# Document EFTA 02735087



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

# ACKNOWLEDGMENT OF NEW CASE

44,4'

DATE: March 03. 2023

11 STYLE: DAVE ARONBERG, as State v. CA FLORIDA HOLD1 S, LC, Attorney of Palm Beach Publisher of THE eI BEACH County, Florida POST

4DCA#: 23-0536

The Fourth District Court of Appeal has received the Notic AitivQ reflecting a filing date of March 1, 2023.

The county of origin is Palm Beach.

The lower tribunal case number provided is 502019CaiJ681.

Fee Status: Not Required

Case Type:

The Fourth District Court of Appeal's Cd, mber must be utilized on all pleadings and correspondence filed in this cause. Moreover, ALL PL UGS MUST INCLUDE THE ATTORNEYS 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 Arial 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 COURT'S WEBSITE FOR INSTRUCTIONS

(7r: Arthur Douglas Wyler Michael J. Grygiel Nina D. Boyajian Stephen A. Mendelsohn Clerk Palm Beach

Lauren R. Whetstone Richard J. Scholz

NOTA CERTIFIED COPY



# NOTICE TO ATTORNEYS AND TO PARTIES REPRESENTING THEMSELVES REVISED OCTOBER 1, 2022

Please read the following court policies and requirements concerning the case you haled.

### IMPORTANT REMINDERS
- FILING FEES MAY NOW BE PAID ELECTRONICALLY THRO FILING PORTAL - SEE THE COURT'S WEBSITE FOR INSTRU
- PURSUANT TO ADMINISTRATIVE ORDER 2014-1, ERGENCY FILINGS MUST BE ACCOMPANIED BY A SEPARATELY FILED REQUES ERGENCY TREATMENT.
- Electronic filing is mandatory for all attorneys. Ince) ' ust be submitted through the Florida Courts E-Filing Portal. Outgoing filings will be e urt through eDCA Casemail. Please visit edca.4dca.org to register for eDCA. The cou n send paper documents to non-registered attorneys.
- Parties representing themselves with a l7<wyer may file electronically. Please visit www.myfIcourtaccess.com to register.
- Parties representing themselves wi t yer who are not in custody and have not been excused from e-mail service pursuant Rule of General Practice and Judicial Administration 2.516(b)(1)(D) must register f eD o receive filings issued by this court by e-mail using their designated primary e-mail ad ss Please visit edca.4dca.org to register for eDCA. FLORIDA COURTS E-

### ELECTRONIC FILING TIPS. COMP ENERATED DOCUMENTS. AND APPENDICES
- All electronic filth are
- R. Gen. Prac. o Ford the ired to be "filed in a format capable of being electronically searched." Fla. in. 2.520(b). Searchable PDFs may be created by: s composed using a word processing application, using the "Save As" function to save t directly to PDF format. There is no need to run Optical Character Recognition ) to make the document searchable — it is done automatically. o For .canned documents, use the Adobe Acrobat "Text Recognition" function. Adobe Acrobat can also be used to check and fix suspected OCR errors.
- Computer-generated documents which do not comply with the font requirements of Florida Rule of Appellate Procedure 9.045(b) and electronically filed appendices which do not comply with Florida Rule of Appellate Procedure 9.220(c) will be stricken.

### NOTICES
- 1. MOTIONS (Fla. 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 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 briefs can be granted by the Clerk, unless the t rtifies that the opposing party opposes the motion and the opposing party files a which contains a valid opposition to the motion.
- The court may limit extensions in any appeal. See paragraph
- In lieu of an agreed motion for extension of time to file court will accept a notice from a party that the parti time. An agreed notice will be accepted for up to a t and 15 daysfor a reply brief. The notice need not from the court: please check the docket entry adoptions, dependency, termination of p emergency appeal. See Administrative the form of the notice.
- Extension requests beyond the ti were by agreed notice or by granted absent a detailed extraordinary circumsta motion requirements. , answer, or reply brief, the to a specific extension of for an initial or answer brief, y both parties. No order will issue um shall not apply to appeals from ts, nonfinal orders, or any expedited or 018-1 on the court's website for details as to s set forth above, whether the prior extensions ting an extension, are disfavored and will not be for why the brief was not filed and a showing of

### 3. SERVICE OF RUNGS (Fla. R. A .9.420)
- All filings, e.g., service. All rtifi and physi add servi ns, petitions, notices, briefs, appendices, etc., must contain a certificate of te of service, including those on notices of appeal, must contain the name of the attorney or party served, not just the e-mail address. Certificates of ply with Florida Rule of General Practice and Judicial Administration 2.516(f).

### 4. STATUS
- uest for the status of a pending case must be made to the Clerk's Office and may not be to a judge of the court or the personal staff of any judge. Attorneys and parties representing themselves may access case documents and dockets for their own cases via eDCA. Public case dockets for all cases are available online at 4dca.flcourts.gov.

### 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 lower tribunal 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 noti The notice should also designate clearly the issue to which the supplemental authority nt. The notice shall not contain argument, but may identify briefly the issues ar appeal to which the supplemental authorities are pertinent.

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

- A request for oral argument shall be a separate fi contain no other subject. It shall not be made as pa contain a specific but brief reason as to why participate in oral argument through commu request for oral argument and must communication technology is requeste
- The request for oral argument may c of time requested for oral argument.
- At any time before oral argum the time for oral argument
- Cases without oral argu three judge panel as a le esigrtated as such, and shall of or appendix. The request must ent is necessary. A request to chnology must be included within the reason why oral argument through sagnation of 10, 15 or 20 minutes as the amount ment for each side shall not exceed 20 minutes. co rt in its discretion may dispense with, limit or expand s appropriate to the issues raised. ubject to the same review, analysis and consideration by a t are orally argued.

### 10. SCHEDULING CONFLI

- Calendar conflicts Judicial autom sub situ be resolved in accordance with Florida Rule of General Practice and inistriffion 2.550. "Notices of Unavailability" are unauthorized and will be icken. Requests for continuances of oral argument must be based on either a mmitment preexisting the receipt of the oral argument calendar or an emergency

### II. REHEARI
- Although motions for rehearing are permitted by Florida Rule of Appellate Procedure 9.330, they should be rare. See Lawyers Title Ins. Corp. m Reitzes, 631 So. 2d 1100, 1100-01 (Fla. 4th DCA 1993).
- 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 attorneys 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); Fla. R. Gen. Prac. & Jud. Admin. 2.510.
- Pursuant to Section 35.22(3)(a), Florida Statutes, the Clerk is required to coll ct a \$100 filing fee from each attorney appearing pro hac vice, an order for the payment o when and if the motion to appear is granted. An additional fee of Florida Bar. ich will be issued quired by the

### 14. MAINTENANCE OF EDCA EMAIL ADDRESSES AND CHANGES OF AD

- eDCA users must ensure that their primary and secondary e ail a dresses are up to date.
- Parties representing themselves who receive paper films romptly notify this court of any change of address.

### 15. DROP Box

- The Court does not maintain a physical x. If you are representing yourself or an attorney exempt from electronic filing oul like your paper filing to be clocked-in and filed for the previous business day s, le the document at the Clerk's Office BEFORE 9:00 A.M. If it is after 9:00 A.M., no II I be clocked-in for the previous business day.
- IMPORTANT: The drop box tend jurisdictional time limits. See Capone v. Fla. Board of Regents, 774 So. 2d 825 (Fl 2000). Petitions for original writs, notices of appeal, and notices to invoke discreti iction will be clocked-in for the date they are electronically filed or received as a p r filj in the Clerk's Office.

### 16. AMERICANS WITH DIS ACT
- If you area this p
- At le. da notifi rso Ilh a disability who needs any accommodation in order to participate in yo are entitled, at no cost to you, the provision of certain assistance. fore your scheduled court appearance, or immediately upon receiving this e time before the scheduled appearance is less than 7 days, please contact:

Daniel DiGiacomo Fo h District 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.