Court filing, 2022-01-27

Document EFTA 02734460¶

Fourth District Court of Appeal 110 South Tamarind Avenue West Palm Beach, Florida 33401 (561) 242-2000¶

ACKNOWLEDGMENT OF NEW CASE¶

DATE: January 27, 2022¶

STYLE: CA FLORIDA HOLDINGS, v. DAVE ARONBERQ-C)e BEACH POST Florida, et al.¶

LLC, Publisher of THE PALM Attorney of Palm Beach County,¶

The Fourth District Court of Appeal has received the Noti Of ‘St ‘C a’reflecting a filing date of January 27, 2022. \ i¶

The county of origin is Palm Beach.¶

The lower tribunal case number provided is 50 14681XXXXMB.¶

4DCA#: 22-0293¶

Fee Status: Due¶

Case Type:¶

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.¶

Other Final¶

ELECTRONIC FILING IS MANDATORY FOR ALL ATTORNEYS¶

Incoming filings must be submitted through the Florida Courts E-Filing Portal.¶

Outgoing filings will be sent by the Court through eDCA Casemail (https://edca.4dca.org). Attorneys who have not registered for eDCA will not receive paper documents from the court.¶

NEW FONT REQUIREMENTS EFFECTIVE JANUARY 1, 2021¶

All computer-generated documents are required to be filed in either Anal 14-point font or Bookman Old Style 14 point font. See Fla. R. App. P. 9.045(b).¶

FILING FEES MAY NOW BE PAID ELECTRONICALLY THROUGH THE FLORIDA COURTS E-FILING PORTAL -SEE THE COURTS WEBSITE FOR INSTRUCTIONS¶

cc: Collin D Michael J. Grygiel Clerk Palm Beach Douglas Wyler Nina D. Boyajian¶

Jessica Neer McDonald Stephen A. Mendelsohn¶

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NOT A CERTIFIED COPY¶

NOTICE TO ATTORNEYS AND TO PARTIES REPRESENTING THEMSELVES REVISED JANUARY 10, 2019¶

Please read the following court policies and requirements concerning the appeal or Ttyil have filed.¶

JMPORTANT REMINDERS¶

• FILING FEES MAY NOW BE PAID ELECTRONICALLY THROlial FILING PORTAL - SEE THE COURT’S WEBSITE FOR INSTRUCTIONS) FLORIDA COURTS E4

• PURSUANT TO ADMINISTRATIVE ORDER 2014-1, EMERGENCY FILINGS MUST BE ACCOMPANIED BY A SEPARATELY FILED REQUEST .14ERGENCY TREATMENT.

• ELECTRONIC FILING IS MANDATORY FOR submitted through the Florida Courts E-Filing through eDCA Casemail. Please visit paper documents to non-registered attorneys. YS. Incoming filings must be tgoing filings will be sent by the court ster for eDCA. The court will not send

• Pro se parties (parties representing them elves without a lawyer) may file electronically. Please visit www.myflcourtaccess.com and edca.4 ceps’ ter.

ELECTRONIC FILING TIPS AND APPEND!¶

• All electronic filings are requi It Jud. Admin. 2.520(b). Search o For documents con the document dir filed in a format capable of being electronically searched.” Fla. DFs may be created by: ing a word processing application, using the “Save As” function to save y to PDF format. There is no need to run Optical Character Recognition (“OCR”) to rntre the document searchable — it is done automatically. o For s ocrments, use the Adobe Acrobat “Text Recognition” function. Adobe Acrobat can to check and fix suspected OCR errors.
• On Se 7, 2017, the Supreme Court of Florida amended Florida Rule of Appellate Procedure 9.220, eff ye October 1, 2017. In re: Amendments to the Florida Rules of Appellate Procedure, 225 So. 3d 223, 228 (Fla. 2017). In amending Florida Rule of Appellate Procedure 9.220, the Florida Supreme Court established certain requirements for the electronic filing of appendices. Electronic appendices which do not comply with the amended Rule 9.220 will be stricken.

NOTICES¶

• 1. MOTIONS (Ha. It 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 served, and in any case not later than 15 days after service of the motion.
• 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¶

• Limited extensions for initial and answer briefs will be granted by the clerk tutiess the motion certifies that the opposing party opposes the motion.
• Extensions of time for preparation of the transcript or the record on ap atically extend the time for service of the initial brief.
• The court may limit extensions in any appeal. See paragraph 1 a tion requirements.
• In lieu of an agreed motion for extension of time to file tia answer or reply brief, pursuant to Fla. IL App. P. 9.300(a), the court will accept a otice rom a party that the parties have agreed to a specific extension of time. Effective .y 8, an agreed notice will be accepted for up to a total of 90 days for an initial or brief, and 15 days for a reply brief. The notice need not be signed by both parties. N i issue from the court please check the docket entry. This procedure shall not t appeals from adoptions, dependency, termination of parental rights, non-final o r y expedited or emergency appeal. See Administrative Order No. 2018-1 on the site for details as to the form of the notice.
• Extension requests beyond the timivira s et forth above, whether the prior extensions were by agreed notice or by order ntirg an extension, are disfavored and will not be granted absent a detailed exg, r tion or why the brief was not filed and a showing of extraordinary rcumstan

3. SERVICE OF FILINGS (Fla. R. p. P p420)¶

• All filings, e.g., motto ions, notices, briefs, appendices, etc., must contain a certificate of service. All certr’t es of service, including those on notices of appeal, must contain the name and physical ad o the attorney or party served, not just the email address.

4. STATUS IN¶

• Any for the current status of a pending case must be made to the clerk’s office and may e to a judge of the court or the personal staff of any judge. Attorneys and parties ting themselves may access case documents and dockets for their own cases via eDCA. c case dockets for all cases are available online at www.4dca,org.

5. RELATED CASES - NOTICE OF RELATED CASE¶

• 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.

6. TRANSCRIPTS¶

• All transcripts submitted as part 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.

7. 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 ensure that the circuit court clerk has included any relevant documentary evidence introduced at trial in the record on appeal.

8. SUPPLEMENTAL AUTHORITY (Fla. R. App. P. 9.225)¶

• A copy of the newly discovered authority should be attached to the notice should also designate clearly the issue to which the supplemental authority ent. Absolutely no argument or comment on the authority will be accepted.

9. ORAL ARGUMENT (Fla. R. App. P. 9.320)¶

• A request for oral argument shall be a separate filin contain no other subject. It shall not be made as p contain a specific but brief reason as to why oral
• It may contain a designation of 10, 15 or 20 argument. Oral argument for each side sh
• At any time before oral argument the co the time for oral argument as it dee
• Cases without oral argument are three judge panel as are cases ‘designated as such, and shall of or appendix. The request must necessary. amount of time requested for oral 20 minutes. scretion may dispense with, limit or expand to to the issues raised. to the same review, analysis and consideration by a

10. SCHEDULING CONFLICTS¶

• Calendar conflicts shal ed in accordance with Florida Rule of Judicial Administration 2.550. “Notices of ability” are unauthorized and will be automatically stricken. Requests for con ances of oral argument must be based on either a substantial commitment preexisting the t f the oral argument calendar or an emergency situation.

11. REHEARING¶

• Alth otions for rehearing are permitted by Fla. R. App. P. 9.330, they should be rare. See e Insurance Corporation v. Reams, 631 So. 2d 1100 (Fla. 4th DCA 1993) and 631 So. 2d 4th DCA 1994). Th beourt 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.

12. 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.

13. 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(3)(a), 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.

14. CONFIDENTIAL APPELLATE JUDGE FEEDBACK FORM FOR ATTORNEYS¶

• Please go to our website, www.4dca.org, click on “Clerk’s Office”, th Judge Feedback Form for Attorneys” for the link to the information on ‘dc on “Appellate a Bar website.

15. CHANGES OF ADDRESS¶

• All attorneys representing parties in this court and parti promptly notify this court of any change of address. nting themselves must

16. DROP Box¶

• The Court does not maintain a physical drop u are representing yourself or an attorney exempt from electronic filing and w your paper filing to be clocked-in and filed for the previous business day, you m document at the Clerk’s Office BEFORE 9:00 A.M. If it is after 9:00 A.M., no ocked-in for the previous business day.
• IMPORTANT: The drop box does n x ‘ctional time limits. See Capone v. Fla. Board of Regents, 774 So. 2d 825 (Fla. 4th . Petitions for original writs, notices of appeal, and notices to invoke discretionary will be clocked-in for the date they are electronically filed or received as a paper Clerk’s Office.

17. AMERICANS WITH DISABIL¶

• If you are a person wit bility who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, the provision of certain assistance.
• At least 7 da before-Sr-our scheduled court appearance, or immediately upon receiving this notificati the time before the scheduled appearance is less than 7 days, please contact:

Marshal el DiGiacomo¶

Fourth ‘et Court of Appeal¶

110 South Tamarind Ave.¶

West Palm Beach, FL 33401¶

Telephone (561) 242-2000; (800) 955-8771 (TDD); or (800) 955-8770 (V) via Florida Relay Service¶

If you are hearing or voice impaired, call 711.¶