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COURTNEY ECKMANN, Appellant(s) v. CHRIS-TEL COMPANY OF SOUTHWEST FLORIDA, INC., BATEMAN CONTRACTING, LLC, COMMUNITY ASPHALT CORP. AND TINCHER CONCRETE CONSTRUCTION, INC. Appellee(s).
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6D2023-4023
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2023-11-20
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Open
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|
| Classification |
NOA Final - Circuit Civil - Other
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| Court |
6th District Court of Appeal
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| Originating Court |
Circuit Court for the Twentieth Judicial Circuit, Lee County
21-CA-000997
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Parties
| Name |
COURTNEY ECKMANN
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
BRIAN J. LEE, ESQ.
|
|
| Name |
CHRIS-TEL COMPANY OF SOUTHWEST FLORIDA, INC.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
MATTHEW J. CONIGLIARO, ESQ., JEREMY ANGEL CHEVRES, ESQ., KENNETH M. OLIVER, ESQ., FORREST ANDREWS, ESQ.
|
|
| Name |
TINCHER CONCRETE CONSTRUCTION, INC.
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| Role |
Appellee
|
| Status |
Active
|
| Representations |
MARK TOMLINSON, ESQ., DAVID S. PRESTON, ESQ.
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|
| Name |
COMMUNITY ASPHALT CORP.
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| Role |
Appellee
|
| Status |
Active
|
| Representations |
STEVEN E. KRANZ, ESQ.
|
|
| Name |
BATEMAN CONTRACTING, LLC.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
JENNIFER D. BURBY, ESQ., PAUL M. WEEKLEY, ESQ.
|
|
| Name |
HONORABLE ALANE LABODA
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
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|
| Name |
KEVIN KARNES, CLERK
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| Role |
Lower Tribunal Clerk
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| Status |
Active
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Docket Entries
| Docket Date |
2023-11-20
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| Type |
Notice
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| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed ~ WITH ORDER
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| On Behalf Of |
COURTNEY ECKMANN
|
|
| Docket Date |
2024-11-15
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| Type |
Misc. Events
|
| Subtype |
Status Report
|
| Description |
Status Report
|
| On Behalf Of |
COURTNEY ECKMANN
|
|
| Docket Date |
2024-11-08
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| Type |
Order
|
| Subtype |
Order to File Status Report
|
| Description |
In light of the status report filed by the lower tribunal clerk on October 29, 2024, appellant shall make financial arrangements for the transmission of the record on appeal with the clerk of the lower tribunal within ten days from the date of this order and file a status report with this court indicating that the financial arrangements have been made.
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| View |
View File
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| Docket Date |
2024-10-29
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| Type |
Misc. Events
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| Subtype |
Status Report
|
| Description |
Status Report
|
| On Behalf Of |
KEVIN KARNES, CLERK
|
|
| Docket Date |
2024-10-14
|
| Type |
Motions Extensions
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| Subtype |
Motion for Extension of Time for Record & EOT/Toll Briefing
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| Description |
UNOPPOSED MOTION FOR EXTENSION OF TIME TO PROVIDE
RECORD ON APPEAL AND TO FILE INITIAL BRIEF
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| On Behalf Of |
COURTNEY ECKMANN
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|
| Docket Date |
2024-08-22
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| Type |
Miscellaneous Document
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| Subtype |
Mail Returned
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| Description |
Mail Returned-Atty Chevres' 08/13/24 order returned. Updated address and remailed.
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|
| Docket Date |
2024-08-13
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| Type |
Order
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| Subtype |
Order on Motion for Extension of Time
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| Description |
The motion for extension of time to finalize arrangements for the record and to file the initial brief is granted for a period of sixty days from the date of this order.
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| View |
View File
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| Docket Date |
2024-07-25
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| Type |
Motions Extensions
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| Subtype |
Motion for Extension of Time for Record & EOT/Toll Briefing
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| Description |
UNOPPOSED MOTION FOR EXTENSION OF TIME TO PROVIDE
RECORD ON APPEAL AND TO FILE INITIAL BRIEF
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| On Behalf Of |
COURTNEY ECKMANN
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|
| Docket Date |
2024-05-17
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| Type |
Order
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| Subtype |
Order on Unsuccessful Mediation
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| Description |
The above-referenced case has been noted as an unsuccessful mediation. Accordingly, the ten day time period for filing directions to the clerk and designations to the court reporter, the fifty-day time period for preparing the record and serving copies of the index, the sixty-day time period for filing the record on appeal, and the seventy-day time period for filing of Appellant's Initial Brief shall commence as of the date of this order.
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| View |
View File
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|
| Docket Date |
2024-04-09
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| Type |
Miscellaneous Document
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| Subtype |
Mail Returned
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| Description |
Returned Mail - AA ~ MD JAMES MUNSEY MAIL RETURNED // CONFIRMED ADDRESS // RESENT 4/9/2024
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|
| Docket Date |
2024-03-18
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| Type |
Order
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| Subtype |
Order Appointing Mediator
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| Description |
Misc. Mediation Order ~ The Court hereby appoints James Munsey, mediator number 20058 R, as mediator in this matter. Mediation must be conducted in conformity with the Sixth District Court of Appeal’s administrative orders and rules regarding appellate mediation and the Florida Rules for Certified and Court-Appointed Mediators. The Mediation Report must be completed and filed within ten days from conclusion of mediation but not later than ten days subsequent to expiration of the 60-day mediation period approved by the Order of Referral to Mediation dated March 5, 2024.
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| Docket Date |
2024-03-14
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| Type |
Response
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| Subtype |
Response
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| Description |
RESPONSE ~ RESPONSE TO ORDER OF REFERRAL TO MEDIATION
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| On Behalf Of |
COURTNEY ECKMANN
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|
| Docket Date |
2024-01-19
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| Type |
Mediation
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| Subtype |
Confidential Statement
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| Description |
Confidential Statement ~ **LOCATED IN iDCA CONFIDENTIAL**
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| On Behalf Of |
COURTNEY ECKMANN
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|
| Docket Date |
2023-12-15
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| Type |
Misc. Events
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| Subtype |
Case Filing Fee Paid through Portal
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| Description |
Case Filing Fee Paid through Portal
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| On Behalf Of |
COURTNEY ECKMANN
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|
| Docket Date |
2023-12-12
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| Type |
Notice
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| Subtype |
Notice of Appearance
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| Description |
Notice of Appearance
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| On Behalf Of |
CHRIS-TEL COMPANY OF SOUTHWEST FLORIDA, INC.
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|
| Docket Date |
2024-01-18
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| Type |
Mediation
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| Subtype |
Mediation Questionnaire
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| Description |
Mediation Questionnaire ~ **LOCATED IN iDCA CONFIDENTIAL**
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| On Behalf Of |
CHRIS-TEL COMPANY OF SOUTHWEST FLORIDA, INC.
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| Docket Date |
2024-01-09
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| Type |
Mediation
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| Subtype |
Notice of Case under Consideration for Mediation
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| Description |
Case Under Consideration for Mediation Notice ~ This case is now under consideration for appellate mediation, and a decision will be made shortly whether to order mediation. An order will be issued advising you of that decision. If mediation is ordered, the time for preparing the record will not begin to run until the mediation process is complete.If you have questions regarding this Court’s appellate mediation program, you may view the Court's website, https://6dca.flcourts.gov/, under the "Mediation" tab for further information. If you have any questions regarding the Court’s mediation program, you may contact the mediation coordinator at (863) 940-6041.
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| Docket Date |
2023-12-06
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| Type |
Letter
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| Subtype |
Acknowledgment Letter
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| Description |
Acknowledgment Letter 1
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| Docket Date |
2023-12-06
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| Type |
Order
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| Subtype |
Order on Filing Fee
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| Description |
fee - civil; atty ~ This appeal has been filed without a filing fee required by section35.22(2)(a), Florida Statutes, Florida Statutes.If the attorney for appellant has not already done so, they shall forwardthe required $300.00 filing fee or, if applicable, a certificate or order of thelower tribunal finding appellant insolvent pursuant to section 57.081, FloridaStatutes, within twenty days from the date of this order.If this court does not receive either of the above within the prescribedtime, this appeal may be subject to dismissal without further notice.
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| Docket Date |
2023-11-20
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| Type |
Misc. Events
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| Subtype |
Fee Status
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| Description |
FP:Fee Paid Through Portal
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| Docket Date |
2025-01-02
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| Type |
Order
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| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
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| Description |
The Court grants Appellant's motion docketed December 30, 2024, for an extension of time to serve an initial brief. Appellant shall serve the initial brief on or before January 20, 2024.
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| View |
View File
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| Docket Date |
2024-12-30
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| Type |
Response
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| Subtype |
Response
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| Description |
RESPONSE TO ORDER TO SHOW CAUSE AND MOTION FOR EXTENSION OF TIME TO FILE INITIAL BRIEF
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| On Behalf Of |
COURTNEY ECKMANN
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| Docket Date |
2024-12-23
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| Type |
Record
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| Subtype |
Record on Appeal
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| Description |
LABODA - 1,318 PAGES
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| On Behalf Of |
KEVIN KARNES, CLERK
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|
| Docket Date |
2024-12-19
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| Type |
Order
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| Subtype |
Order to File Response
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| Description |
The lower tribunal has not transmitted the record on appeal to this Court. Within ten days from the date of this order, Appellant shall ensure that the lower tribunal clerk transmits the record on appeal or, alternatively, file a response that shows cause why this appeal should not be dismissed for failing to ensure the transmission of the record. If the record is not transmitted or Appellant fails to file a response within the time allowed, the Court may dismiss this case without further notice or opportunity to be heard. Fla. R. App. P. 9.410.
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| View |
View File
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| Docket Date |
2024-10-28
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| Type |
Order
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| Subtype |
Order on Motion for Extension of Time for Record & EOT/Toll Briefing
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| Description |
Appellant's motion for extension of time to provide record on appeal and to file initial brief is granted. The record on appeal shall be transmitted to this court within thirty days from the date of this order and appellant shall serve the initial brief within thirty days from the date of this order.
Within ten days from the date of this order, the clerk of the lower tribunal shall file a status report regarding the preparation and transmission of the record on appeal.
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| View |
View File
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| Docket Date |
2024-03-05
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| Type |
Order
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| Subtype |
Order of Referral to Mediation
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| Description |
Order of Referral to Mediation ~ The foregoing case, having been reviewed by the Court, is hereby referred to Appellate Mediation. All appellate deadlines, including for preparing the record and filing briefs, will not begin to run until an order is issued that this case will not proceed to mediation or, if mediation is ordered, until the mediation process is complete.Within 10 days from the date of this Order, Appellant(s) must complete and file with this Court the Response to Order of Referral to Mediation, which is available on this Court’s website, https://6dca.flcourts.gov. If the parties agree on a Florida Supreme Court Certified mediator, the Court will enter an order appointing that mediator for this case. If the parties are not able to agree on a mediator, the Court will appoint a mediator from the Supreme Court list of approved mediators. A mediator need not be certified as an appellate mediator to be appointed.
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| Docket Date |
2024-01-09
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| Type |
Order
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| Subtype |
Mediation Order to Counsel
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| Description |
Initial Mediation Order ~ This case is being reviewed by the Court to determine whether it is appropriate for appellate mediation. Parties must visit the Court’s website, https://6dca.flcourts.gov, to find the Mediation Questions & Answers, Mediation Questionnaire, and Confidential Statement Regarding Appropriateness of Appellate Mediation that must be completed and filed with the Court.Within 10 days from the date of this order, the Mediation Questionnaire and the Confidential Statement Regarding Appropriateness of Appellate Mediation must be e-filed through the Statewide Florida Courts E Filing Portal. BE ADVISED THAT OPPOSING COUNSEL SHOULD NOT BE SERVED COPIES OF THE CONFIDENTIAL STATEMENT REGARDING APPROPRIATENESS OF APPELLATE MEDIATION. When filing the Confidential Statement through the Statewide Florida Courts E-Filing Portal, DO NOT CHECK “SERVE ALL.” FAILURE TO ENSURE ALL BOXES FOR E SERVICE ARE UNCHECKED WILL RESULT IN PARTIES BEING SERVED AND WAIVER OF CONFIDENTIALITY.
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ISMET BALTA, Appellant(s) v. COMMUNITY ASPHALT CORP., Appellee(s)
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4D2023-1853
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2023-08-01
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Closed
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| Classification |
NOA Final - Circuit Civil - Other
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| Court |
4th District Court of Appeal
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| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
CACE22-007002
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Parties
| Name |
Ismet Balta
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| Role |
Appellant
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| Status |
Active
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|
| Name |
COMMUNITY ASPHALT CORP.
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| Role |
Appellee
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| Status |
Active
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| Representations |
Edgardo Ferreyra, Andrew Joseph Miller
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|
| Name |
Hon. Jeffrey R. Levenson
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| Role |
Judge/Judicial Officer
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| Status |
Active
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|
| Name |
Clerk - Broward
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| Role |
Lower Tribunal Clerk
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| Status |
Active
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Docket Entries
| Docket Date |
2023-12-04
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| Type |
Disposition by Order
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| Subtype |
Dismissed
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| Description |
ORDERED sua sponte that the above-styled case is dismissed for lack of prosecution.
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| View |
View File
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| Docket Date |
2023-11-16
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| Type |
Order
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| Subtype |
Show Cause for Brief or Record on Appeal
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| Description |
Order to Show Cause for Lack of Prosecution - Initial Brief
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| View |
View File
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| Docket Date |
2023-10-26
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| Type |
Order
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| Subtype |
Order Striking Filing
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| Description |
Order Striking Filing
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| View |
View File
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| Docket Date |
2023-10-25
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| Type |
Response
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| Subtype |
Response
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| Description |
Response to Order to Show Cause
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| On Behalf Of |
Ismet Balta
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| Docket Date |
2023-10-17
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| Type |
Order
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| Subtype |
Order to Show Cause
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| Description |
Order to Show Cause for Lack of Prosecution - Initial Brief
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| View |
View File
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| Docket Date |
2023-09-11
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| Type |
Record
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| Subtype |
Record on Appeal
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| Description |
Record on Appeal (233 PAGES)
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|
| Docket Date |
2023-08-02
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| Type |
Letter
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| Subtype |
Acknowledgment Letter
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| Description |
Acknowledgment Letter
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|
| Docket Date |
2023-08-02
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| Type |
Notice
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| Subtype |
Notice of Appearance
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| Description |
Notice of Appearance
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| On Behalf Of |
Community Asphalt Corp.
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| Docket Date |
2023-08-01
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| Type |
Misc. Events
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| Subtype |
Fee Status
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| Description |
WV:Waived
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|
| Docket Date |
2023-08-01
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| Type |
Notice
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| Subtype |
Notice of Appeal
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| Description |
Notice of Appeal Filed
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| On Behalf Of |
Ismet Balta
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YOSVANI GIGATO VS COMMUNITY ASPHALT and PIERRE RICHARD R CLERMONT
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4D2022-3092
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2022-11-16
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Closed
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| Classification |
NOA Final - Circuit Civil - Other
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| Court |
4th District Court of Appeal
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| Originating Court |
Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County
502019CA009981
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Parties
| Name |
Yosvani Gigato
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| Role |
Appellant
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| Status |
Active
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|
| Name |
COMMUNITY ASPHALT CORP.
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| Role |
Appellee
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| Status |
Active
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| Representations |
Daniel S. Weinger, Daniel J. Santaniello, Marc M. Greenberg
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|
| Name |
Pierre Richard R. Clermont
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| Role |
Appellee
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| Status |
Active
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|
| Name |
Hon. John S. Kastrenakes
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| Role |
Judge/Judicial Officer
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| Status |
Active
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|
| Name |
Clerk - Palm Beach
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| Role |
Lower Tribunal Clerk
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| Status |
Active
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Docket Entries
| Docket Date |
2022-12-08
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| Type |
Order
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| Subtype |
Show Cause re Compliance with Prior Order
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| Description |
Order to Show Cause-Appeal Dismissal ~ ORDERED that appellant is directed to show cause in writing, if any there be, within ten (10) days from the date of this order, why the above-styled case should not be dismissed or other sanctions imposed for failure to comply with this court's November 21, 2022 order requiring a conformed copy of the order being appealed to be filed with this court. If the order is filed within this ten (10) day period, this order to show cause will be considered automatically discharged without further order.
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| Docket Date |
2022-11-17
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| Type |
Order
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| Subtype |
Order on Filing Fee
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| Description |
ORD-Pay Filing Fee - pro se civil appeal ~ The jurisdiction of this court was invoked by filing of a Notice of Appeal in the lower tribunal. The $300.00 filing fee required by the applicable rule of procedure and Section 35.22(2)(a), Florida Statutes (2021), is due and payable REGARDLESS OF WHETHER THE APPEAL IS LATER DISMISSED VOLUNTARILY OR ADVERSELY.ORDERED, appellant shall pay the $300.00 filing fee or file the lower tribunal clerk's determination of indigent status in this court within ten (10) days from the date of the entry of this order. The fee may be paid electronically through the Florida Courts E-Filing Portal – see the court’s website for details. 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.If appellant has already been found indigent for purposes of proceedings in the lower tribunal, in this case, appellant shall file a copy of that order in this court. If appellant does not have an order or a determination of indigent status and believes that he or she is insolvent, appellant shall complete the enclosed application and mail to the clerk of the lower tribunal within fifteen (15) days from the date of this order. A Notice of Compliance that you have applied for indigent status, must also be filed with this court. The clerk of the lower tribunal shall forward the Clerk's Determination to this court within ten (10) days of receipt. Failure of appellant to comply with this order will result in the dismissal of this appeal.**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 lower tribunal clerk's determination of indigent status is filed.
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| Docket Date |
2022-12-16
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| Type |
Disposition
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| Subtype |
Dismissed
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| Description |
Dismissed - Order by Clerk
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| Docket Date |
2022-12-16
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| Type |
Motions Other
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| Subtype |
Motion/Notice Voluntary Dismissal
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| Description |
Notice of Voluntary Dismissal
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| On Behalf Of |
Yosvani Gigato
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|
| Docket Date |
2022-12-16
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| Type |
Disposition by Order
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| Subtype |
Dismissed
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| Description |
Order Granting Voluntary Dismissal ~ Pursuant to the December 16, 2022 notice of voluntary dismissal, this case is dismissed.
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| Docket Date |
2022-11-22
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| Type |
Notice
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| Subtype |
Notice of Appearance
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| Description |
Notice of Appearance
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| On Behalf Of |
Community Asphalt
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| Docket Date |
2022-11-21
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| Type |
Order
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| Subtype |
Amended/Additional Filing(s) Needed
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| Description |
Aplnt to file underlying order being appealed ~ The Notice of Appeal seeks an appeal of the order denying a motion for rehearing. An order denying a motion for rehearing is not independently appealable. Within ten (10) days from the date of this order, appellant shall submit a conformed copy of the underlying order which is the subject of the motion for rehearing for the purpose of determining whether the filing of the motion for rehearing tolled the jurisdictional time limit of the filing of the Notice of Appeal of the underlying order from which appellant seeks review.
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| Docket Date |
2022-11-17
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| Type |
Misc. Events
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| Subtype |
Determination of Indigency/LT Order Insolvency
|
| Description |
Determination of Indigent Status
|
| On Behalf Of |
Clerk - Palm Beach
|
|
| Docket Date |
2022-11-17
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| Type |
Letter
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| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2022-11-16
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
WV:Waived
|
|
| Docket Date |
2022-11-16
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
Yosvani Gigato
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|
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PAUL SUELLENTROP, VS COMMUNITY ASPHALT CORP., etc.,
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3D2022-1741
|
2022-10-12
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Other
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| Court |
3rd District Court of Appeal
|
| Originating Court |
Circuit Court for the Eleventh Judicial Circuit, Miami-Dade County
19-12460
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Parties
| Name |
PAUL SUELLENTROP
|
| Role |
Appellant
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| Status |
Active
|
| Representations |
Robert S. Norell, Howard S. Friedman
|
|
| Name |
COMMUNITY ASPHALT CORP.
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| Role |
Appellee
|
| Status |
Active
|
| Representations |
Pedro P. Forment, Ranjiv Sondhi, Paul F. Penichet
|
|
| Name |
Hon. Carlos Lopez
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Miami-Dade Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2023-11-09
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2023-11-09
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
| View |
View File
|
|
| Docket Date |
2023-10-12
|
| Type |
Order
|
| Subtype |
Order on Motion for Rehearing
|
| Description |
Upon consideration, Appellant's Motion for Rehearing is hereby denied.
LOGUE, C.J., and HENDON and GORDO, JJ., concur.
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| View |
View File
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|
| Docket Date |
2023-10-03
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Appellee's Response to Appellant's Motion for Rehearing
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| On Behalf Of |
COMMUNITY ASPHALT CORP.
|
|
| Docket Date |
2023-09-18
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion for Rehearing
|
| Description |
Motion for Rehearing
|
| On Behalf Of |
PAUL SUELLENTROP
|
|
| Docket Date |
2023-09-06
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed - Citation
|
|
| Docket Date |
2023-08-17
|
| Type |
Order
|
| Subtype |
Order on Motion/Request for Oral Argument
|
| Description |
Order Denying ORAL ARGUMENT ~ Upon consideration, Appellant’s Request for Oral Argument is hereby denied.
|
|
| Docket Date |
2023-06-20
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ Appellee's Response to Appellant's Request for Oral Argument
|
| On Behalf Of |
COMMUNITY ASPHALT CORP.
|
|
| Docket Date |
2023-06-12
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion/Request for Oral Argument
|
| Description |
Request for Oral Argument
|
| On Behalf Of |
PAUL SUELLENTROP
|
|
| Docket Date |
2023-06-01
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant's Reply Brief
|
| On Behalf Of |
PAUL SUELLENTROP
|
|
| Docket Date |
2023-05-05
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief
|
| On Behalf Of |
COMMUNITY ASPHALT CORP.
|
|
| Docket Date |
2023-05-02
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
| Description |
Extension granted to file answer brief (OG04) ~ Appellee’s Motion for Extension of Time to File the Answer Brief is granted to and including May 5, 2023.
|
|
| Docket Date |
2023-04-28
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Answer Brief
|
| Description |
Mot. for Extension of time to file Answer Brief
|
| On Behalf Of |
COMMUNITY ASPHALT CORP.
|
|
| Docket Date |
2023-03-14
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Answer Brief
|
| Description |
Mot. for Extension of time to file Answer Brief ~ UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE ANSWER BRIEF
|
| On Behalf Of |
COMMUNITY ASPHALT CORP.
|
|
| Docket Date |
2023-03-14
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Clerk's notice granting eot (CLKEX) ~ AB-42 days to 05/01/2023
|
|
| Docket Date |
2023-02-08
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Clerk's notice granting eot (CLKEX) ~ AB-30 days to 03/20/2023
|
|
| Docket Date |
2023-02-07
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Answer Brief
|
| Description |
Mot. for Extension of time to file Answer Brief
|
| On Behalf Of |
COMMUNITY ASPHALT CORP.
|
|
| Docket Date |
2023-01-17
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
PAUL SUELLENTROP
|
|
| Docket Date |
2023-01-12
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Record on Appeal ~ CORRECTED RECORDON APPEAL
|
| On Behalf Of |
Miami-Dade Clerk
|
|
| Docket Date |
2023-01-10
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
Miscellaneous Motion Granted (OG999) ~ Appellant’s Unopposed Motion to Correct the Record and to Extend Time for Filing the Initial Brief is granted. The clerk of the circuit court is directed to correct the record on appeal as stated in the Motion. Appellant is granted five (5) days after the filing of the corrected record on appeal to file the initial brief.
|
|
| Docket Date |
2023-01-06
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion to Amend/Correct Record
|
| Description |
Motion To Correct the Record ~ APPELLANT'S **UNOPPOSED** MOTION TO CORRECT THE RECORDAND TO EXTEND TIME FOR FILING THE INITIAL BRIEF
|
| On Behalf Of |
PAUL SUELLENTROP
|
|
| Docket Date |
2022-12-14
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Initial Brief
|
| Description |
Mot. for Extension of time to file Initial Brief
|
| On Behalf Of |
PAUL SUELLENTROP
|
|
| Docket Date |
2022-12-14
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Clerk's notice granting eot (CLKEX) ~ IB-30 days to 01/19/2023
|
|
| Docket Date |
2022-12-13
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Record on Appeal
|
| On Behalf Of |
Miami-Dade Clerk
|
|
| Docket Date |
2022-12-06
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
COMMUNITY ASPHALT CORP.
|
|
| Docket Date |
2022-10-12
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter ~ Acknowledgment of new case with attachments. The 3DCA $300 filing fee for a notice of appeal is due.
|
|
| Docket Date |
2022-10-12
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
| On Behalf Of |
PAUL SUELLENTROP
|
|
| Docket Date |
2022-10-12
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
Order to pay filing fee-civil w/atty (OR14B) ~ This is to notify counsel for Appellant that the filing and prosecution of a notice of appeal in this Court is not acceptable without compliance with the Florida Rules of Appellate Procedure. Therefore, this appeal will be dismissed unless the required three hundred dollar ($300.00) fee is paid to the Clerk of the Court on or before October 22, 2022.
|
|
| Docket Date |
2022-10-12
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
PAUL SUELLENTROP
|
|
|
|
TAMMY SIRMONS, as Personal Representative of the ESTATE OF CLEVELAND ODOM and RUBIE ODOM, as Personal Representative of the ESTATE OF ANGELICA ODOM VS FLORIDA DEPARTMENT OF TRANSPORTATION, et al.
|
4D2020-0957
|
2020-04-14
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Nineteenth Judicial Circuit, Indian River County
312017CA000881
|
Parties
| Name |
Tammy Sirmons
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
F. Malcolm Cunningham, Jr., Lorenzo Williams, Elaine Johnson James, Diane H. Tutt, Amy L. Fischer
|
|
| Name |
Estate of Cleveland Odom and Rubie Odom
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
Estate of Angelica Odom
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
JOHNSON, MIRMIRAN & THOMPSON, INC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
OBRASCON HUARTE LAIN S.A. INC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
LEWARE CONSTRUCTION COMPANY OF FLORIDA, INC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
OHL USA, Inc.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
JACOBS ENGINEERING GROUP INC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
BCC ENGINEERING, INC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
COMMUNITY ASPHALT CORP.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Florida Department of Transportation
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Scott S. Warburton, Nicole Rodolico, Jeremy W. Harris, John A. Chiocca, Natalie M. Yello, George L. Fernandez, Kristie Hatcher-Bolin, John A. Lurvey, Richard Lydecker, Trevor Arnold, Ian E. Robinson
|
|
| Name |
Hon. Janet C. Croom
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Indian River
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2021-05-28
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2021-05-06
|
| Type |
Order
|
| Subtype |
Order on Motion for Rehearing En Banc
|
| Description |
Order Denying Rehearing En Banc ~ ORDERED that appellants’ March 30, 2021 motions for rehearing, written opinion, and rehearing en banc are denied.
|
|
| Docket Date |
2021-05-06
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2021-05-04
|
| Type |
Order
|
| Subtype |
Order on Motion for Leave to File Reply
|
| Description |
Ord-Denying Leave to file Reply ~ ORDERED that appellant's April 30, 2021 motion for leave to file reply is denied.
|
|
| Docket Date |
2021-04-30
|
| Type |
Motions Other
|
| Subtype |
Motion for Leave to File Reply
|
| Description |
Motion for leave to file reply ~ TO RESPONSE TO MOTIONS FORREHEARING AND WRITTEN OPINION AND REHEARING EN BANC
|
| On Behalf Of |
Tammy Sirmons
|
|
| Docket Date |
2021-04-29
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
ORD-Stricken as Unauthorized ~ ORDERED sua sponte that appellants’ April 28, 2021 reply is stricken as unauthorized.
|
|
| Docket Date |
2021-04-28
|
| Type |
Response
|
| Subtype |
Reply to Response
|
| Description |
Reply to Response ~ **STRICKEN**
|
| On Behalf Of |
Tammy Sirmons
|
|
| Docket Date |
2021-04-14
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ TO APPELLANTS'MOTION FOR REHEARING AND WRITTEN OPINIONAND MOTION FOR REHEARING EN BANC
|
| On Behalf Of |
Florida Department of Transportation
|
|
| Docket Date |
2021-03-30
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion for Rehearing
|
| Description |
Motion For Rehearing ~ AND WRITTEN OPINION
|
| On Behalf Of |
Tammy Sirmons
|
|
| Docket Date |
2021-03-18
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed - Per Curiam Affirmed
|
|
| Docket Date |
2021-03-16
|
| Type |
Misc. Events
|
| Subtype |
Oral Argument Date Set
|
| Description |
Oral Argument Date Set ~ 4DCA
|
|
| Docket Date |
2021-02-22
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice ~ RE: ORAL ARGUMENT.
|
| On Behalf Of |
Florida Department of Transportation
|
|
| Docket Date |
2021-02-15
|
| Type |
Order
|
| Subtype |
Order Re: Video Oral Argument
|
| Description |
Order Re: Video Oral Argument ~ Pursuant to Florida Supreme Court Administrative Order AOSC20-109, Comprehensive COVID-19 Emergency Measures for Florida Appellate Courts and this court’s prior order, the March 16, 2021 oral argument session will take place through Zoom video conference. Should both parties file a stipulation by noon on Monday, February 22, 2021 that they waive oral argument, the court will then decide the case based upon the briefs. If the parties do not stipulate to waive oral argument, then they shall file a notice by noon on Monday, February 22, 2021 which: (1) identifies the attorneys who will be arguing the case; and (2) provides the direct contact information for those attorneys. The Clerk of the Court will separately schedule a Zoom orientation/test session with the attorneys who will be arguing the case. The Clerk of the Court will also provide connection instructions for the oral argument session the week before the session.
|
|
| Docket Date |
2020-12-28
|
| Type |
Order
|
| Subtype |
Order on Motion/Request for Oral Argument
|
| Description |
ORD-Setting Oral Argument ~ This case is set for Oral Argument on March 16, 2021, at 10:00 A.M. for 15 minutes per side. In criminal cases where a victim, as defined in Article I, Section 16(e) of the Florida Constitution, has invoked their right to notice under Article I, Section 16(b)(6) of the Florida Constitution, the State shall provide the victim with notice of this oral argument and of any changes to the scheduled date or time.Pursuant to Florida Supreme Court Administrative Order AOSC20-109, Comprehensive COVID-19 Emergency Measures for Florida Appellate Courts, which requires that oral argument and other proceedings be conducted remotely during Phase 1 and Phase 2 of the pandemic, as set forth in that administrative order, this oral argument is scheduled to be conducted via Zoom. By separate order issued no later than three weeks before the scheduled oral argument, the parties will be directed to identify the attorney who will be presenting oral argument so that an orientation/test session can be scheduled by court staff with the attorneys to confirm their knowledge of the Zoom platform and test equipment compatibility.
|
|
| Docket Date |
2020-12-07
|
| Type |
Order
|
| Subtype |
Order Vacating/Withdrawing Order
|
| Description |
Order Vacated ~ ORDRED sua sponte that this court's May 4, 2020 order consolidating this case for panel purposes with case number 4D20-884 is vacated.
|
|
| Docket Date |
2020-11-30
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant's Reply Brief
|
| On Behalf Of |
Tammy Sirmons
|
|
| Docket Date |
2020-11-18
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Reply Brief
|
| Description |
ORD-Reply Brief to be Served ~ ORDERED that appellants’ November 17, 2020 motion for extension of time is granted in part, and appellants shall serve the reply brief within ten (10) days from the date of this order. In addition, if the reply brief is served after the time provided for in this order, it will be subject to being stricken, or the court in its discretion may impose other sanctions. Appellants are advised that no further extensions will be granted absent a detailed explanation for why the reply brief has not yet been filed and a showing of extraordinary circumstances where, if a further extension is not granted, irreparable and material harm will result to the litigant. Attorney workload does not constitute extraordinary circumstances which justifies a further extension of time.
|
|
| Docket Date |
2020-11-17
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Reply Brief
|
| Description |
Mot. for Extension of Time to File Reply Brief
|
| On Behalf Of |
Tammy Sirmons
|
|
| Docket Date |
2020-11-02
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 15 DAYS TO 11/17/2020
|
|
| Docket Date |
2020-11-02
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Reply Brief
|
| Description |
Notice of Agreed Extension - Reply Brief
|
| On Behalf Of |
Tammy Sirmons
|
|
| Docket Date |
2020-10-01
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief
|
| On Behalf Of |
Florida Department of Transportation
|
|
| Docket Date |
2020-09-16
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
| Description |
Notice of Agreed Extension - Answer Brief
|
| On Behalf Of |
Florida Department of Transportation
|
|
| Docket Date |
2020-09-16
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 10 DAYS TO 10/1/20.
|
|
| Docket Date |
2020-08-19
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
| Description |
Notice of Agreed Extension - Answer Brief
|
| On Behalf Of |
Florida Department of Transportation
|
|
| Docket Date |
2020-08-19
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 30 DAYS TO 9/21/20.
|
|
| Docket Date |
2020-07-30
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion/Request for Oral Argument
|
| Description |
Request for Oral Argument
|
| On Behalf Of |
Tammy Sirmons
|
|
| Docket Date |
2020-07-29
|
| Type |
Record
|
| Subtype |
Supplemental Record
|
| Description |
Supplemental Records ~ (123 PAGES)
|
| On Behalf Of |
Clerk - Indian River
|
|
| Docket Date |
2020-07-22
|
| Type |
Order
|
| Subtype |
Order on Motion to Supplement Record & EOT/Toll Briefing
|
| Description |
Order Granting Motion to Supplement the Record ~ ORDERED that appellants’ July 21, 2020 motion to supplement the record is granted. The material requested in the motion shall be included in the record on appeal. The clerk of the lower tribunal shall prepare and file the supplemental material in this court within ten (10) days from the date of this order. Appellants shall monitor the supplementation process.
|
|
| Docket Date |
2020-07-22
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
Tammy Sirmons
|
|
| Docket Date |
2020-07-21
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion to Supplement Record
|
| Description |
Motion To File Supplemental Record
|
| On Behalf Of |
Tammy Sirmons
|
|
| Docket Date |
2020-06-22
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
| Description |
Notice of Agreed Extension - Initial Brief
|
| On Behalf Of |
Tammy Sirmons
|
|
| Docket Date |
2020-06-22
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 30 DAYS TO 7/22/20.
|
|
| Docket Date |
2020-06-08
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ (5,324 PAGES)
|
| On Behalf Of |
Clerk - Indian River
|
|
| Docket Date |
2020-05-04
|
| Type |
Order
|
| Subtype |
Order on Motion to Consolidate
|
| Description |
ORD-Granting Consolidation ~ **VACATED** Upon consideration of appellant's April 24, 2020 response and appellee's April 27, 2020 response, it is ORDERED sua sponte that case numbers 4D20-0884 and 4D20-0957 are consolidated for the purpose of designation to the same appellate panel.
|
|
| Docket Date |
2020-04-28
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Florida Department of Transportation
|
|
| Docket Date |
2020-04-27
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Florida Department of Transportation
|
|
| Docket Date |
2020-04-27
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ (20-0957)
|
| On Behalf Of |
Florida Department of Transportation
|
|
| Docket Date |
2020-04-24
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ (4D20-0884)
|
| On Behalf Of |
Tammy Sirmons
|
|
| Docket Date |
2020-04-22
|
| Type |
Misc. Events
|
| Subtype |
Court Reporter Acknowledgement Letter
|
| Description |
Court Reporter Acknowledgement Letter
|
|
| Docket Date |
2020-04-17
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
ORD-Sua Sponte ~ Upon consideration of appellants' April 14, 2020 "notice of related case" in case number 4D20-0957, it is ORDERED sua sponte that the parties are ordered to show cause, if any there be, within ten (10) days from the date of this order, why case numbers 4D20-0884 and 4D20-0957 should not be consolidated for the purpose of designation to the same appellate panel.
|
|
| Docket Date |
2020-04-16
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid Through Portal
|
| On Behalf Of |
Tammy Sirmons
|
|
| Docket Date |
2020-04-14
|
| Type |
Notice
|
| Subtype |
Notice of Related Case or Issue
|
| Description |
Notice of Similar Case Pending ~ w/ 20-0884
|
| On Behalf Of |
Tammy Sirmons
|
|
| Docket Date |
2020-04-14
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2020-04-14
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
ORD-Pay Filing Fee-Civil Appeal ~ 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 that 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 this order. The fee may be paid electronically through the Florida Courts E-Filing Portal – see the court’s website for details. 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. 4th DCA 1997). Failure of the attorney to pay will result in referral to the Department of Financial Services 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.
|
|
| Docket Date |
2020-04-14
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
|
|
COMMUNITY ASPHALT CORP., VS THERESA PELLICCIONI, etc.,
|
3D2020-0052
|
2020-01-08
|
Closed
|
|
| Classification |
NOA Non Final - Circuit Civil - Other
|
| Court |
3rd District Court of Appeal
|
| Originating Court |
Circuit Court for the Eleventh Judicial Circuit, Miami-Dade County
18-41822
|
Parties
| Name |
COMMUNITY ASPHALT CORP.
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Warren B. Kwavnick, SCOTT S. WARBURTON, ROBERT L. NEWMAN
|
|
| Name |
THERESA PELLICCIONI
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
EDWARD V. RICCI, DAVID M. TARLOW
|
|
| Name |
Hon. Barbara Areces
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Miami-Dade Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2020-02-04
|
| Type |
Mandate
|
| Subtype |
Disp. w/o Mandate
|
| Description |
Disp w/o mandate
|
|
| Docket Date |
2020-02-04
|
| Type |
Notice
|
| Subtype |
Voluntary Dismissal
|
| Description |
Voluntary Dismissal Recognized (OG33) ~ IT IS HEREBY ORDERED that the appellant’s Notice of Voluntary Dismissal is recognized by the Court, and this appeal from the Circuit Court for Miami-Dade County, Florida, is hereby dismissed.
|
|
| Docket Date |
2020-02-04
|
| Type |
Disposition by Opinion
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Clerk
|
|
| Docket Date |
2020-02-04
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2020-02-03
|
| Type |
Motions Other
|
| Subtype |
Motion/Notice Voluntary Dismissal
|
| Description |
Notice of Voluntary Dismissal
|
| On Behalf Of |
COMMUNITY ASPHALT CORP.
|
|
| Docket Date |
2020-01-17
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Clerk's notice granting eot (CLKEX) ~ IB-20 days to 2/10/20
|
|
| Docket Date |
2020-01-17
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
COMMUNITY ASPHALT CORP.
|
|
| Docket Date |
2020-01-17
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Initial Brief
|
| Description |
Mot. for Extension of time to file Initial Brief
|
| On Behalf Of |
COMMUNITY ASPHALT CORP.
|
|
| Docket Date |
2020-01-09
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid Through Portal
|
| On Behalf Of |
COMMUNITY ASPHALT CORP.
|
|
| Docket Date |
2020-01-08
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
COMMUNITY ASPHALT CORP.
|
|
| Docket Date |
2020-01-08
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter ~ Acknowledgment of new case with attachments. ** The $300 filing fee for a notice of appeal is due.
|
|
| Docket Date |
2020-01-08
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
|
|
TRAVELERS CASUALTY AND INSURANCE COMPANY OF AMERICA VS COMMUNITY ASPHALT CORP.
|
3D2016-0004
|
2016-01-04
|
Closed
|
|
| Classification |
NOA Non Final - Circuit Civil - Other
|
| Court |
3rd District Court of Appeal
|
| Originating Court |
Circuit Court for the Eleventh Judicial Circuit, Miami-Dade County
15-17911
|
Parties
| Name |
TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
GEORGE H. KNOTT
|
|
| Name |
COMMUNITY ASPHALT CORP.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
IAN T. KRAVITZ
|
|
| Name |
Hon. William Thomas
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Miami-Dade Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2017-06-26
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2017-06-08
|
| Type |
Order
|
| Subtype |
Order on Motion For Attorney's Fees
|
| Description |
Attorney Fees Granted (OG47) ~ Upon consideration of the motion to tax attorney's fees filed by appellee, it is ordered that said motion is granted and remanded to the trial court to fix amount, contingent upon appellee ultimately qualifying as the prevailing party in the claim against the payment bond. SUAREZ, C.J., and EMAS and LOGUE, JJ., concur.
|
|
| Docket Date |
2017-06-07
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed - Authored Opinion
|
|
| Docket Date |
2016-03-22
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant's Reply Brief
|
| On Behalf Of |
TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA
|
|
| Docket Date |
2016-03-14
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Clerk's notice granting eot (CLKEX) ~ RB-15 days to 3/31/16
|
|
| Docket Date |
2016-03-11
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ to the motion to tax attorney's fees and costs
|
| On Behalf Of |
TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA
|
|
| Docket Date |
2016-03-11
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Reply Brief
|
| Description |
Mot. for Extension of Time to File Reply Brief
|
| On Behalf Of |
TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA
|
|
| Docket Date |
2016-02-25
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief
|
| On Behalf Of |
COMMUNITY ASPHALT CORP.
|
|
| Docket Date |
2016-02-25
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
|
| On Behalf Of |
COMMUNITY ASPHALT CORP.
|
|
| Docket Date |
2016-02-18
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Clerk's notice granting eot (CLKEX) ~ AB-7 days to 2/26/16
|
|
| Docket Date |
2016-02-17
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Answer Brief
|
| Description |
Mot. for Extension of time to file Answer Brief
|
| On Behalf Of |
COMMUNITY ASPHALT CORP.
|
|
| Docket Date |
2016-02-01
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Clerk's notice granting eot (CLKEX) ~ AB-18 days to 2/19/16.
|
|
| Docket Date |
2016-01-29
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Answer Brief
|
| Description |
Mot. for Extension of time to file Answer Brief
|
| On Behalf Of |
COMMUNITY ASPHALT CORP.
|
|
| Docket Date |
2016-01-12
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix ~ VOL IV
|
| On Behalf Of |
TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA
|
|
| Docket Date |
2016-01-12
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA
|
|
| Docket Date |
2016-01-04
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA
|
|
| Docket Date |
2016-01-04
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter ~ Acknowledgment of new case with attachments. ** The $300 filing fee for appeal is due.
|
|
| Docket Date |
2016-01-04
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
|
|
MIRTA MORADIELLOS, etc., VS COMMUNITY ASPHALT CORPORATION, INC., etc.,
|
3D2014-0794
|
2014-04-10
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
3rd District Court of Appeal
|
| Originating Court |
Circuit Court for the Eleventh Judicial Circuit, Miami-Dade County
10-43079
|
Parties
| Name |
MIRTA MORADIELLOS
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Juan Ramirez, Jr.
|
|
| Name |
COMMUNITY ASPHALT CORP.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
JOE HANKIN, REBECCA W. RIBLER, HELEN ANN HAUSER, KENNETH J. CARUSELLO, ROSEMARY B. WILDER, Mitchell L. Lundeen
|
|
| Name |
HON. ROSA I. RODRIGUEZ
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Miami-Dade Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2014-04-25
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ to court's show cause order of april 22, 2014
|
| On Behalf Of |
COMMUNITY ASPHALT CORP.
|
|
| Docket Date |
2015-08-14
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2015-07-29
|
| Type |
Opinion
|
| Subtype |
Non-dispositive
|
| Description |
Non-dispositive - Authored Opinion ~ On Mot. for RHG/Clarif.On Mot. for RHG/ClarifOn Mot. for Rhg/Clarif.
|
|
| Docket Date |
2015-06-10
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ to motion for rehearing and clarification
|
| On Behalf Of |
COMMUNITY ASPHALT CORP.
|
|
| Docket Date |
2015-06-09
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion for Rehearing
|
| Description |
Motion For Rehearing ~ and/or clarification
|
| On Behalf Of |
MIRTA MORADIELLOS
|
|
| Docket Date |
2015-06-03
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed - Authored Opinion
|
|
| Docket Date |
2015-02-09
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant's Reply Brief
|
| On Behalf Of |
MIRTA MORADIELLOS
|
|
| Docket Date |
2015-01-21
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Reply Brief
|
| Description |
Extension granted to file reply brief NFE (OG05A) ~ Appellant's second agreed motion for an extension of time to serve the reply brief is granted to and including February 9, 2015, with no further extensions allowed.
|
|
| Docket Date |
2015-01-20
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Reply Brief
|
| Description |
Mot. for Extension of Time to File Reply Brief
|
| On Behalf Of |
MIRTA MORADIELLOS
|
|
| Docket Date |
2014-12-24
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Reply Brief
|
| Description |
Extension granted to file reply brief (OG05) ~ Appellant¿s motion for an extension of time to file the reply brief is granted to and including January 20, 2015.
|
|
| Docket Date |
2014-12-17
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Reply Brief
|
| Description |
Mot. for Extension of Time to File Reply Brief
|
| On Behalf Of |
MIRTA MORADIELLOS
|
|
| Docket Date |
2014-12-08
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion/Request for Oral Argument
|
| Description |
Request for Oral Argument
|
| On Behalf Of |
COMMUNITY ASPHALT CORP.
|
|
| Docket Date |
2014-12-08
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix ~ to answer brief.
|
| On Behalf Of |
COMMUNITY ASPHALT CORP.
|
|
| Docket Date |
2014-12-08
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief
|
| On Behalf Of |
COMMUNITY ASPHALT CORP.
|
|
| Docket Date |
2014-11-17
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix
|
| On Behalf Of |
MIRTA MORADIELLOS
|
|
| Docket Date |
2014-11-17
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
MIRTA MORADIELLOS
|
|
| Docket Date |
2014-10-16
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
Ext-gr initial brief no further extensions (OG03B) ~ Appellant¿s unopposed motion for an extension of time to serve the initial brief is granted to and including November 17, 2014, with no further extensions allowed. If said brief is not timely filed in accordance with this order, the appeal will be subject to dismissal.
|
|
| Docket Date |
2014-10-10
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Initial Brief
|
| Description |
Mot. for Extension of time to file Initial Brief
|
| On Behalf Of |
MIRTA MORADIELLOS
|
|
| Docket Date |
2014-08-27
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Clerk's notice granting eot (CLKEX) ~ IB- 30 days to 10/17/14
|
|
| Docket Date |
2014-08-27
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Initial Brief
|
| Description |
Mot. for Extension of time to file Initial Brief ~ unopposed
|
| On Behalf Of |
MIRTA MORADIELLOS
|
|
| Docket Date |
2014-08-21
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Record on Appeal ~ suppl volume (XIV- XV- XVI ).
|
|
| Docket Date |
2014-08-19
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Clerk's notice granting eot (CLKEX) ~ IB-30 days to 9/17/14.
|
|
| Docket Date |
2014-08-18
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Initial Brief
|
| Description |
Mot. for Extension of time to file Initial Brief
|
| On Behalf Of |
MIRTA MORADIELLOS
|
|
| Docket Date |
2014-07-25
|
| Type |
Order
|
| Subtype |
Order on Motion to Supplement Record
|
| Description |
Clerk Ordered to Supplement Record (OG13A) ~ Appellant¿s July 17, 2014 agreed motion to supplement the record is granted, and the clerk of the trial court is directed to supplement the record on appeal with the documents and transcripts as stated in said motion.
|
|
| Docket Date |
2014-07-18
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Clerk's notice granting eot (CLKEX) ~ IB-30 days to 8/18/14
|
|
| Docket Date |
2014-07-17
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
Miscellaneous Motion ~ to direct the court to supplement the record
|
| On Behalf Of |
MIRTA MORADIELLOS
|
|
| Docket Date |
2014-07-17
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Initial Brief
|
| Description |
Mot. for Extension of time to file Initial Brief
|
| On Behalf Of |
MIRTA MORADIELLOS
|
|
| Docket Date |
2014-06-04
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Record on Appeal ~ 1 volume (XII).
|
|
| Docket Date |
2014-06-03
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Initial Brief
|
| Description |
Mot. for Extension of time to file Initial Brief
|
| On Behalf Of |
MIRTA MORADIELLOS
|
|
| Docket Date |
2014-06-03
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Clerk's notice granting eot (CLKEX) ~ IB-30 days to 7/17/14
|
|
| Docket Date |
2014-04-30
|
| Type |
Order
|
| Subtype |
Show Cause
|
| Description |
Show Cause Order Discharged (OR02) ~ Upon consideration of the responses, the rule to show cause issued by this Court on April 22, 2014 is hereby discharged.
|
|
| Docket Date |
2014-04-29
|
| Type |
Notice
|
| Subtype |
Amended Notice of Appeal
|
| Description |
Amended Notice of Appeal
|
|
| Docket Date |
2014-04-25
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
COMMUNITY ASPHALT CORP.
|
|
| Docket Date |
2014-04-24
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE
|
| On Behalf Of |
MIRTA MORADIELLOS
|
|
| Docket Date |
2014-04-22
|
| Type |
Order
|
| Subtype |
Show Cause Jurisdiction
|
| Description |
Issue Rule-Lack of Jurisdiction (OR01B) ~ The parties are ordered to show cause within ten (10) days from the date of this order why the appeal should not be dismissed as one taken from a non-final, non-appealable order.
|
|
| Docket Date |
2014-04-14
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
COMMUNITY ASPHALT CORP.
|
|
| Docket Date |
2014-04-11
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter ~ Acknowledgement of new case with attachments. ** The $300 filing fee is due immediately.
|
|
| Docket Date |
2014-04-10
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
| Docket Date |
2014-04-10
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed ~ Prior cases: 14-566, 13-600, 13-598
|
| On Behalf Of |
MIRTA MORADIELLOS
|
|
|
|
COMMUNITY ASPHALT CORP., VS MIAMI-DADE EXPRESSWAY AUTHORITY,
|
3D2012-1103
|
2012-04-26
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
3rd District Court of Appeal
|
| Originating Court |
Circuit Court for the Eleventh Judicial Circuit, Miami-Dade County
09-77547
|
Parties
| Name |
COMMUNITY ASPHALT CORP.
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Alejandro Espino
|
|
| Name |
Miami-Dade Expressway Authority
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Kirk D. DeLeon
|
|
| Name |
Hon. Ellen Sue Venzer
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Harvey Ruvin
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2012-07-05
|
| Type |
Mandate
|
| Subtype |
Disp. w/o Mandate
|
| Description |
Disp w/o mandate
|
|
| Docket Date |
2012-07-05
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2012-07-05
|
| Type |
Disposition by Opinion
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Judge
|
|
| Docket Date |
2012-07-05
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
Stipulation of Dismissal (DA11J)
|
|
| Docket Date |
2012-07-02
|
| Type |
Motion
|
| Subtype |
Stipulation
|
| Description |
Stipulation ~ for dismissal of appeal and cross-appeal AA Alejandro Espino 114431
|
|
| Docket Date |
2012-05-01
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
Pay Filing Fee on Cr-app,joinders,intervene(OR14K) ~ A notice of cross-appeal has been filed in this cause without the statutory required filing fee. Within ten (10) days from the date of this order, Miami-Dade Expressway Authority shall pay the required two hundred ninety-five ($295.00) dollar fee to the Clerk of the Court by cash, cashier's check or money order.
|
|
| Docket Date |
2012-04-27
|
| Type |
Notice
|
| Subtype |
Notice of Cross Appeal
|
| Description |
Notice of Cross Appeal
|
| On Behalf Of |
Miami-Dade Expressway Authority
|
|
| Docket Date |
2012-04-26
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
COMMUNITY ASPHALT CORP.
|
|
| Docket Date |
2012-04-26
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
|
|
KATHY N. ANDERSON VS LILLIANA A. GILBERT, et al.
|
4D2011-0796
|
2011-03-07
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County
502009CA006014XXXXMB
|
Parties
| Name |
KATHY N. ANDERSON
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
KENNETH SOBEL (DNU)
|
|
| Name |
LILLIANA A. GILBERT
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
J.J. WICKER, I I, SHELLEY H. LEINICKE, Rachel L. Studley
|
|
| Name |
HECTOR SANDOMINGO
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
ERNESTO CABANES ALONA
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
COMMUNITY ASPHALT CORP.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
UNITRIN AUTO AND HOME INS.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
PATRICK M. DONNELLY
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
SANDY ZURBUCHEN
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
HON. DAVID E. FRENCH
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Palm Beach
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2011-07-07
|
| Type |
Misc. Events
|
| Subtype |
Case Closed
|
| Description |
Case Closed (No Record)
|
|
| Docket Date |
2011-05-26
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
Order Granting Voluntary Dismissal
|
|
| Docket Date |
2011-05-26
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Clerk
|
|
| Docket Date |
2011-05-19
|
| Type |
Motions Other
|
| Subtype |
Motion/Notice Voluntary Dismissal
|
| Description |
Motion For Voluntary Dismissal
|
| On Behalf Of |
KATHY N. ANDERSON
|
|
| Docket Date |
2011-04-29
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
LILLIANA A. GILBERT
|
|
| Docket Date |
2011-03-17
|
| Type |
Misc. Events
|
| Subtype |
Docketing Statement
|
| Description |
Docketing Statement ~ AA Kenneth J. Sobel
|
|
| Docket Date |
2011-03-08
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2011-03-07
|
| Type |
Misc. Events
|
| Subtype |
Order Appealed
|
| Description |
**DNU** order appealed
|
|
| Docket Date |
2011-03-07
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
KATHY N. ANDERSON
|
|
|
