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CLEVELAND CONSTRUCTION, INC. and FEDERAL INSURANCE COMPANY, Appellant(s) v. JAMES A. CUMMINGS, INC., et al., Appellee(s).
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4D2023-1917
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2023-08-10
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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
CACE16-006245
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Parties
Docket Entries
| Docket Date |
2024-10-28
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| Type |
Disposition by Order
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| Subtype |
Dismissed
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| Description |
ORDERED that Appellant's July 22, 2024 and Appellee's July 22, 2024 motions for attorney's fees are denied as moot. Further, At the request of the parties, this case is dismissed.
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| View |
View File
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| Docket Date |
2024-10-24
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| Type |
Motions Other
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| Subtype |
Motion/Notice Voluntary Dismissal
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| Description |
Joint Stipulation of Dismissal
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| Docket Date |
2024-10-01
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| Type |
Order
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| Subtype |
Amended/Corrected Order
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| Description |
ORDERED that this court's September 27, 2024 order is amended as follows: ORDERED that the September 24, 2024 joint motion to stay appeal pending completion of settlement is granted. All parties hereto shall be required to file a pleading on or before December 15, 2024, that advises this court as to the completion of all settlement negotiations thereby warranting the dismissal of this pending appeal.
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| View |
View File
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| Docket Date |
2024-09-27
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| Type |
Order
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| Subtype |
Amended/Additional Filing(s) Needed
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| Description |
ORDERED that all parties hereto shall be required to file a pleading on or before December 15, 2024, that advises this court as to the completion of all settlement negotiations thereby warranting the dismissal of this pending appeal.
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| View |
View File
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| Docket Date |
2024-09-24
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| Type |
Motions Other
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| Subtype |
Motion To Stay
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| Description |
JOINT MOTION TO STAY APPEAL PENDING
COMPLETION OF SETTLEMENT
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| On Behalf Of |
Cleveland Construction, Inc.
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| Docket Date |
2024-09-19
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| Type |
Order
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| Subtype |
Order Dispensing with Oral Argument
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| Description |
After reviewing the briefs, the court, pursuant to Florida Rule of Appellate Procedure 9.320, has dispensed with oral argument. The case will be submitted to a conference by a panel of the court.
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| View |
View File
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| Docket Date |
2024-07-23
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| Type |
Motions Relating to Oral Argument
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| Subtype |
Motion/Request for Oral Argument
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| Description |
Motion/Request for Oral Argument
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| Docket Date |
2024-07-22
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| Type |
Motions Relating to Attorney Fees/Costs
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| Subtype |
Motion For Attorney's Fees
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| Description |
Motion For Attorney's Fees
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| Docket Date |
2024-07-22
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| Type |
Brief
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| Subtype |
Reply Brief
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| Description |
Reply Brief
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| On Behalf Of |
Cleveland Construction, Inc.
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| View |
View File
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| Docket Date |
2024-06-11
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| Type |
Recognizing Agreed Extension
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| Subtype |
Reply Brief
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| Description |
15 Days to 07/23/2024
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| Docket Date |
2024-06-11
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| Type |
Notice
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| Subtype |
Notice of Agreed Extension of Time - Reply Brief
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| Description |
Notice of Agreed Extension of Time - Reply Brief
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| On Behalf Of |
Cleveland Construction, Inc.
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| Docket Date |
2024-06-07
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| Type |
Brief
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| Subtype |
Answer Brief
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| Description |
Answer Brief
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| On Behalf Of |
James A. Cummings, Inc.
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| View |
View File
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| Docket Date |
2024-05-15
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| Type |
Order
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| Subtype |
Order on Motion to Appear Pro Hac Vice
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| Description |
ORDERED that David C. Romyn's May 9, 2024 verified motion for permission to appear pro hac vice is granted, and David C. Romyn, Esquire is permitted to appear in this appeal as counsel for James Cummings, Inc. David C. Romyn, Esquire is advised that this court does not send paper documents to attorneys and he shall register for the Appellate Case Information System ("ACIS") and the Florida Courts E-Filing Portal within five (5) days from the date of this order.
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| View |
View File
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| Docket Date |
2024-05-14
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| Type |
Miscellaneous Document
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| Subtype |
Pay Pro Hac Vice Fee-100
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| Description |
Paid Pro Hac Vice Fee-100
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| On Behalf Of |
James A. Cummings, Inc.
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| View |
View File
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| Docket Date |
2024-05-14
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| Type |
Order
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| Subtype |
Order on Filing Fee
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| Description |
This court is in receipt of the verified motion for admission to appear pro hac vice filed May 9, 2024. Further, ORDERED that David C. Romyn, Esq. shall tender the $100 appearance fee required by section 35.22(2)(a), Florida Statutes (2021), within ten (10) days from the date of the entry of this order. Upon so tendering the motion will be granted. The fee may be paid electronically through the Florida Courts E-Filing Portal - see the court's website for details.
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| View |
View File
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| Docket Date |
2024-05-09
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| Type |
Motions Relating to Parties and Counsel
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| Subtype |
Motion to Appear Pro Hac Vice
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| Description |
Motion to Appear Pro Hac Vice
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| Docket Date |
2024-05-07
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| Type |
Motions Extensions
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| Subtype |
Motion for Extension of Time to Serve Answer Brief
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| Description |
Agreed Motion for Extension of Time to File Answer/Cross Initial Brief
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| On Behalf Of |
Cleveland Construction, Inc.
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| Docket Date |
2024-05-06
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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 |
2024-05-02
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| Type |
Motions Extensions
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| Subtype |
Motion for Extension of Time to Serve Answer Brief
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| Description |
Motion for Extension of Time to Serve Answer Brief
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| Docket Date |
2024-04-30
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| Type |
Notice
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| Subtype |
Notice of Electronic Transmission
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| Description |
*AMENDED* Notice of Electronic Transmission
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| On Behalf Of |
Clerk - Broward
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| Docket Date |
2024-04-23
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| Type |
Record
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| Subtype |
Exhibits
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| Description |
See Notice of Electronic Transmission
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| Docket Date |
2024-04-19
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| Type |
Notice
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| Subtype |
Notice of Electronic Transmission
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| Description |
Notice of Electronic Transmission
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| On Behalf Of |
Clerk - Broward
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| Docket Date |
2024-02-10
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| Type |
Brief
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| Subtype |
Initial Brief
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| Description |
Initial Brief
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| On Behalf Of |
Cleveland Construction, Inc.
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| View |
View File
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| Docket Date |
2024-02-02
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| Type |
Record
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| Subtype |
Supplemental Record
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| Description |
Supplemental Record Vol. I Pages 2595-15,581
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| Docket Date |
2023-10-06
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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 |
James A. Cummings, Inc.
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| Docket Date |
2023-10-04
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| Type |
Miscellaneous Document
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| Subtype |
Pay Notice Joinder Fee-295
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| Description |
Paid Notice Joinder Fee-295
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| On Behalf Of |
James A. Cummings, Inc.
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| View |
View File
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| Docket Date |
2024-01-05
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| Type |
Motions Extensions
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| Subtype |
Motion for Extension for Supplemental ROA
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| Description |
Agreed Motion for Extension of Time to Supplement the Record and File Briefs
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| Docket Date |
2023-12-04
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| Type |
Order
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| Subtype |
Order on Motion for Extension of Time
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| Description |
ORDERED that the clerk of the lower tribunal's December 1, 2023 motion for extension of time is granted in part, and the time for the clerk of the lower tribunal to file the supplemental record on appeal is extended twenty (20) days from the date of this order. Further, ORDERED that Daniel Vega's December 4, 2023 notice of unavailability is stricken as unauthorized.
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| View |
View File
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| Docket Date |
2023-12-04
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| Type |
Notice
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| Subtype |
Unavailability
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| Description |
Unavailability
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| On Behalf Of |
Federal Insurance Company
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| View |
View File
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| Docket Date |
2023-12-01
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| Type |
Motions Extensions
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| Subtype |
Motion for Extension of Time
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| Description |
Motion for Extension of Time to Prepare the Supplemental Record
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| On Behalf Of |
Clerk - Broward
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| Docket Date |
2023-11-21
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| Type |
Order
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| Subtype |
Order on Motion to Supplement Record
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| Description |
ORDERED that Appellant Cleveland Construction, Inc.'s November 17, 2023 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. Appellant shall monitor the supplementation process.
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| View |
View File
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| Docket Date |
2023-11-17
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| Type |
Motions Relating to Records
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| Subtype |
Motion to Supplement Record
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| Description |
Motion to Supplement Record
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| Docket Date |
2023-11-14
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| Type |
Order
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| Subtype |
Order Striking Filing
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| Description |
ORDERED that Appellant Cleveland Construction, Inc.'s November 13, 2023 motion to supplement the record on appeal is stricken without prejudice to refiling a motion which identifies the exhibits.
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| View |
View File
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| Docket Date |
2023-11-13
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| Type |
Motions Relating to Records
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| Subtype |
Motion to Supplement Record
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| Description |
Motion to Supplement Record
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| Docket Date |
2023-11-07
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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 |
Cleveland Construction, Inc.
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| Docket Date |
2023-10-11
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| Type |
Order
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| Subtype |
Order on Agreed Extension of Time
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| Description |
90 Days to 01/16/2024
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| Docket Date |
2023-10-11
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| Type |
Notice
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| Subtype |
Notice of Agreed Extension of Time - Initial Brief
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| Description |
Notice of Agreed Extension of Time - Initial Brief
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| On Behalf Of |
Cleveland Construction, Inc.
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| Docket Date |
2023-10-10
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| Type |
Order
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| Subtype |
Order Discharging Show Cause Order
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| Description |
ORDERED that, upon consideration of Federal Insurance Company's response filed October 6, 2023, this court's September 22, 2023 order to show cause is discharged. Further, ORDERED that Federal Insurance Company's August 30, 2023 notice of joinder is reinstated and Federal Insurance Company may proceed as an appellant in the above-styled appeal.
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| View |
View File
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| Docket Date |
2023-10-04
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| Type |
Order
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| Subtype |
Order Striking Filing
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| Description |
**JOINDER REINSTATED 10/10/2023** ORDERED that Federal Insurance Company's August 30, 2023 notice of joinder is stricken for failure to comply with this court's September 1 and 22, 2023 orders.
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| View |
View File
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| Docket Date |
2023-10-03
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| Type |
Record
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| Subtype |
Record on Appeal
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| Description |
Record on Appeal; 2,596 Pages
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| On Behalf Of |
Clerk - Broward
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| Docket Date |
2023-09-22
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| Type |
Order
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| Subtype |
Order to Show Cause
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| Description |
**DISCHARGED 10/10/2023** ORDERED that, within five (5) days from the date of this order, Federal Insurance Company shall show cause why its Notice of Joinder should not be stricken for failure to comply with this court's September 1, 2023 order to pay the filing fee.
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| View |
View File
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| Docket Date |
2023-08-30
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| Type |
Notice
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| Subtype |
Notice of Joinder for Realignment
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| Description |
Notice of Joinder in Appeal (filing fee required)
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| On Behalf Of |
James A. Cummings, Inc.
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| Docket Date |
2023-08-28
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| Type |
Notice
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| Subtype |
Amended Notice of Appeal
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| Description |
Amended Notice of Appeal
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| On Behalf Of |
Clerk - Broward
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| Docket Date |
2023-08-25
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| Type |
Misc. Events
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| Subtype |
Cross-Notice Filing Fee Paid through Portal
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| Description |
CROSS NOTICE FILING FEE PAID THROUGH PORTAL
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| On Behalf Of |
James A. Cummings, Inc.
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| Docket Date |
2023-08-24
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| Type |
Order
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| Subtype |
Order on Filing Fee
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| Description |
ORD-Pay filing Fee - Cross-Appeal - 10 days ~ A Notice of Cross-Appeal was filed in the lower tribunal on August 21, 2023. The $295.00 filing fee required by the applicable rule of procedure and Section 35.22(2)(b), Florida Statutes (2021), is due and payable REGARDLESS OF WHETHER THE APPEAL IS LATER DISMISSED VOLUNTARILY OR ADVERSELY.ORDERED, appellee/cross-appellant shall pay the $295.00 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 the cross-appeal 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 cross-appeal has a duty to tender the filing fee to the appellate court when the cross-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.
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| Docket Date |
2023-08-23
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| Type |
Notice
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| Subtype |
Notice of Cross Appeal
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| Description |
Notice of Cross Appeal
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| On Behalf Of |
Clerk - Broward
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| Docket Date |
2023-08-21
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| Type |
Notice
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| Subtype |
Notice of Designation of E-mail Address
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| Description |
Notice of Primary E-Mail Address
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| On Behalf Of |
Cleveland Construction, Inc.
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| Docket Date |
2023-08-16
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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 |
Cleveland Construction, Inc.
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| Docket Date |
2023-08-16
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| Type |
Misc. Events
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| Subtype |
Order Appealed
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| Description |
Order Appealed
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| On Behalf Of |
Cleveland Construction, Inc.
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| Docket Date |
2023-08-14
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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 |
Cleveland Construction, Inc.
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| Docket Date |
2023-08-10
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| Type |
Order
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| Subtype |
Order on Filing Fee
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| 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 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 that 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 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 lower tribunal clerk's determination of indigent status is filed.
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| Docket Date |
2023-08-10
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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 |
Cleveland Construction, Inc.
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| Docket Date |
2023-08-10
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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 |
2023-08-10
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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 |
2024-12-18
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| Type |
Record
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| Subtype |
Returned Exhibits
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| Description |
Returned Exhibits
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| Docket Date |
2024-05-09
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| Type |
Order
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| Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
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| Description |
ORDERED that Appellee James A. Cummings, Inc.'s May 7, 2024 motion for extension of time is granted, and Appellee shall serve the answer/cross-initial brief on or before June 7, 2024. In addition, Appellee is notified that the failure to serve the brief within the time provided herein may foreclose Appellee's right to file a brief or otherwise participate in this appeal.
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| View |
View File
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| Docket Date |
2024-01-16
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| Type |
Order
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| Subtype |
Order on Motion for Extension of Time
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| Description |
ORDERED that Appellant Cleveland Construction, Inc.'s January 5, 2024 motion for extension of time is granted, and the time for the clerk of the lower tribunal to file the supplemental record on appeal is extended to and including January 18, 2024. Further, ORDERED that Appellant Cleveland Construction, Inc.'s January 5, 2024 request for extension of time is granted in part, and Appellant shall serve the initial brief ten (10) days from receipt of the supplemental record. In addition, if the initial brief is not served within the time provided for in this order, the above-styled case will be subject to dismissal or the court in its discretion may impose other sanctions. Appellant is advised that no further extensions will be granted absent a detailed explanation for why the initial 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.
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| View |
View File
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| Docket Date |
2023-09-01
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| Type |
Order
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| Subtype |
Order on Filing Fee
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| Description |
ORD-Pay filing fee-Notice Joinder-10 days ~ The $295.00 filing fee, or a lower tribunal clerk's determination of indigent status, did not accompany the Notice of Joinder as required by section 35.22(2)(b), Florida Statutes (2021). The filing fee is due and payable at the time of filing REGARDLESS OF WHETHER THE PROCEEDING IS LATER DISMISSED VOLUNTARILY OR ADVERSELY.ORDERED that Federal Insurance Company shall pay the $295.00 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/striking of the notice of joinder 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 joinder has a duty to tender the filing fee to the appellate court when the notice 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 Florida Department of Financial Services for collection.
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JAMES A. CUMMINGS, INC. et al., VS PROCACCI DOLPHIN, LLC, et al.,
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3D2023-0056
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2023-01-10
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Closed
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| Classification |
NOA Final - Circuit Civil - Other
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| Court |
3rd District Court of Appeal
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| Originating Court |
Circuit Court for the Eleventh Judicial Circuit, Miami-Dade County
16-28140
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Parties
| Name |
TUTOR PERINI BUILDING CORP.
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| Role |
Appellant
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| Status |
Active
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| Name |
JAMES A. CUMMINGS, INC.
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| Role |
Appellant
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| Status |
Active
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| Representations |
H. Eugene Lindsey, III, ANDREW J. FOTI
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|
| Name |
PROCACCI SWEETWATER, LLC
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| Role |
Appellee
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| Status |
Active
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|
| Name |
PROCACCI DOLPHIN, LLC
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| Role |
Appellee
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| Status |
Active
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| Representations |
DOUGLAS C. BROEKER, ELIZABETH K. COPPOLECCHIA, NAOMI ALZATE, MICHAEL J. KURZMAN, ROBERT A. SWEETAPPLE
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|
| Name |
Hon. William Thomas
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| Role |
Judge/Judicial Officer
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| Status |
Active
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|
| Name |
Miami-Dade Clerk
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| Role |
Lower Tribunal Clerk
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| Status |
Active
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Docket Entries
| Docket Date |
2023-01-10
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| Type |
Notice
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| Subtype |
Notice of Appeal
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| Description |
Notice of Appeal Filed ~ CASES: 22-2030, 22-473, 20-1908
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| On Behalf Of |
JAMES A. CUMMINGS, INC.
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| Docket Date |
2023-04-18
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| Type |
Mandate
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| Subtype |
Disp. w/o Mandate
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| Description |
Disp w/o mandate
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| Docket Date |
2023-04-18
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| Type |
Disposition by Opinion
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| Subtype |
Dismissed
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| Description |
Dismissed - Order by Clerk
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|
| Docket Date |
2023-04-18
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| Type |
Disposition by Order
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| Subtype |
Dismissed
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| Description |
Stipulation of Dismissal (DA11J) ~ IT IS HEREBY ORDERED that the parties’ Joint Stipulation Dismissing the Appeal is recognized by the Court, and the above-referenced consolidated appeals from the Circuit Court for Miami-Dade County, Florida, are hereby dismissed.
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| Docket Date |
2023-04-18
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| Type |
Misc. Events
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| Subtype |
West Publishing
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| Description |
West Publishing
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|
| Docket Date |
2023-04-17
|
| Type |
Motions Other
|
| Subtype |
Motion/Notice Voluntary Dismissal
|
| Description |
Notice of Voluntary Dismissal
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| On Behalf Of |
JAMES A. CUMMINGS, INC.
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|
| Docket Date |
2023-03-27
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| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Record on Appeal
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| On Behalf Of |
Miami-Dade Clerk
|
|
| Docket Date |
2023-02-16
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Notice of Agreed Extension of Time
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| On Behalf Of |
JAMES A. CUMMINGS, INC.
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| Docket Date |
2023-01-26
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| Type |
Order
|
| Subtype |
Order on Consolidation
|
| Description |
Consolidating on Court's Motion ~ Upon the Court’s own motion, it is ordered that the above-referenced appeals are hereby consolidated for all appellate purposes. All filings in this case shall be under case no. 3D22-0473. The parties shall file only one set of briefs under case no. 3D22-0473.
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| Docket Date |
2023-01-10
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter ~ Acknowledgment of new case with attachments. **The $300 filing fee for an appeal is due.
|
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| Docket Date |
2023-01-10
|
| 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 January 20, 2023.
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| Docket Date |
2023-01-10
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
|
|
JAMES A. CUMMINGS, INC., et al., VS PROCACCI DOLPHIN, LLC, et al.,
|
3D2022-2030
|
2022-11-28
|
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
16-28140
|
Parties
| Name |
TUTOR PERINI BUILDING CORP.
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
JAMES A. CUMMINGS, INC.
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
H. Eugene Lindsey, III, ANDREW J. FOTI
|
|
| Name |
PROCACCI DOLPHIN, LLC
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
ELIZABETH K. COPPOLECCHIA, ROBERT A. SWEETAPPLE, DOUGLAS C. BROEKER, MICHAEL J. KURZMAN, NAOMI ALZATE
|
|
| Name |
PROCACCI SWEETWATER, LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Hon. William Thomas
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Miami-Dade Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2023-04-18
|
| Type |
Disposition by Opinion
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Clerk
|
|
| Docket Date |
2023-04-18
|
| Type |
Mandate
|
| Subtype |
Disp. w/o Mandate
|
| Description |
Disp w/o mandate
|
|
| Docket Date |
2023-04-18
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2023-04-18
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
Stipulation of Dismissal (DA11J) ~ IT IS HEREBY ORDERED that the parties’ Joint Stipulation Dismissing the Appeal is recognized by the Court, and the above-referenced consolidated appeals from the Circuit Court for Miami-Dade County, Florida, are hereby dismissed.
|
|
| Docket Date |
2023-04-17
|
| Type |
Motions Other
|
| Subtype |
Motion/Notice Voluntary Dismissal
|
| Description |
Notice of Voluntary Dismissal
|
| On Behalf Of |
JAMES A. CUMMINGS, INC.
|
|
| Docket Date |
2023-02-16
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ IB-60 days to 04/18/2023
|
|
| Docket Date |
2023-02-16
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Notice of Agreed Extension of Time
|
| On Behalf Of |
JAMES A. CUMMINGS, INC.
|
|
| Docket Date |
2023-01-26
|
| Type |
Order
|
| Subtype |
Order on Consolidation
|
| Description |
Consolidating on Court's Motion ~ Upon the Court’s own motion, it is ordered that the above-referenced appeals are hereby consolidated for all appellate purposes. All filings in this case shall be under case no. 3D22-0473. The parties shall file only one set of briefs under case no. 3D22-0473.
|
|
| Docket Date |
2023-01-12
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Record on Appeal
|
| On Behalf Of |
Miami-Dade Clerk
|
|
| Docket Date |
2022-12-19
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ IB-30 days to 02/27/2023
|
|
| Docket Date |
2022-12-16
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Notice of Agreed Extension of Time
|
| On Behalf Of |
JAMES A. CUMMINGS, INC.
|
|
| Docket Date |
2022-11-28
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter ~ Acknowledgment of new case with attachments. **The $300 filing fee for an appeal is due.
|
|
| Docket Date |
2022-11-28
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed ~ CASES: 22-473, 20-1908
|
| On Behalf Of |
JAMES A. CUMMINGS, INC.
|
|
| Docket Date |
2022-11-28
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
Order to pay filing fee-civil w/atty (OR14B) ~ This is to notify counsel for Appellants 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 December 8, 2022.
|
|
| Docket Date |
2022-11-28
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
|
|
JAMES A. CUMMINGS, INC., et al., VS PROCACCI DOLPHIN, LLC, et al.,
|
3D2022-0473
|
2022-03-17
|
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
16-28140
|
Parties
| Name |
JAMES A. CUMMINGS, INC.
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
ANDREW J. FOTI, JOHN R. SQUITERO, H. Eugene Lindsey, III
|
|
| Name |
TUTOR PERINI BUILDING CORP.
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
PROCACCI DOLPHIN, LLC
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
ELIZABETH K. COPPOLECCHIA, NAOMI ALZATE, ROBERT A. SWEETAPPLE, Robert J. Hauser, DOUGLAS C. BROEKER, MICHAEL J. KURZMAN
|
|
| Name |
PROCACCI SWEETWATER, LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Hon. William Thomas
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Miami-Dade Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2022-05-24
|
| Type |
Motions Other
|
| Subtype |
Motion To Stay
|
| Description |
Motion To Stay ~ APPELLANTS' MOTION TO STAY THE APPEAL
|
| On Behalf Of |
JAMES A. CUMMINGS, INC.
|
|
| Docket Date |
2023-04-18
|
| Type |
Mandate
|
| Subtype |
Disp. w/o Mandate
|
| Description |
Disp w/o mandate
|
|
| Docket Date |
2023-04-18
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
Stipulation of Dismissal (DA11J) ~ IT IS HEREBY ORDERED that the parties’ Joint Stipulation Dismissing the Appeal is recognized by the Court, and the above-referenced consolidated appeals from the Circuit Court for Miami-Dade County, Florida, are hereby dismissed.
|
|
| Docket Date |
2023-04-18
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2023-04-18
|
| Type |
Disposition by Opinion
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Clerk
|
|
| Docket Date |
2023-04-17
|
| Type |
Motions Other
|
| Subtype |
Motion/Notice Voluntary Dismissal
|
| Description |
Notice of Voluntary Dismissal
|
| On Behalf Of |
JAMES A. CUMMINGS, INC.
|
|
| Docket Date |
2023-03-27
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Record on Appeal
|
| On Behalf Of |
Miami-Dade Clerk
|
|
| Docket Date |
2023-02-16
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ IB-60 days to 04/18/2023
|
|
| Docket Date |
2023-02-16
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Notice of Agreed Extension of Time
|
| On Behalf Of |
JAMES A. CUMMINGS, INC.
|
|
| Docket Date |
2023-01-26
|
| Type |
Order
|
| Subtype |
Order on Consolidation
|
| Description |
Consolidating on Court's Motion ~ Upon the Court’s own motion, it is ordered that the above-referenced appeals are hereby consolidated for all appellate purposes. All filings in this case shall be under case no. 3D22-0473. The parties shall file only one set of briefs under case no. 3D22-0473.
|
|
| Docket Date |
2022-12-19
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ IB-60 days to 2/17/23
|
|
| Docket Date |
2022-12-16
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Notice of Agreed Extension of Time
|
| On Behalf Of |
JAMES A. CUMMINGS, INC.
|
|
| Docket Date |
2022-11-18
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
MISCELLANEOUS ORDER (OR999) ~ As the Court's relinquishment of jurisdiction in this case lapsed on November 3, 2022, and case no. 3D20-1908, was disposed of by the Court on September 30, 2022, the initial brief shall be filed within thirty (30) days from the date of this Order.
|
|
| Docket Date |
2022-10-03
|
| Type |
Order
|
| Subtype |
Order on Motion to Relinquish Jurisdiction
|
| Description |
Ext for relinquishment period granted (OG49C) ~ Appellees’ Fourth Unopposed Motion for Further Enlargement of Relinquishment of Jurisdiction is granted, and jurisdiction of this cause is temporarily relinquished to the trial court for an additional period of time to and including thirty (30) days from the date of this Order.
|
|
| Docket Date |
2022-09-28
|
| Type |
Motions Other
|
| Subtype |
Motion To Relinquish Jurisdiction
|
| Description |
Motion To Relinquish Jurisdiction ~ APPELLEES' FOURTH UNOPPOSED MOTION FOR FURTHERENLARGEMENT OF RELINQUISHMENT OF JURISDICTION
|
| On Behalf Of |
PROCACCI DOLPHIN, LLC
|
|
| Docket Date |
2022-08-31
|
| Type |
Order
|
| Subtype |
Order on Motion to Relinquish Jurisdiction
|
| Description |
Ext for relinquishment period granted (OG49C) ~ Appellees' Third Unopposed Motion for Further Enlargement of Relinquishment of Jurisdiction is granted, and jurisdiction of this cause is temporarily relinquished to the trial court for an additional period of time to and including September 30, 2022.
|
|
| Docket Date |
2022-08-29
|
| Type |
Motions Other
|
| Subtype |
Motion To Relinquish Jurisdiction
|
| Description |
Motion To Relinquish Jurisdiction ~ APPELLEES' THIRD UNOPPOSED MOTION FOR FURTHER ENLARGEMENT OF RELINQUISHMENT OF JURISDICTION
|
| On Behalf Of |
PROCACCI DOLPHIN, LLC
|
|
| Docket Date |
2022-08-01
|
| Type |
Order
|
| Subtype |
Order on Motion to Relinquish Jurisdiction
|
| Description |
Ext for relinquishment period granted (OG49C) ~ Appellees' Unopposed Motion for Further Enlargement of Relinquishment of Jurisdiction is granted, and jurisdiction of this cause is temporarily relinquished to the trial court for an additional period of time to and including thirty (30) days from the date of this Order.
|
|
| Docket Date |
2022-07-28
|
| Type |
Motions Other
|
| Subtype |
Motion To Relinquish Jurisdiction
|
| Description |
Motion To Relinquish Jurisdiction ~ APPELLEES' UNOPPOSED MOTION FOR FURTHER ENLARGEMENT OF RELINQUISHMENT OF JURISDICTION
|
| On Behalf Of |
PROCACCI DOLPHIN, LLC
|
|
| Docket Date |
2022-06-30
|
| Type |
Order
|
| Subtype |
Order on Motion to Relinquish Jurisdiction
|
| Description |
Ext for relinquishment period granted (OG49C) ~ Appellees' Agreed Motion for Enlargement of Relinquishment of Jurisdiction is granted, and jurisdiction of this cause is temporarily relinquished to the trial court for an additional period of time to and including thirty (30) days from the date of this Order.
|
|
| Docket Date |
2022-06-29
|
| Type |
Motions Other
|
| Subtype |
Motion To Relinquish Jurisdiction
|
| Description |
Motion To Relinquish Jurisdiction ~ APPELLEES' AGREED MOTION FOR ENLARGEMENT OF RELINQUISHMENT OF JURISDICTION
|
| On Behalf Of |
PROCACCI DOLPHIN, LLC
|
|
| Docket Date |
2022-06-23
|
| Type |
Notice
|
| Subtype |
Notice of Filing
|
| Description |
Notice of Filing
|
| On Behalf Of |
JAMES A. CUMMINGS, INC.
|
|
| Docket Date |
2022-06-08
|
| Type |
Record
|
| Subtype |
Transcript
|
| Description |
Transcripts
|
| On Behalf Of |
PROCACCI DOLPHIN, LLC
|
|
| Docket Date |
2022-06-01
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Record on Appeal
|
| On Behalf Of |
Miami-Dade Clerk
|
|
| Docket Date |
2022-05-31
|
| Type |
Order
|
| Subtype |
Order on Motion to Stay
|
| Description |
Stay Granted (OG26) ~ Upon consideration, Appellants' Motion to Stay the Appeal is granted. Jurisdiction of this cause is relinquished to the trial court for a period of thirty (30) days from the date of this Order, to consider, and rule on, the motion for rehearing. At the conclusion of the relinquishment period the appeal will be stayed pending disposition of case no. 3D20-1908.
|
|
| Docket Date |
2022-06-06
|
| Type |
Order
|
| Subtype |
Order to Transmit Record/Supplemental Record on Appeal
|
| Description |
Non-Conforming Transcript Stricken ~ Upon review of the record/affidavits filed on June 1, 2022, in thiscase, the Court has determined that condensed transcripts fail to comply with the requirements of Florida Rules of Appellate Procedure 9.200(b)(4) and 9.220(c)(4). Any such condensed transcripts filed after January 1, 2019, are hereby stricken. The responsible party (the party who seeks to have the transcripts considered by this Court) shall file transcripts that comply with the Florida Rules of Appellate Procedure within thirty (30) days from the date of this Order.
|
|
| Docket Date |
2022-05-26
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ IB-45 days to 7/08/2022
|
|
| Docket Date |
2022-05-25
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Notice of Agreed Extension of Time
|
| On Behalf Of |
JAMES A. CUMMINGS, INC.
|
|
| Docket Date |
2022-05-18
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Record on Appeal
|
| On Behalf Of |
Miami-Dade Clerk
|
|
| Docket Date |
2022-03-17
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
Order to pay filing fee-civil w/atty (OR14B) ~ This is to notify counsel for Appellants 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 March 27, 2022.
|
|
| Docket Date |
2022-03-17
|
| Type |
Notice
|
| Subtype |
Notice of Appeal Transmittal Form
|
| Description |
Notice of Transmittal--NOA
|
| On Behalf Of |
PROCACCI DOLPHIN, LLC
|
|
| Docket Date |
2022-03-17
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
| Docket Date |
2022-03-17
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter ~ Acknowledgment of new case letter with attachments. The 3DCA $300 filing fee for a notice of appeal is due.
|
|
| Docket Date |
2022-05-23
|
| Type |
Order
|
| Subtype |
Order to Transmit Record/Supplemental Record on Appeal
|
| Description |
Non-Conforming Transcript Stricken ~ Upon review of the record/affidavits filed in this case, the Courthas determined that condensed transcripts fail to comply with therequirements of Florida Rules of Appellate Procedure 9.200(b)(4) and9.220(c)(4). Any such condensed transcripts filed after January 1, 2019,are hereby stricken. The responsible party (the party who seeks to havethe transcripts considered by this Court) shall file transcripts that complywith the Florida Rules of Appellate Procedure within thirty (30) days fromthe date of this Order.
|
|
|
|
JAMES A. CUMMINGS, INC., et al., VS PROCACCI DOLPHIN, LLC, et al.,
|
3D2020-1908
|
2020-12-22
|
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
16-28140
|
Parties
| Name |
TUTOR PERINI BUILDING CORP.
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
JAMES A. CUMMINGS, INC.
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
H. Eugene Lindsey, III, DAVID C. ROMYN, JOHN R. SQUITERO, ANDREW J. FOTI
|
|
| Name |
PROCACCI DOLPHIN, LLC
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
DOUGLAS C. BROEKER, ELIZABETH K. COPPOLECCHIA, NAOMI ALZATE, Robert J. Hauser, ROBERT A. SWEETAPPLE, MICHAEL J. KURZMAN
|
|
| Name |
PROCACCI SWEETWATER, LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Hon. William Thomas
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Miami-Dade Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2022-11-21
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2022-11-21
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2022-11-03
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
Miscellaneous Motion Denied (OD999) ~ Upon consideration, Appellants’ Motion for a Written Opinion is hereby denied. FERNANDEZ, C.J., and HENDON and LOBREE, JJ., concur.
|
|
| Docket Date |
2022-10-27
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
Miscellaneous Motion ~ APPELLANTS' MOTION FOR WRITTEN OPINION
|
| On Behalf Of |
JAMES A. CUMMINGS, INC.
|
|
| Docket Date |
2022-10-14
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
Miscellaneous Motion Granted (OG999) ~ Appellants’ Motion for Extension of Time to File Motion for Written Opinion is granted to and including October 27, 2022.FERNANDEZ, C.J., and HENDON and LOBREE, JJ., concur.
|
|
| Docket Date |
2022-10-13
|
| Type |
Notice
|
| Subtype |
Notice of Change of Address
|
| Description |
Notice of Change of Address
|
| On Behalf Of |
PROCACCI DOLPHIN, LLC
|
|
| Docket Date |
2022-10-12
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time
|
| Description |
Motion for Extension of Time ~ APPELLANTS' MOTION FOR EXTENSION OF TIMETO FILE MOTION FOR WRITTEN OPINION
|
| On Behalf Of |
JAMES A. CUMMINGS, INC.
|
|
| Docket Date |
2022-09-30
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed - Per Curiam Affirmed
|
|
| Docket Date |
2022-09-30
|
| Type |
Order
|
| Subtype |
Order on Motion For Attorney's Fees
|
| Description |
Attorney Fees Granted (OG47) ~ Upon consideration of Appellees’ Motion for Appellate Attorneys’ Fees, it is ordered that said Motion is granted, and the matter is remanded to the trial court. Appellants’ Motion for Appellate Attorney’s Fees is hereby denied.
|
|
| Docket Date |
2022-09-13
|
| Type |
Misc. Events
|
| Subtype |
Oral Argument Date Set
|
| Description |
Oral Argument Date Set ~ 3DCA
|
|
| Docket Date |
2022-07-28
|
| Type |
Order
|
| Subtype |
Order on Motion to Appear Pro Hac Vice
|
| Description |
Pro hac vice motion granted (OG45) ~ Upon consideration, David C. Romyn, Esquire's Corrected Verified Motion to Appear Pro Hac Vice on behalf of Appellants is hereby granted as stated in the Motion. David C. Romyn, Esquire, shall pay the required one hundred ($100.00) dollar fee within ten (10) days from the date of this Order.
|
|
| Docket Date |
2022-07-26
|
| Type |
Motions Relating to Parties and Counsel
|
| Subtype |
Motion to Appear Pro Hac Vice
|
| Description |
MO36A Motion to Appear Pro Hac Vice ~ CORRECTED VERIFIED MOTION FOR ADMISSION TO APPEAR PRO HAC VICE PURSUANT TO FLORIDA RULES OF JUDICIAL ADMINISTRATION 2.510 (Corrected as to the Certificate of Service)
|
| On Behalf Of |
JAMES A. CUMMINGS, INC.
|
|
| Docket Date |
2022-07-25
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
Miscellaneous Motion Denied (OD999) ~ Upon consideration, the Verified Motion for Admission to Appear Pro Hac Vice, filed on July 21, 2022, is hereby denied without prejudice to refiling a motion that complies with all of the requirements of Fla. R. Gen. Prac. & Jud. Admin 2.510, and specifically 2.510(b)(7). FERNANDEZ, C.J., and HENDON and LOBREE, JJ., concur.
|
|
| Docket Date |
2022-07-21
|
| Type |
Motions Relating to Parties and Counsel
|
| Subtype |
Motion to Appear Pro Hac Vice
|
| Description |
MO36A Motion to Appear Pro Hac Vice ~ VERIFIED MOTION FOR ADMISSION TO APPEAR PRO HAC VICEPURSUANT TO FLORIDA RULES OF JUDICIAL ADMINISTRATION 2.510
|
| On Behalf Of |
JAMES A. CUMMINGS, INC.
|
|
| Docket Date |
2022-07-20
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice ~ NOTICE OF ACKNOWLEDGMENT
|
| On Behalf Of |
JAMES A. CUMMINGS, INC.
|
|
| Docket Date |
2022-07-19
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice ~ NOTICE OF ACKNOWLEDGMENT
|
| On Behalf Of |
PROCACCI DOLPHIN, LLC
|
|
| Docket Date |
2022-07-13
|
| Type |
Notice
|
| Subtype |
Notice of Oral Argument
|
| Description |
Notice of Oral Argument ~ The above-styled cause will be set for oral argument on TUESDAY, SEPTEMBER 13, 2022, at 9:30 A.M., before the Third District Court of Appeal, which is located at 2001 S.W. 117 Avenue; Miami, Florida 33175-1716.All counsel and self-represented parties (if applicable) who will appear to argue this cause before the Court must complete and return the attached Notice of Acknowledgment within seven (7) days of this Notice. The parties will be allowed FILLIN "10, 15 or 20 minutes" \* MERGEFORMAT fifteen (15) minutes per side to present their arguments. PLEASE NOTE THIS NOTICE AND THE ATTACHED ACKNOWLEDGEMENT FORM HAVE CHANGED. PLEASE READ CAREFULLY. THE PARTIES MAY SELECT IN-PERSON OR REMOTE APPEARANCE. COUNSEL (AND SELF-REPRESENTED PARTIES, IF APPLICABLE) MUST CONFER AND SEEK AGREEMENT UPON THE METHOD OF APPEARANCE (IN-PERSON OR REMOTE) PRIOR TO COMPLETING AND RETURNING THE ATTACHED NOTICE OF ACKNOWLEDGEMENT FORM. Upon receipt of the acknowledgement form, the Court shall send out a notice of in-person (if all parties agree to appear in-person), remote (if all parties agree to appear remotely), or hybrid (if one or more parties will appear in-person, but other(s) will appear remotely) oral argument.It is your responsibility to contact the Clerk’s office if you do not receive a notice reflecting the specific date and time for oral argument 7 days before the week specified above. If this is a criminal appeal, in compliance with Marsy’s Law, the State of Florida is hereby directed to provide notice of this oral argument to the victims, as defined by Marsy’s Law. The Court reserves the right to remove the case from the oral argument calendar at any time before the date of oral argument. Additionally, the Court reserves the right to change the date, time, and method of appearance of the oral argument. Please review any amended or updated notice carefully. Similar or related cases should be brought to the attention of the Oral Argument Clerk at (305) 229-3200 ext. 3258. Absence of counsel at the time this case is called shall be deemed a waiver of oral argument.
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|
| Docket Date |
2022-04-15
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| Type |
Brief
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| Subtype |
Reply Brief
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| Description |
Appellant's Reply Brief
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| On Behalf Of |
JAMES A. CUMMINGS, INC.
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|
| Docket Date |
2022-03-29
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| Type |
Order
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| Subtype |
Order on Motion for Extension of Time to Serve Reply Brief
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| Description |
Extension granted to file reply brief NFE (OG05A) ~ Appellants’ Unopposed Motion for an Extension of Time to File the Reply Brief is granted to and including April 15, 2022, with no further extensions allowed.
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| Docket Date |
2022-03-25
|
| Type |
Motions Extensions
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| Subtype |
Motion for Extension of Time to Serve Reply Brief
|
| Description |
Mot. for Extension of Time to File Reply Brief ~ UNOPPOSED MOTION FOR SECOND EXTENSION OF TIMEFOR APPELLANTS TO FILE REPLY BRIEF
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| On Behalf Of |
JAMES A. CUMMINGS, INC.
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|
| Docket Date |
2022-02-28
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Clerk's notice granting eot (CLKEX) ~ RB 30 days to 4/01/2022
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|
| Docket Date |
2022-02-28
|
| Type |
Motions Extensions
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| Subtype |
Motion for Extension of Time to Serve Reply Brief
|
| Description |
Mot. for Extension of Time to File Reply Brief
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| On Behalf Of |
JAMES A. CUMMINGS, INC.
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|
| Docket Date |
2022-02-21
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| Type |
Response
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| Subtype |
Response
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| Description |
RESPONSE ~ RESPONSE OF APPELLANTS, JAMES A. CUMMINGS, INC.AND TUTOR PERINI BUILDING CORP. TO THE MOTION OFPROCACCI DOLPHIN LLC AND PROCACCI SWEETWATER, LLCFOR APPELLATE ATTORNEY'S FEES
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| On Behalf Of |
JAMES A. CUMMINGS, INC.
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|
| Docket Date |
2022-02-11
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| Type |
Motions Relating to Attorney Fees/Costs
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| Subtype |
Motion For Attorney's Fees
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| Description |
Motion For Attorney's Fees
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| On Behalf Of |
PROCACCI DOLPHIN, LLC
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|
| Docket Date |
2022-02-11
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| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ APPELLEES' RESPONSE TO TUTOR-PERINI'S MOTION FOR APPELLATE ATTORNEYS' FEES
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| On Behalf Of |
PROCACCI DOLPHIN, LLC
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|
| Docket Date |
2022-02-01
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| Type |
Notice
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| Subtype |
Voluntary Dismissal
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| Description |
Voluntary Dismissal Recognized (OG33) ~ IT IS HEREBY ORDERED that Appellees/Cross-Appellants Procacci Dolphin, LLC, and Procacci Sweetwater, LLC’s Notice of Voluntary Dismissal of Cross-Appeal is recognized by the Court, and their cross-appeal from the Circuit Court for Miami-Dade County, Florida, is hereby dismissed. The appeal shall remain pending.
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| Docket Date |
2022-02-01
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| Type |
Motions Relating to Oral Argument
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| Subtype |
Motion/Request for Oral Argument
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| Description |
Motion For Oral Argument ~ APPELLANTS' REQUEST FOR ORAL ARGUMENT
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| On Behalf Of |
JAMES A. CUMMINGS, INC.
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|
| Docket Date |
2022-02-01
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| Type |
Motions Relating to Attorney Fees/Costs
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| Subtype |
Motion For Attorney's Fees
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| Description |
Motion For Attorney's Fees
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| On Behalf Of |
JAMES A. CUMMINGS, INC.
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|
| Docket Date |
2022-01-31
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| Type |
Brief
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| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief
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| On Behalf Of |
PROCACCI DOLPHIN, LLC
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|
| Docket Date |
2022-01-31
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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 ~ NOTICE OF VOLUNTARY DISMISSAL OF CROSS-APPEAL
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| On Behalf Of |
PROCACCI DOLPHIN, LLC
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|
| Docket Date |
2022-01-14
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| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
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| Description |
Extension granted to file answer brief NFE (OG04A) ~ Appellees/Cross-Appellants’ Fourth Motion for Further Enlargement of Time to File the Answer/Cross-Initial Brief is granted to and including February 1, 2022, with no further extensions allowed. If said brief is not timely filed in accordance with this Order, the appellee(s) will be precluded from filing an answer brief and/or presenting oral argument to the Court in this cause.
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| Docket Date |
2022-01-13
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| Type |
Notice
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| Subtype |
Notice
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| Description |
Notice ~ NOTICE OF NO OPPOSITION TO APPELLEES/CROSS-APPELLANTS' FOURTH MOTION FOR FURTHER ENLARGEMENT OF TIME TO FILE ANSWER AND CROSS-APPEAL BRIEF
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| On Behalf Of |
PROCACCI DOLPHIN, LLC
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|
| Docket Date |
2022-01-10
|
| Type |
Motions Extensions
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| Subtype |
Motion for Extension of Time to Serve Answer Brief
|
| Description |
Mot. for Extension of time to file Answer Brief ~ APPELLEES/CROSS-APPELLANTS' FOURTH MOTION FORFURTHER ENLARGEMENT OF TIME TO FILE APPELLEES'ANSWER AND CROSS-APPEAL BRIEF
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| On Behalf Of |
PROCACCI DOLPHIN, LLC
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|
| Docket Date |
2021-12-13
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| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Clerk's notice granting eot (CLKEX) ~ Answer and Cross-Appeal Brief-30 Days to 1/12/2022
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|
| Docket Date |
2021-12-10
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Answer Brief
|
| Description |
Mot. for Extension of time to file Answer Brief ~ APPELLEES/CROSS-APPELLANTS' THIRD MOTION FOR FURTHER ENLARGEMENT OF TIME TO FILE APPELLEES' ANSWER AND CROSS-APPEAL BRIEF
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| On Behalf Of |
PROCACCI DOLPHIN, LLC
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|
| Docket Date |
2021-11-09
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| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Clerk's notice granting eot (CLKEX) ~ Answer and Cross-Appeal Brief-30 Days to 12/13/2021
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|
| Docket Date |
2021-11-08
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Answer Brief
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| Description |
Mot. for Extension of time to file Answer Brief ~ APPELLEES/CROSS-APPELLANTS' UNOPPOSED MOTION FORFURTHER ENLARGEMENT OF TIME TO FILE APPELLEES'ANSWER AND CROSS-APPEAL BRIEF
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| On Behalf Of |
PROCACCI DOLPHIN, LLC
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|
| Docket Date |
2021-09-01
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| Type |
Record
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| Subtype |
Supplemental Record
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| Description |
Supplemental Records
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| On Behalf Of |
Miami-Dade Clerk
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|
| Docket Date |
2021-08-30
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| Type |
Order
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| Subtype |
Order on Motion to Supplement Record
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| Description |
Mot to Supplement Rec w/attachment Granted (OG13) ~ Appellants’ Amended Unopposed Motion to Supplement the Record, filed on August 27, 2021, is granted, and the record on appeal is supplemented to include the transcripts that are attached to said Motion.
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| Docket Date |
2021-08-27
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| Type |
Motions Relating to Records
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| Subtype |
Motion to Supplement Record
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| Description |
Motion to Supplement the Record ~ APPELLANTS' AMENDED UNOPPOSED MOTION TOSUPPLEMENT THE RECORD
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| On Behalf Of |
JAMES A. CUMMINGS, INC.
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|
| Docket Date |
2021-08-25
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Clerk's notice granting eot (CLKEX) ~ Answer and Cross-Appeal Brief-60 Days to 11/12/2021
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|
| Docket Date |
2021-08-24
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Answer Brief
|
| Description |
Mot. for Extension of time to file Answer Brief ~ APPELLEES/CROSS-APPELLANTS' UNOPPOSED MOTION FORENLARGEMENT OF TIME TO FILE APPELLEES' ANSWER BRIEF
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| On Behalf Of |
PROCACCI DOLPHIN, LLC
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|
| Docket Date |
2021-08-18
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| Type |
Order
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| Subtype |
Order on Motion to Supplement Record
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| Description |
Deny Motion to Supplement Record (OD13) ~ Upon consideration, Appellants' August 13, 2021, Motion to Supplement the Record is hereby denied to the extent that the supplemental records include condensed transcripts in violation of Florida Rules of Appellate Procedure 9.200(b)(4) and 9.220(c)(4). Appellants are granted thirty (30) days from the date of this Order to file properly formatted and paginated transcripts.
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| Docket Date |
2021-08-16
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| Type |
Notice
|
| Subtype |
Notice of Filing
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| Description |
Notice of Filing ~ AGREED SUPPLEMENTAL FINAL JUDGMENT AWARDING PREJUDGMENT INTEREST
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| On Behalf Of |
JAMES A. CUMMINGS, INC.
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|
| Docket Date |
2021-08-13
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| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix ~ APPENDIX TO INITIAL BRIEF
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| On Behalf Of |
JAMES A. CUMMINGS, INC.
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|
| Docket Date |
2021-08-13
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| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
JAMES A. CUMMINGS, INC.
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|
| Docket Date |
2021-08-13
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| Type |
Motions Relating to Records
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| Subtype |
Motion to Supplement Record
|
| Description |
Motion to Supplement the Record
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| On Behalf Of |
JAMES A. CUMMINGS, INC.
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|
| Docket Date |
2021-08-04
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| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
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| Description |
Ext-gr initial brief no further extensions (OG03B) ~ Appellants’ Unopposed Motion for Extension of Time to File the Initial Brief is granted to and including August 13, 2021, with no further extensions allowed. If said brief is not timely filed in accordance with this Order, the appeal will be subject to dismissal.
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| Docket Date |
2021-08-02
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Initial Brief
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| Description |
Mot. for Extension of time to file Initial Brief
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| On Behalf Of |
JAMES A. CUMMINGS, INC.
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|
| Docket Date |
2021-07-16
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| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Clerk's notice granting eot (CLKEX) ~ IB-14 days to 8/04/2021
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|
| Docket Date |
2021-07-15
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Initial Brief
|
| Description |
Mot. for Extension of time to file Initial Brief
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| On Behalf Of |
JAMES A. CUMMINGS, INC.
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|
| Docket Date |
2021-06-11
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| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ IB-21 days to 07/21/2021
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|
| Docket Date |
2021-06-10
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| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Notice of Agreed Extension of Time
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| On Behalf Of |
JAMES A. CUMMINGS, INC.
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|
| Docket Date |
2021-06-08
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| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Record on Appeal ~ CORRECTED RECORD
|
| On Behalf Of |
Miami-Dade Clerk
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|
| Docket Date |
2021-05-18
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ IB-30 days to 06/30/2021
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|
| Docket Date |
2021-05-18
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Notice of Agreed Extension of Time
|
| On Behalf Of |
JAMES A. CUMMINGS, INC.
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|
| Docket Date |
2021-03-05
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| Type |
Record
|
| Subtype |
Supplemental Record
|
| Description |
Supplemental Records ~ Supplemental Records Peg- 28144-28161
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| On Behalf Of |
Miami-Dade Clerk
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|
| Docket Date |
2021-03-04
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Record on Appeal ~ Record on Appeal (1) 1-3700
|
| On Behalf Of |
Miami-Dade Clerk
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|
| Docket Date |
2021-02-22
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ IB-69 days to 05/31/2021
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|
| Docket Date |
2021-02-19
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Notice of Agreed Extension of Time
|
| On Behalf Of |
JAMES A. CUMMINGS, INC.
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|
| Docket Date |
2021-01-28
|
| Type |
Misc. Events
|
| Subtype |
Cross-Notice Filing Fee Paid through Portal
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| Description |
CROSS NOTICE FILING FEE PAID THROUGH PORTAL
|
| On Behalf Of |
PROCACCI DOLPHIN, LLC
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|
| Docket Date |
2021-01-28
|
| Type |
Notice
|
| Subtype |
Notice of Cross Appeal
|
| Description |
Notice of Cross Appeal
|
| On Behalf Of |
PROCACCI DOLPHIN, LLC
|
|
| Docket Date |
2021-01-28
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
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| Description |
Pay Filing Fee on Cr-app,joinders,intervene(OR14K) ~ A notice of cross-appeal has been filed in this cause without the required statutory filing fee. Within ten (10) days from the date of this Order, Procacci Dolphin, LLC and Procacci Sweetwater, LLC shall pay the required two hundred ninety-five dollar ($295.00) fee to the Clerk of the Court by cash, cashier’s check, money order, or electronically through the Florida Courts E-Filing Portal.
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|
| Docket Date |
2021-01-27
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| Type |
Notice
|
| Subtype |
Notice of Appearance
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| Description |
Notice of Appearance
|
| On Behalf Of |
PROCACCI DOLPHIN, LLC
|
|
| Docket Date |
2021-01-19
|
| Type |
Motions Other
|
| Subtype |
Motion To Dismiss
|
| Description |
Motion to Dismiss Denied (OD32) ~ Upon consideration, Appellees’ Motion to Dismiss the Appeal is hereby denied as moot. MILLER, GORDO and BOKOR, JJ., concur.
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|
| Docket Date |
2021-01-12
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ APPELLANTS' RESPONSE TO MOTION TO DISMISS APPEAL
|
| On Behalf Of |
JAMES A. CUMMINGS, INC.
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|
| Docket Date |
2021-01-12
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance ~ NOTICE OF APPEARANCE AND REQUEST FOR E-SERVICE
|
| On Behalf Of |
JAMES A. CUMMINGS, INC.
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|
| Docket Date |
2020-12-28
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
PROCACCI DOLPHIN, LLC
|
|
| Docket Date |
2020-12-28
|
| Type |
Motions Other
|
| Subtype |
Motion To Dismiss
|
| Description |
Motion To Dismiss ~ MOTION TO DISMISS APPEAL
|
| On Behalf Of |
PROCACCI DOLPHIN, LLC
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|
| Docket Date |
2020-12-22
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
JAMES A. CUMMINGS, INC.
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|
| Docket Date |
2020-12-22
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter ~ Acknowledgment of new case letter with attachments. The $300 filing fee for a notice of appeal is due.
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|
| Docket Date |
2020-12-22
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
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| Description |
Order to pay filing fee-civil w/atty (OR14B) ~ This is to notify counsel for Appellants 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 January 1, 2021.
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|
| Docket Date |
2020-12-22
|
| Type |
Misc. Events
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| Subtype |
Fee Status
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| Description |
A3:Paid In Full - $300
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