CSC SERVICEWORKS, INC. VS BOCA BAYOU CONDOMINIUM ASSOCIATION, INC.
|
4D2020-1820
|
2020-08-17
|
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
502016CA011456
|
Parties
Name |
CSC SERVICEWORKS, INC.
|
Role |
Appellant
|
Status |
Active
|
Representations |
David P. Reiner, I I
|
|
Name |
BOCA BAYOU CONDOMINIUM ASSOCIATION, INC.
|
Role |
Appellee
|
Status |
Active
|
Representations |
Kenneth E. Zeilberger, Rodney W. Bryson
|
|
Name |
Hon. Scott Ryan Kerner
|
Role |
Judge/Judicial Officer
|
Status |
Active
|
|
Name |
Clerk - Palm Beach
|
Role |
Lower Tribunal Clerk
|
Status |
Active
|
|
Docket Entries
Docket Date |
2020-10-26
|
Type |
Disposition by Order
|
Subtype |
Dismissed
|
Description |
ORD-Sua Sponte Dismissed for Lack of Jurisdiction ~ ORDERED that, upon consideration of appellant’s August 28, 2020 jurisdictional brief, this appeal is dismissed for lack of jurisdiction. Further,ORDERED that appellant’s October 23, 2020 request for extension of time to file initial brief is determined to be moot.LEVINE C.J., WARNER and ARTAU, JJ., concur.
|
|
Docket Date |
2020-10-26
|
Type |
Disposition
|
Subtype |
Dismissed
|
Description |
Dismissed - Order by Judge
|
|
Docket Date |
2020-10-23
|
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 |
CSC Serviceworks, Inc.
|
|
Docket Date |
2020-10-06
|
Type |
Misc. Events
|
Subtype |
Case Filing Fee Paid through Portal
|
Description |
Case Filing Fee Paid Through Portal
|
On Behalf Of |
CSC Serviceworks, Inc.
|
|
Docket Date |
2020-08-28
|
Type |
Brief
|
Subtype |
Jurisdictional Brief
|
Description |
Jurisdictional Brief
|
On Behalf Of |
CSC Serviceworks, Inc.
|
|
Docket Date |
2020-08-28
|
Type |
Record
|
Subtype |
Appendix
|
Description |
Appendix to Brief
|
On Behalf Of |
CSC Serviceworks, Inc.
|
|
Docket Date |
2020-08-18
|
Type |
Order
|
Subtype |
Order to File Response re Jurisdiction
|
Description |
AA - File Statement for Basis of Jurisdiction ~ ORDERED that within ten (10) days from the date of this order appellant shall file in this court a brief statement explaining the basis for this court's subject matter jurisdiction over the order appealed in this case, citing supporting legal authorities. Appellant shall specifically address how the July 17, 2020 order is an appealable order in that it grants entitlement to attorney's fees and costs but does not determine an amount, see Ross v. Blank, 958 So. 2d 437, 441 (Fla. 4th DCA 2007); Winkelman v. Toll, 632 So. 2d 130 (Fla. 4th DCA 1994); furtherAppellee may file a response within ten (10) days of service of that statement.
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|
Docket Date |
2020-08-18
|
Type |
Letter
|
Subtype |
Acknowledgment Letter
|
Description |
Acknowledgment Letter
|
|
Docket Date |
2020-08-17
|
Type |
Misc. Events
|
Subtype |
Fee Status
|
Description |
FP:Fee Paid Through Portal
|
|
Docket Date |
2020-08-17
|
Type |
Notice
|
Subtype |
Notice of Appeal
|
Description |
Notice of Appeal Filed
|
On Behalf Of |
CSC Serviceworks, Inc.
|
|
|
CSC SERVICEWORKS, INC. VS BOCA BAYOU CONDOMINIUM ASSOCIATION, INC.
|
4D2019-3962
|
2019-12-30
|
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
502016CA011456
|
Parties
Name |
CSC SERVICEWORKS, INC.
|
Role |
Appellant
|
Status |
Active
|
Representations |
Chelsea Silvia, David P. Reiner, I I
|
|
Name |
BOCA BAYOU CONDOMINIUM ASSOCIATION, INC.
|
Role |
Appellee
|
Status |
Active
|
Representations |
Kenneth E. Zeilberger
|
|
Name |
Hon. Scott Ryan Kerner
|
Role |
Judge/Judicial Officer
|
Status |
Active
|
|
Name |
Clerk - Palm Beach
|
Role |
Lower Tribunal Clerk
|
Status |
Active
|
|
Docket Entries
Docket Date |
2020-12-18
|
Type |
Misc. Events
|
Subtype |
West Publishing
|
Description |
West Publishing
|
|
Docket Date |
2020-12-02
|
Type |
Order
|
Subtype |
Order on Motion For Attorney's Fees
|
Description |
Order Granting Attorney Fees-Unconditionally ~ ORDERED that appellee’s June 23, 2020 motion for attorney's fees is granted. On remand, the trial court shall set the amount of the attorney's fees to be awarded for this appellate case. If a motion for rehearing is filed in this court, then services rendered in connection with the filing of the motion, including, but not limited to, preparation of a responsive pleading, shall be taken into account in computing the amount of the fee. Further,ORDERED that the motion for costs filed by Kenneth E. Zeilberger is denied without prejudice to seek costs in the trial court.
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Docket Date |
2020-12-02
|
Type |
Disposition by Opinion
|
Subtype |
Affirmed
|
Description |
Affirmed - Authored Opinion
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|
Docket Date |
2020-12-18
|
Type |
Mandate
|
Subtype |
Mandate
|
Description |
Mandate
|
|
Docket Date |
2020-08-07
|
Type |
Brief
|
Subtype |
Reply Brief
|
Description |
Appellant's Reply Brief
|
On Behalf Of |
CSC Serviceworks, Inc.
|
|
Docket Date |
2020-08-07
|
Type |
Motions Relating to Attorney Fees/Costs
|
Subtype |
Motion For Attorney's Fees
|
Description |
Motion For Attorney's Fees
|
On Behalf Of |
CSC Serviceworks, Inc.
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|
Docket Date |
2020-07-20
|
Type |
Notice
|
Subtype |
Notice of Agreed Extension of Time - Reply Brief
|
Description |
Notice of Agreed Extension - Reply Brief
|
On Behalf Of |
CSC Serviceworks, Inc.
|
|
Docket Date |
2020-07-20
|
Type |
Order
|
Subtype |
Order on Agreed Extension of Time
|
Description |
Recognizing Agreed Extension of Time ~ 15 DAYS TO 8/7/20.
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|
Docket Date |
2020-06-23
|
Type |
Brief
|
Subtype |
Answer Brief
|
Description |
Appellee's Answer Brief
|
On Behalf Of |
Boca Bayou Condominium Association, Inc.
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|
Docket Date |
2020-06-23
|
Type |
Motions Relating to Attorney Fees/Costs
|
Subtype |
Motion For Attorney's Fees
|
Description |
Motion For Attorney's Fees
|
On Behalf Of |
Boca Bayou Condominium Association, Inc.
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|
Docket Date |
2020-06-02
|
Type |
Order
|
Subtype |
Order on Agreed Extension of Time
|
Description |
Recognizing Agreed Extension of Time ~ TO 6/23/20.
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|
Docket Date |
2020-06-02
|
Type |
Notice
|
Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
Description |
Notice of Agreed Extension - Answer Brief
|
On Behalf Of |
Boca Bayou Condominium Association, Inc.
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Docket Date |
2020-05-06
|
Type |
Order
|
Subtype |
Order on Motion to Supplement Record & EOT/Toll Briefing
|
Description |
Order Granting Motion to Supplement the Record ~ ORDERED that appellant's May 15, 2020 motion to supplement the record is granted. The proposed supplemental record is deemed filed.
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|
Docket Date |
2020-05-06
|
Type |
Record
|
Subtype |
Supplemental Record
|
Description |
Supplemental Records
|
On Behalf Of |
CSC Serviceworks, Inc.
|
|
Docket Date |
2020-05-05
|
Type |
Order
|
Subtype |
Order Striking Filing
|
Description |
Stricken - No or Noncompliant Cert. of Service ~ ORDERED that appellant's May 4, 2020 initial brief is stricken as not in compliance with Florida Rule of Appellate Procedure 9.420(d) in that there is no certificate of service or the certificate of service does not comply in substance with the requirements of Florida Rule of Judicial Administration 2.516(f).
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|
Docket Date |
2020-05-05
|
Type |
Motions Relating to Records
|
Subtype |
Motion to Supplement Record
|
Description |
Motion To File Supplemental Record ~ /CORRECT
|
On Behalf Of |
CSC Serviceworks, Inc.
|
|
Docket Date |
2020-05-05
|
Type |
Brief
|
Subtype |
Amended Initial Brief
|
Description |
Amended Appellant's Initial Brief
|
On Behalf Of |
CSC Serviceworks, Inc.
|
|
Docket Date |
2020-05-04
|
Type |
Brief
|
Subtype |
Initial Brief
|
Description |
Initial Brief on Merits ~ **STRICKEN**
|
On Behalf Of |
CSC Serviceworks, Inc.
|
|
Docket Date |
2020-04-17
|
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 |
CSC Serviceworks, Inc.
|
|
Docket Date |
2020-04-17
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
Description |
Order Granting EOT for Initial Brief ~ ORDERED that appellant's April 17, 2020 motion for extension of time is granted, and appellant shall serve the initial brief on or before May 4, 2020. In addition, if the initial brief is not served within the time provided for in this order, the above-styled case may be subject to dismissal or the court in its discretion may impose other sanctions.
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|
Docket Date |
2020-03-12
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
Description |
Order Granting EOT for Initial Brief ~ ORDERED that appellant's March 11, 2020 amended motion for extension of time is granted, and appellant shall serve the initial brief on or before April 20, 2020. In addition, if the initial brief is not served within the time provided for in this order, the above-styled case may be subject to dismissal or the court in its discretion may impose other sanctions.
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|
Docket Date |
2020-03-11
|
Type |
Motions Extensions
|
Subtype |
Motion for Extension of Time to Serve Initial Brief
|
Description |
Mot. for Extension of time to file Initial Brief ~ AMENDED.
|
On Behalf Of |
CSC Serviceworks, Inc.
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|
Docket Date |
2020-03-11
|
Type |
Order
|
Subtype |
Order Striking Filing
|
Description |
Stricken - No or Noncompliant Cert. of Service ~ ORDERED that appellant's March 10, 2020 motion is stricken as not in compliance with Florida Rule of Appellate Procedure 9.420(d) in that there is no certificate of service or the certificate of service does not comply in substance with the requirements of Florida Rule of Judicial Administration 2.516(f).
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|
Docket Date |
2020-03-10
|
Type |
Motions Extensions
|
Subtype |
Motion for Extension of Time to Serve Initial Brief
|
Description |
Mot. for Extension of time to file Initial Brief ~ **STRICKEN**
|
On Behalf Of |
CSC Serviceworks, Inc.
|
|
Docket Date |
2020-02-12
|
Type |
Record
|
Subtype |
Transcript
|
Description |
Transcript Received ~ 357 PAGES
|
On Behalf Of |
Clerk - Palm Beach
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|
Docket Date |
2020-01-10
|
Type |
Notice
|
Subtype |
Notice of Filing
|
Description |
Notice of Filing ~ FINAL JUDGMENT
|
On Behalf Of |
CSC Serviceworks, Inc.
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|
Docket Date |
2020-01-02
|
Type |
Misc. Events
|
Subtype |
Case Filing Fee Paid through Portal
|
Description |
Case Filing Fee Paid Through Portal
|
On Behalf Of |
CSC Serviceworks, Inc.
|
|
Docket Date |
2019-12-31
|
Type |
Letter
|
Subtype |
Acknowledgment Letter
|
Description |
Acknowledgment Letter
|
|
Docket Date |
2019-12-31
|
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.
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|
Docket Date |
2019-12-30
|
Type |
Misc. Events
|
Subtype |
Fee Status
|
Description |
FP:Fee Paid Through Portal
|
|
Docket Date |
2019-12-30
|
Type |
Notice
|
Subtype |
Notice of Appeal
|
Description |
Notice of Appeal Filed
|
On Behalf Of |
CSC Serviceworks, Inc.
|
|
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BOCA BAYOU CONDO ASSOC. VS FLORIDA GUARANTY INSURANCE ASSOCIATION
|
4D2017-1289
|
2017-05-01
|
Closed
|
|
Classification |
Original Proceedings - Circuit Civil - Certiorari
|
Court |
4th District Court of Appeal
|
Originating Court |
Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County
502008CA016094XXXXMB
|
Parties
Name |
BOCA BAYOU CONDOMINIUM ASSOCIATION, INC.
|
Role |
Petitioner
|
Status |
Active
|
Representations |
Howard Perl, Ronald E. D'Anna
|
|
Name |
FLORIDA GUARANTY INSURANCE ASSOCIATION
|
Role |
Respondent
|
Status |
Active
|
Representations |
Evan D. Appell, PHILIP E. WARD
|
|
Name |
Hon. Joseph George Marx
|
Role |
Judge/Judicial Officer
|
Status |
Active
|
|
Name |
Clerk - Palm Beach
|
Role |
Lower Tribunal Clerk
|
Status |
Active
|
|
Docket Entries
Docket Date |
2017-05-01
|
Type |
Misc. Events
|
Subtype |
Fee Status
|
Description |
A3:Paid In Full - $300
|
|
Docket Date |
2017-05-01
|
Type |
Notice
|
Subtype |
Notice of Filing
|
Description |
Notice of Filing ~ APPENDIX TO PETITION
|
On Behalf Of |
Boca Bayou Condominium Association, Inc.
|
|
Docket Date |
2017-05-17
|
Type |
Disposition by Order
|
Subtype |
Dismissed
|
Description |
Order-Original Proceeding Dismissed ~ ORDERED that the petition for writ of certiorari is dismissed for failure to establish irreparable harm. See Williams v. Oken, 62 So. 3d 1129, 1132 (Fla. 2011); Bared & Co., Inc. v. McGuire, 670 So. 2d 153 (Fla. 4th DCA 1996).GROSS, GERBER and KLINGENSMITH, JJ., concur.
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|
Docket Date |
2017-05-17
|
Type |
Order
|
Subtype |
Order Striking Filing
|
Description |
ORD-Stricken as Unauthorized ~ ORDERED sua sponte that the appellant's May 16, 2017 notice of unavailability is stricken as unauthorized.
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|
Docket Date |
2017-05-17
|
Type |
Disposition
|
Subtype |
Dismissed
|
Description |
Dismissed - Order by Judge
|
|
Docket Date |
2017-05-16
|
Type |
Notice
|
Subtype |
Notice
|
Description |
Notice ~ ***STRICKEN AS UNAUTHORIZED 5/17/17** OF UNAVAILABILITY
|
On Behalf Of |
Boca Bayou Condominium Association, Inc.
|
|
Docket Date |
2017-05-10
|
Type |
Record
|
Subtype |
Appendix to Petition
|
Description |
Appendix to Petition
|
On Behalf Of |
Boca Bayou Condominium Association, Inc.
|
|
Docket Date |
2017-05-02
|
Type |
Letter
|
Subtype |
Acknowledgment Letter
|
Description |
Writ of Certiorari / Acknowledgment letter
|
|
Docket Date |
2017-05-02
|
Type |
Order
|
Subtype |
Order on Filing Fee
|
Description |
ORD-Pay Filing Fee-Original Proceeding ~ The $300.00 filing fee or affidavit of indigency in conformance with sections 57.081 and 57.085, Florida Statutes, did not accompany the petition as required in Florida Rule of Appellate Procedure 9.100(b). The filing fee is due and payable at the time of filing REGARDLESS OF WHETHER THE PETITION IS SUBSEQUENTLY VOLUNTARILY DISMISSED OR ADVERSELY DISMISSED.ORDERED sua sponte that the $300.00 filing fee or affidavit of indigency in conformance with section 57.081 and 57.085, Florida Statutes, must be filed in this Court within ten (10) days from the date of the entry of this order. 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 petition has a duty to tender the filing fee to the appellate court when the petition 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: 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 this filing fee is paid or until an affidavit of indigency is filed and indigency status is granted.
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|
Docket Date |
2017-05-01
|
Type |
Petition
|
Subtype |
Petition
|
Description |
Petition Filed
|
On Behalf Of |
Boca Bayou Condominium Association, Inc.
|
|
|
CSC SERVICEWORKS, INC. VS BOCA BAYOU CONDO ASSOC., etc., and COMMERCIAL LAUNDRIES INC.
|
4D2017-0974
|
2017-04-03
|
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
2016-CA-011456 (AJ)
|
Parties
Name |
CSC SERVICEWORKS, INC.
|
Role |
Appellant
|
Status |
Active
|
Representations |
Chelsea Silvia, MONICA TIRADO, David P. Reiner, I I
|
|
Name |
COMMERCIAL LAUNDRIES, INC.
|
Role |
Appellee
|
Status |
Active
|
|
Name |
BOCA BAYOU CONDOMINIUM ASSOCIATION, INC.
|
Role |
Appellee
|
Status |
Active
|
Representations |
Lilliana M. Farinas-Sabogal, Howard Perl, Keith F Backer, Rodney W. Bryson
|
|
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 |
2017-08-31
|
Type |
Record
|
Subtype |
Appendix
|
Description |
Appendix ~ TO MOTION TO ACCEPT BRIEF AS TIMELY FILED.
|
On Behalf Of |
Boca Bayou Condominium Association, Inc.
|
|
Docket Date |
2017-08-31
|
Type |
Motions Relating to Briefs
|
Subtype |
Motion to Accept Brief as Timely
|
Description |
Motion To Accept Timely Brief ~ TO ACCEPT ANSWER BRIEF TIMELY FILED OR IN THE ALTERNATIVE FOR A ONE DAY EXTENSION OF TIME.
|
On Behalf Of |
Boca Bayou Condominium Association, Inc.
|
|
Docket Date |
2018-04-27
|
Type |
Misc. Events
|
Subtype |
West Publishing
|
Description |
West Publishing
|
|
Docket Date |
2018-04-27
|
Type |
Mandate
|
Subtype |
Mandate
|
Description |
Mandate
|
|
Docket Date |
2018-04-06
|
Type |
Order
|
Subtype |
Order on Motion for Rehearing
|
Description |
ORD-Denying Rehearing ~ ORDERED that the appellant's March 22, 2018 motion for rehearing is denied.
|
|
Docket Date |
2018-04-02
|
Type |
Response
|
Subtype |
Response
|
Description |
Response
|
On Behalf Of |
Boca Bayou Condominium Association, Inc.
|
|
Docket Date |
2018-03-22
|
Type |
Post-Disposition Motions
|
Subtype |
Motion for Rehearing
|
Description |
Motion For Rehearing
|
On Behalf Of |
CSC Serviceworks, Inc.
|
|
Docket Date |
2018-03-07
|
Type |
Disposition by Opinion
|
Subtype |
Affirmed
|
Description |
Affirmed - Authored Opinion
|
|
Docket Date |
2017-10-09
|
Type |
Brief
|
Subtype |
Reply Brief
|
Description |
Appellant's Reply Brief ~ (COMMERCIAL LAUNDRIES, INC.)
|
On Behalf Of |
CSC Serviceworks, Inc.
|
|
Docket Date |
2017-09-29
|
Type |
Notice
|
Subtype |
Notice of Agreed Extension of Time - Reply Brief
|
Description |
Notice of Agreed Extension - Reply Brief ~ 10 DAYS TO 10/10/17.
|
On Behalf Of |
CSC Serviceworks, Inc.
|
|
Docket Date |
2017-09-19
|
Type |
Notice
|
Subtype |
Notice of Agreed Extension of Time - Reply Brief
|
Description |
Notice of Agreed Extension - Reply Brief ~ 10 DAYS TO 9/29/17
|
On Behalf Of |
CSC Serviceworks, Inc.
|
|
Docket Date |
2017-09-01
|
Type |
Order
|
Subtype |
Order on Motion to Accept Brief as Timely
|
Description |
Grant to Accept Brief Filed as Timely ~ ORDERED that the appellee's August 31, 2017 unopposed motion to accept answer brief as timely filed is granted. The brief is deemed timely filed as of August 31, 2017.
|
|
Docket Date |
2017-08-31
|
Type |
Brief
|
Subtype |
Answer Brief
|
Description |
Appellee's Answer Brief ~ *DEEMED TIMELY FILED* (BOCA BAYOU CONDOMINIUM ASSOC., INC.)
|
On Behalf Of |
Boca Bayou Condominium Association, Inc.
|
|
Docket Date |
2017-08-30
|
Type |
Brief
|
Subtype |
Answer Brief
|
Description |
Appellee's Answer Brief
|
On Behalf Of |
Boca Bayou Condominium Association, Inc.
|
|
Docket Date |
2017-08-02
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
Description |
Order Granting EOT for Answer Brief ~ ORDERED that appellee Commercial Laundries, Inc.'s July 18, 2017 second motion for extension of time to file answer brief is granted, and appellant shall file the answer brief on or before August 30, 2017. 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.
|
|
Docket Date |
2017-07-26
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
Description |
Order Granting EOT for Answer Brief ~ ORDERED that appellee Boca Bayo Condo Assoc.'s July 14, 2017 second motion for extension of time to file a response is granted, and appellant shall file the answer brief on or before August 30, 2017. 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.
|
|
Docket Date |
2017-07-18
|
Type |
Motions Extensions
|
Subtype |
Motion for Extension of Time to Serve Answer Brief
|
Description |
Mot. for Extension of time to file Answer Brief ~ (COMMERCIAL LAUNDRIES)
|
On Behalf Of |
Boca Bayou Condominium Association, Inc.
|
|
Docket Date |
2017-07-14
|
Type |
Motions Extensions
|
Subtype |
Motion for Extension of Time to Serve Answer Brief
|
Description |
Mot. for Extension of time to file Answer Brief ~ (BOCA BAYOU CONDOMINIUM ASSOC.)
|
On Behalf Of |
Boca Bayou Condominium Association, Inc.
|
|
Docket Date |
2017-07-11
|
Type |
Record
|
Subtype |
Record on Appeal
|
Description |
Received Records ~ (447 PAGES)
|
|
Docket Date |
2017-06-30
|
Type |
Notice
|
Subtype |
Notice of Appearance
|
Description |
Notice of Appearance
|
On Behalf Of |
Boca Bayou Condominium Association, Inc.
|
|
Docket Date |
2017-06-21
|
Type |
Notice
|
Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
Description |
Notice of Agreed Extension - Answer Brief ~ 30 DAYS TO 7/31/17. (BOCA BAYOU CONDO ASSO. INC.)
|
On Behalf Of |
Boca Bayou Condominium Association, Inc.
|
|
Docket Date |
2017-06-06
|
Type |
Brief
|
Subtype |
Initial Brief
|
Description |
Initial Brief on Merits
|
On Behalf Of |
CSC Serviceworks, Inc.
|
|
Docket Date |
2017-06-06
|
Type |
Record
|
Subtype |
Appendix
|
Description |
Appendix to Brief
|
On Behalf Of |
CSC Serviceworks, Inc.
|
|
Docket Date |
2017-05-18
|
Type |
Order
|
Subtype |
Order Striking Filing
|
Description |
ORD-Stricken as Unauthorized ~ ORDERED sua sponte that the appellee's May 16, 2017 notice of unavailability is stricken as unauthorized.
|
|
Docket Date |
2017-05-16
|
Type |
Notice
|
Subtype |
Notice
|
Description |
Notice ~ **STRICKEN** OF UNAVAILABILTY.
|
On Behalf Of |
Boca Bayou Condominium Association, Inc.
|
|
Docket Date |
2017-04-07
|
Type |
Notice
|
Subtype |
Notice of Appearance
|
Description |
Notice of Appearance
|
On Behalf Of |
Boca Bayou Condominium Association, Inc.
|
|
Docket Date |
2017-04-04
|
Type |
Letter
|
Subtype |
Acknowledgment Letter
|
Description |
Acknowledgment Letter
|
|
Docket Date |
2017-04-04
|
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. 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 |
2017-04-03
|
Type |
Notice
|
Subtype |
Notice of Appeal
|
Description |
Notice of Appeal Filed
|
On Behalf Of |
CSC Serviceworks, Inc.
|
|
Docket Date |
2017-04-03
|
Type |
Misc. Events
|
Subtype |
Fee Status
|
Description |
A3:Paid In Full - $300
|
|
|
BOCA BAYOU CONDO ASSOC. VS MIA REAL RENTALS, LLC and T & J PROPERTY ASSOC., LLC.
|
4D2015-4642
|
2015-12-09
|
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
2015CA000576-AG
|
Parties
Name |
BOCA BAYOU CONDOMINIUM ASSOCIATION, INC.
|
Role |
Appellant
|
Status |
Active
|
Representations |
Ronald E. D'Anna
|
|
Name |
MIA REAL RENTALS, LLC
|
Role |
Appellee
|
Status |
Active
|
Representations |
Howard D. Dubosar, JASON A. ROSENTHAL, Cory S. Carano, ROBERT C. SHERES
|
|
Name |
T & J PROPERTY ASSOC.
|
Role |
Appellee
|
Status |
Active
|
|
Name |
Hon. Donald W. Hafele
|
Role |
Judge/Judicial Officer
|
Status |
Active
|
|
Name |
Clerk - Palm Beach
|
Role |
Lower Tribunal Clerk
|
Status |
Active
|
|
Docket Entries
Docket Date |
2016-12-09
|
Type |
Mandate
|
Subtype |
Mandate
|
Description |
Mandate
|
|
Docket Date |
2016-12-09
|
Type |
Misc. Events
|
Subtype |
West Publishing
|
Description |
West Publishing
|
|
Docket Date |
2016-11-17
|
Type |
Order
|
Subtype |
Order on Motion For Attorney's Fees
|
Description |
Order Granting Attorney Fees-Unconditionally ~ ORDERED that the appellees' May 18, 2016 motion for attorneys' fees is granted. On remand, the trial court shall set the amount of the attorneys' fees to be awarded for this appellate case. If a motion for rehearing is filed in this court, then services rendered in connection with the filing of the motion, including, but not limited to, preparation of a responsive pleading, shall be taken into account in computing the amount of the fee
|
|
Docket Date |
2016-11-17
|
Type |
Disposition by Opinion
|
Subtype |
Affirmed
|
Description |
Affirmed - Per Curiam Affirmed
|
|
Docket Date |
2016-08-08
|
Type |
Order
|
Subtype |
Order Dispensing with Oral Argument
|
Description |
ORD-Dispensing Oral Argument ~ 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.
|
|
Docket Date |
2016-05-18
|
Type |
Motions Relating to Oral Argument
|
Subtype |
Motion/Request for Oral Argument
|
Description |
Request for Oral Argument
|
On Behalf Of |
MIA REAL RENTALS, LLC
|
|
Docket Date |
2016-05-18
|
Type |
Brief
|
Subtype |
Answer Brief
|
Description |
Appellee's Answer Brief
|
On Behalf Of |
MIA REAL RENTALS, LLC
|
|
Docket Date |
2016-05-18
|
Type |
Motions Relating to Attorney Fees/Costs
|
Subtype |
Motion For Attorney's Fees
|
Description |
Motion For Attorney's Fees
|
On Behalf Of |
MIA REAL RENTALS, LLC
|
|
Docket Date |
2016-05-04
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
Description |
Order Granting EOT for Answer Brief ~ ORDERED that appellees' April 28, 2016 motion for enlargement of time is granted, and appellees shall serve the answer brief on or before May 18, 2016. In addition, appellees are notified that the failure to serve the brief within the time provided herein may foreclose appellees' right to file a brief or otherwise participate in this appeal.
|
|
Docket Date |
2016-04-28
|
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 |
MIA REAL RENTALS, LLC
|
|
Docket Date |
2016-04-01
|
Type |
Record
|
Subtype |
Record on Appeal
|
Description |
Received Records ~ (281 PAGES)
|
|
Docket Date |
2016-03-30
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
Description |
Order Granting EOT for Answer Brief ~ ORDERED that appellees' March 21, 2016 motion for extension of time is granted, and appellee shall serve the answer brief within thirty (30) days from the date of this order. 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.
|
|
Docket Date |
2016-03-21
|
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 |
MIA REAL RENTALS, LLC
|
|
Docket Date |
2016-03-11
|
Type |
Notice
|
Subtype |
Notice of Appearance
|
Description |
Notice of Appearance ~ & DESIGNATION OF EMAIL ADDRESS
|
On Behalf Of |
MIA REAL RENTALS, LLC
|
|
Docket Date |
2016-02-29
|
Type |
Brief
|
Subtype |
Initial Brief
|
Description |
Initial Brief on Merits
|
On Behalf Of |
Boca Bayou Condominium Association, Inc.
|
|
Docket Date |
2016-02-19
|
Type |
Order
|
Subtype |
Show Cause
|
Description |
Show Cause Lack of Prosecution, Initial Brief ~ ORDERED that appellant in the above-styled case is directed to show cause in writing, if any there be, on or before February 29, 2016, why the above-styled case should not be dismissed for lack of timely prosecution, in that the appellant's initial brief has not been filed with this court as of this date. Failure to respond to this order will result in a sua sponte dismissal without further notice. If the initial brief is filed within this time, the order to show cause will be considered automatically discharged without further order.
|
|
Docket Date |
2015-12-11
|
Type |
Letter
|
Subtype |
Acknowledgment Letter
|
Description |
Acknowledgment Letter
|
|
Docket Date |
2015-12-11
|
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. 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 |
2015-12-09
|
Type |
Misc. Events
|
Subtype |
Fee Status
|
Description |
A3:Paid In Full - $300
|
|
Docket Date |
2015-12-09
|
Type |
Notice
|
Subtype |
Notice of Appeal
|
Description |
Notice of Appeal Filed
|
On Behalf Of |
Boca Bayou Condominium Association, Inc.
|
|
|
BOCA BAYOU CONDO. ASSOCIATION, INC. VS THE FLORIDA INSURANCE GUARANTY ASSOCIATION
|
4D2014-3593
|
2014-09-25
|
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
2008CA016094XXXXMB
|
Parties
Name |
BOCA BAYOU CONDOMINIUM ASSOCIATION, INC.
|
Role |
Appellant
|
Status |
Active
|
Representations |
Ronald E. D'Anna, KRISTIN J. MENTZER
|
|
Name |
THE FLORIDA INSURANCE GUARANTY
|
Role |
Appellee
|
Status |
Active
|
Representations |
JEFFREY T. KUNTZ, PHILIP E. WARD, Evan D. Appell
|
|
Name |
HON. JACK SCHRAMM COX (DNU)
|
Role |
Judge/Judicial Officer
|
Status |
Active
|
|
Name |
Clerk - Palm Beach
|
Role |
Lower Tribunal Clerk
|
Status |
Active
|
|
Docket Entries
Docket Date |
2016-08-05
|
Type |
Mandate
|
Subtype |
Mandate
|
Description |
Mandate
|
|
Docket Date |
2016-07-15
|
Type |
Order
|
Subtype |
Order on Motion for Rehearing
|
Description |
ORD-Denying Rehearing ~ ORDERED that the appellant's June 24, 2016 motion for rehearing and request for the issuance of a written opinion is denied.
|
|
Docket Date |
2016-07-15
|
Type |
Misc. Events
|
Subtype |
West Publishing
|
Description |
West Publishing
|
|
Docket Date |
2016-07-11
|
Type |
Response
|
Subtype |
Response
|
Description |
Response ~ TO MOTION FOR REHEARING, ETC.
|
On Behalf Of |
THE FLORIDA INSURANCE GUARANTY
|
|
Docket Date |
2016-06-24
|
Type |
Post-Disposition Motions
|
Subtype |
Motion for Rehearing
|
Description |
Motion For Rehearing ~ AND REQUEST FOR WRITTEN OPINION
|
On Behalf Of |
Boca Bayou Condominium Association, Inc.
|
|
Docket Date |
2016-06-09
|
Type |
Disposition by Opinion
|
Subtype |
Affirmed
|
Description |
Affirmed - Per Curiam Affirmed
|
|
Docket Date |
2016-06-09
|
Type |
Order
|
Subtype |
Order on Motion For Attorney's Fees
|
Description |
Deny Attorney's Fees ~ ORDERED that the appellant's February 27, 2015 motion for attorneys' fees is denied.
|
|
Docket Date |
2016-05-31
|
Type |
Misc. Events
|
Subtype |
Oral Argument Date Set
|
Description |
Oral Argument Date Set ~ 4DCA
|
|
Docket Date |
2016-03-24
|
Type |
Order
|
Subtype |
Order on Motion/Request for Oral Argument
|
Description |
ORD-Setting Oral Argument ~ This case is set for Oral Argument on May 31, 2016, at 9:00 A.M. for 15 minutes per side. The court calendars can be viewed on this court's website at HYPERLINK "http://www.4dca.org" www.4dca.org. Attorneys not registered with this court¿s eDCA and pro se parties are required to file a "Notice of Receipt of Oral Argument" within ten (10) days from the date of this order, acknowledging they have received this order.
|
|
Docket Date |
2015-08-10
|
Type |
Brief
|
Subtype |
Answer Brief
|
Description |
Appellee's Answer Brief
|
On Behalf Of |
THE FLORIDA INSURANCE GUARANTY
|
|
Docket Date |
2015-07-31
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
Description |
ORD-Answer Brief to be Served ~ **FINAL** ORDERED that appellee's July 20, 2015 agreed motion for extension of time is granted, and appellee shall serve the answer brief within ten (10) days from the date of this order. In addition, appellee is notified that the failure to serve the brief within the time provided herein will foreclose appellee's right to file a brief or otherwise participate in this appeal, or the court in its discretion may impose other sanctions. This is the final extension of time that will be permitted for this purpose.
|
|
Docket Date |
2015-07-20
|
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 |
THE FLORIDA INSURANCE GUARANTY
|
|
Docket Date |
2015-06-19
|
Type |
Notice
|
Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
Description |
Notice of Agreed Extension - Answer Brief ~ 30 DAYS TO 07/20/15
|
On Behalf Of |
THE FLORIDA INSURANCE GUARANTY
|
|
Docket Date |
2015-05-18
|
Type |
Notice
|
Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
Description |
Notice of Agreed Extension - Answer Brief ~ 30 DAYS TO 06/19/15
|
On Behalf Of |
THE FLORIDA INSURANCE GUARANTY
|
|
Docket Date |
2015-04-17
|
Type |
Notice
|
Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
Description |
Notice of Agreed Extension - Answer Brief ~ 30 DAYS TO 05/20/15
|
On Behalf Of |
THE FLORIDA INSURANCE GUARANTY
|
|
Docket Date |
2015-03-18
|
Type |
Notice
|
Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
Description |
Notice of Agreed Extension - Answer Brief ~ 30 DAYS TO 04/17/15
|
On Behalf Of |
THE FLORIDA INSURANCE GUARANTY
|
|
Docket Date |
2015-02-27
|
Type |
Motions Relating to Attorney Fees/Costs
|
Subtype |
Motion For Attorney's Fees
|
Description |
Motion For Attorney's Fees
|
On Behalf Of |
Boca Bayou Condominium Association, Inc.
|
|
Docket Date |
2015-02-20
|
Type |
Motions Relating to Oral Argument
|
Subtype |
Motion/Request for Oral Argument
|
Description |
Request for Oral Argument ~ AA Ronald E. D'Anna 0357405
|
|
Docket Date |
2015-02-20
|
Type |
Record
|
Subtype |
Appendix
|
Description |
Appendix to Brief ~ TO INITIAL BRIEF
|
On Behalf Of |
Boca Bayou Condominium Association, Inc.
|
|
Docket Date |
2015-02-20
|
Type |
Notice
|
Subtype |
Notice of Filing
|
Description |
Notice of Filing ~ INDEX TO APPENDIX TO INITIAL BRIEF
|
On Behalf Of |
Boca Bayou Condominium Association, Inc.
|
|
Docket Date |
2015-02-20
|
Type |
Brief
|
Subtype |
Initial Brief
|
Description |
Initial Brief on Merits
|
On Behalf Of |
Boca Bayou Condominium Association, Inc.
|
|
Docket Date |
2015-02-06
|
Type |
Notice
|
Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
Description |
Notice of Agreed Extension - Initial Brief ~ 14 DAYS TO 02/20/15
|
On Behalf Of |
Boca Bayou Condominium Association, Inc.
|
|
Docket Date |
2015-01-12
|
Type |
Notice
|
Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
Description |
Notice of Agreed Extension - Initial Brief ~ 22 DAYS TO 02/06/15
|
On Behalf Of |
Boca Bayou Condominium Association, Inc.
|
|
Docket Date |
2014-11-26
|
Type |
Notice
|
Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
Description |
Notice of Agreed Extension - Initial Brief ~ 42 DAYS TO 01/15/15
|
On Behalf Of |
Boca Bayou Condominium Association, Inc.
|
|
Docket Date |
2014-11-10
|
Type |
Record
|
Subtype |
Record on Appeal
|
Description |
Received Records ~ (14) vol.
|
|
Docket Date |
2014-09-26
|
Type |
Letter
|
Subtype |
Acknowledgment Letter
|
Description |
Acknowledgment Letter
|
|
Docket Date |
2014-09-26
|
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, 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 the entry of this order. 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. 4DCA 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 |
2014-09-25
|
Type |
Notice
|
Subtype |
Notice of Appeal
|
Description |
Notice of Appeal Filed
|
On Behalf Of |
Boca Bayou Condominium Association, Inc.
|
|
Docket Date |
2014-09-25
|
Type |
Misc. Events
|
Subtype |
Fee Status
|
Description |
A3:Paid In Full - $300
|
|
|