motions for rehearing are permitted by Fla. I. App. P. 9.330, they should be rare. See Lawyers Title Insurance Corporation v. Reims, 631 So.2d 1100 (Fla. 4Th DCA 1993) and 631 So.2d 1101 (Fla. 4'h DCA 1994). The court strongly discourages the practice of routinely filing such motions or the filing of those which merely re-argue the merits or question the court's decision. Where there has been an award of attorney's fees on appeal in connection with our decision on the merits, additional fees will be awarded upon a denial of a motion for rehearing. 13. RIGHTS OF CHILDREN: Fla. R. App. P. 9.146. Cases involving adoption, termination of parental rights, and those involving families and children in need of services are expedited. Consult the rule for the time and procedure requirements. Cases relating to child custody, visitation privileges, or other substantial interests of children will be expedited upon proper motion. 14. ATTORNEYS NOT LICENSED IN FLORIDA: Attorneys who are members in good standing in other jurisdictions may be granted permission by court order to appear in proceedings in this court. See Fla. R. App. P. 9.440(a) and the requirements contained in Florida Rule of Judicial Administration 2.510 (formerly Florida Rule of Judicial Administration 2.061). Pursuant to Section 35.22(3Xa), Florida Statutes, the clerk is required to collect a $100 filing fee from each attorney appearing pro hac vice, an order for the payment of which will be issued when and if the motion to appear is granted. An additional fee of $250 is required by the Florida Bar. IS. CONFIDENTIAL APPELLATE JUDGE FEEDBACK FORM FOR ATTORNEYS: Please go to our website, www.4dca.ore, click on "Clerk's Office", then click on "Appellate Judge Feedback Form for Attorneys" for the link to the information on The Florida Bar website. 16. CHANGE OF ADDRESS OF ATTORNEYS OR PARTIES: All attorneys representing parties in this court and parties representing themselves must promptly notify this court of any change of address. 17. DROP BOX: The Court does not maintain a physical drop box. If you are pro se or an attorney exempt from electronic filing and would like your paper filing to be clocked-in and filed for the previous business day, you must file the document at the Clerk's Office BEFORE 9:00 M. If it is after 9:00 no filings will be clocked-in for the previous business day. IMPORTANT: The drop box does not extend jurisdictional time limits. See Capone v. Fla. Board of Regents, 774 So.2d 825 (Fla. 4'h DCA 2000). Petitions for original writs, notices of appeal, and notices to invoke discretionary jurisdiction will be clocked-in for the date they are electronically filed or received as a paper filing in the Clerk's Office. 18. AMERICANS WITH DISABILITIES ACT: If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, the provision of certain assistance. Please contact the Marshal, Daniel DiGiacomo, 4Th District Court of Appeal, 1525 Palm Beach Lakes Blvd., West Palm Beach, Florida 33401, telephone (561)242-2000; 1-800-955-8771(TDD): or I- 800-955-8770(V) via Florida Relay Service, at least 7 days before your scheduled court appearance, or immediately upon receiving this notification if the time before the scheduled appearance is less than 7 days; if you are hearing or voice impaired, call 711. EFTA00592359 DISTRICT COURT OF APPEAL, FOURTH DISTRICT STATE OF FLORIDA NOTICE To All Unregistered Attorneys December 11, 2013 In order to receive electronic notification of documents filed in or issued by this Court, all attorneys in cases before this Court are required to register with the Court's electronic filing system, eDCA. Pursuant to Administrative Order 2013-1, attorneys were required to register with eDCA on May 1, 2013 and are required to file all pleadings electronically. Letters of acknowledgment, court orders, court opinions, and court mandates are issued to registered users through electronic Casemail ONLY with no paper copies being mailed to registered users. Additionally, registered users will receive electronic Casemail when a document is filed by counsel, court reporter, lower tribunal. etc. Unless a hardship waiver of the registration requirement has been obtained, the Clerk of the Court shall cease mailing paper copies of all communications from the Court. DO NOT MISS RECEIVING NOTICES OF IMPORTANT COURT AND OTHER ACTIONS IN THIS CASE To register with eDCA, attorneys must visit the Court's website, www.4dca.orq, and click on the "eDCA" link at the top of the page. That link will take users to a log-in page which allows registered users to log in to eDCA and instructs unregistered users how to register. Registrations are processed during regular business hours of the clerk's office. LONN WEISSBLUM, Clerk Fourth District Court of Appeal EFTA00592360