Narrative Opinion Summary
The court reconsiders its earlier opinion in Strax Rejuvenation Aesthetics Institute, Inc. v. Shield, following a quashing by the Florida Supreme Court. On remand, an evidentiary hearing is mandated to ascertain the actual date the notice of appeal was filed in the circuit court. Strax must provide competent and substantial evidence to rebut the presumption that the clerk's time stamp on the notice of appeal is accurate. Additionally, Strax is required to submit a copy of the circuit court order detailing the findings on the filing date to this court within ten days of that order's entry. The case is remanded for further proceedings, with Judges Taylor and Hazouri concurring.
Legal Issues Addressed
Evidentiary Hearing Requirementsubscribe to see similar legal issues
Application: The court mandates an evidentiary hearing to determine the actual date the notice of appeal was filed, emphasizing the necessity for Strax to provide evidence to challenge the clerk's time stamp.
Reasoning: On remand, an evidentiary hearing is mandated to ascertain the actual date the notice of appeal was filed in the circuit court.
Presumption of Clerk's Time Stamp Accuracysubscribe to see similar legal issues
Application: Strax is tasked with providing competent and substantial evidence to counter the presumption that the clerk's time stamp on the notice of appeal is accurate, highlighting the burden of proof on the appellant.
Reasoning: Strax must provide competent and substantial evidence to rebut the presumption that the clerk's time stamp on the notice of appeal is accurate.
Remand for Further Proceedingssubscribe to see similar legal issues
Application: The case is remanded for additional proceedings, confirming the appellate court's decision to allow further examination and resolution of the filing date issue.
Reasoning: The case is remanded for further proceedings, with Judges Taylor and Hazouri concurring.
Submission of Circuit Court Ordersubscribe to see similar legal issues
Application: Strax is obligated to submit a copy of the circuit court's order detailing the findings on the filing date to the appellate court within a specified timeframe, ensuring prompt communication of findings.
Reasoning: Strax is required to submit a copy of the circuit court order detailing the findings on the filing date to this court within ten days of that order's entry.