| Docket Date |
2022-10-17
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
| Description |
Notice of Agreed Extension - Answer Brief
|
| On Behalf Of |
Deer Creek Condominium Country Club Estates I Association, Inc.
|
|
| Docket Date |
2022-10-17
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 14 DAYS TO 10/31/2022
|
|
| Docket Date |
2022-09-13
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 30 DAYS TO 10/17/2022
|
|
| Docket Date |
2023-04-28
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2023-04-28
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2023-04-06
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed - Per Curiam Affirmed
|
|
| Docket Date |
2023-04-06
|
| Type |
Order
|
| Subtype |
Order on Motion For Attorney's Fees
|
| Description |
Deny Attorney's Fees ~ ORDERED that appellees Deer Creek Condominium, Country Club Estates I, Association, Inc. and John Sutherland’s December 13, 2022 motion for appellate attorney's fees and costs incurred in defending on appeal is denied. Further,ORDERED that appellant Jon Sabaroff’s December 23, 2022 motion for appellate attorney's fees is denied.
|
|
| Docket Date |
2022-12-23
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
|
| On Behalf Of |
Butler Plumbing, Inc.
|
|
| Docket Date |
2022-12-23
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant's Reply Brief
|
| On Behalf Of |
Butler Plumbing, Inc.
|
|
| Docket Date |
2022-12-15
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Reply Brief
|
| Description |
ORD-Reply Brief to be Served ~ ORDERED that appellants’ December 14, 2022 motion for extension of time is granted, and appellant shall serve the reply brief on or before December 22, 2022. In addition, if the reply brief is served after the time provided for in this order, it will be subject to being stricken, or the court in its discretion may impose other sanctions. Appellants are advised that no further extensions will be granted absent a detailed explanation for why the reply brief has not yet been filed and a showing of extraordinary circumstances where, if a further extension is not granted, irreparable and material harm will result to the litigant. Attorney workload does not constitute extraordinary circumstances which justifies a further extension of time.
|
|
| Docket Date |
2022-12-14
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Reply Brief
|
| Description |
Mot. for Extension of Time to File Reply Brief
|
| On Behalf Of |
Butler Plumbing, Inc.
|
|
| Docket Date |
2022-12-13
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
|
| On Behalf Of |
Deer Creek Condominium Country Club Estates I Association, Inc.
|
|
| Docket Date |
2022-12-01
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Reply Brief
|
| Description |
Order Granting EOT for Appellant's Reply Brief ~ ORDERED that appellants’ November 30, 2022 motion for extension of time is granted, and appellants shall serve the reply brief on or before December 15, 2022. In addition, if the reply brief is served after the time provided for in this order, it may be stricken.
|
|
| Docket Date |
2022-11-30
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Reply Brief
|
| Description |
Mot. for Extension of Time to File Reply Brief
|
| On Behalf Of |
Butler Plumbing, Inc.
|
|
| Docket Date |
2022-10-31
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief
|
| On Behalf Of |
Deer Creek Condominium Country Club Estates I Association, Inc.
|
|
| Docket Date |
2022-09-13
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
| Description |
Notice of Agreed Extension - Answer Brief
|
| On Behalf Of |
Deer Creek Condominium Country Club Estates I Association, Inc.
|
|
| Docket Date |
2022-08-15
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
| Description |
Notice of Agreed Extension - Answer Brief
|
| On Behalf Of |
Deer Creek Condominium Country Club Estates I Association, Inc.
|
|
| Docket Date |
2022-08-15
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 30 DAYS TO 09/16/2022
|
|
| Docket Date |
2022-07-18
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
Butler Plumbing, Inc.
|
|
| Docket Date |
2022-07-12
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
Order Granting EOT for Initial Brief ~ ORDERED that appellants’ July 11, 2022 motion for extension of time is granted, and appellants shall serve the initial brief on or before July 18, 2022. 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.
|
|
| Docket Date |
2022-07-11
|
| 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 |
Butler Plumbing, Inc.
|
|
| Docket Date |
2022-06-27
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
Order Granting EOT for Initial Brief ~ ORDERED that appellants’ June 27, 2022 motion for extension of time is granted, and appellants shall serve the initial brief on or before July 12, 2022. 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.
|
|
| Docket Date |
2022-06-27
|
| 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 |
Butler Plumbing, Inc.
|
|
| Docket Date |
2022-05-12
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
Order Granting EOT for Initial Brief ~ ORDERED that appellants’ May 11, 2022 motion for extension of time is granted, and appellants shall serve the initial brief on or before June 27, 2022. 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.
|
|
| Docket Date |
2022-05-11
|
| 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 |
Butler Plumbing, Inc.
|
|
| Docket Date |
2022-05-03
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ 1,206 PAGES
|
| On Behalf Of |
Clerk - Broward
|
|
| Docket Date |
2022-04-25
|
| Type |
Notice
|
| Subtype |
Amended Notice of Appeal
|
| Description |
Amended Notice of Appeal
|
| On Behalf Of |
Butler Plumbing, Inc.
|
|
| Docket Date |
2022-04-11
|
| Type |
Order
|
| Subtype |
Order Relinquishing Jurisdiction
|
| Description |
Jurisdiction Relinquished ~ ORDERED that, upon consideration of appellants’ March 14, 2022 jurisdictional brief and appellees’ March 31, 2022 response, this court finds Counts IV and V of the first amended complaint are separate and distinct from the remaining counts. See Jimenez v. Cmty. Asphalt Corp., 947 So. 2d 532 (Fla. 4th DCA 2006). However, it appears the February 3, 2022 order is a nonfinal, nonappealable order because it merely grants a motion to dismiss. See Paulino v. BJ’s Wholesale Club, Inc., 106 So. 3d 985, 987 (Fla. 4th DCA 2013). It is further,ORDERED that appellants’ motion to relinquish jurisdiction contained within the jurisdictional brief is granted. Jurisdiction is relinquished to the trial court for thirty (30) days for the limited purpose of entering an order dismissing Counts IV and V with prejudice. Appellants shall forward to this court a copy of any order issued during relinquishment. It is further ordered that appellants shall monitor this proceeding in the trial court. If further time is needed beyond this relinquishment period, it shall be the duty of appellants to request an extension of time by proper motion to this court. This case shall proceed in this court upon expiration of relinquishment unless otherwise notified in writing by the parties.
|
|
| Docket Date |
2022-03-31
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ TO APPELLANTS' STATEMENT ON SUBJECT MATTER JURISDICTION
|
| On Behalf Of |
Deer Creek Condominium Country Club Estates I Association, Inc.
|
|
| Docket Date |
2022-03-24
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to File Response
|
| Description |
Grant EOT to file Response ~ ORDERED that appellees’ March 23, 2022 motion for extension of time is granted, and the time for filing a response to appellants’ jurisdictional brief is extended to March 31, 2022.
|
|
| Docket Date |
2022-03-23
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to File Response
|
| Description |
Motion for Extension of Time to File Response ~ TO APPELLANTS' STATEMENT ON SUBJECT MATTER JURISDICTION
|
| On Behalf Of |
Deer Creek Condominium Country Club Estates I Association, Inc.
|
|
| Docket Date |
2022-03-14
|
| Type |
Brief
|
| Subtype |
Jurisdictional Brief
|
| Description |
Jurisdictional Brief ~ AND MOTION TO RELINQUISH JURISDICTION TO OBTAIN APPEALABLE FINAL ORDER
|
| On Behalf Of |
Butler Plumbing, Inc.
|
|
| Docket Date |
2022-03-14
|
| Type |
Notice
|
| Subtype |
Notice of Change of Address
|
| Description |
Notice of Change of Address
|
| On Behalf Of |
Butler Plumbing, Inc.
|
|
| Docket Date |
2022-03-08
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Grant Extension of Time ~ ORDERED that appellants’ March 7, 2022 motion for extension of time is granted, and appellants shall file the jurisdictional brief on or before March 14, 2022.
|
|
| Docket Date |
2022-03-07
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time
|
| Description |
Motion for Extension of Time
|
| On Behalf Of |
Butler Plumbing, Inc.
|
|
| Docket Date |
2022-02-25
|
| 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. Appellants shall specifically address how Counts IV and V of the first amended complaint are not interrelated with the remaining Counts of the complaint and how the February 3, 2022 order is an appealable final order, as it appears the order merely grants a motion to dismiss. See Flinn v. Flinn, 68 So. 3d 424, 425 (Fla. 4th DCA 2011) (“The test to determine whether counts of a multi-count complaint are interrelated as to preclude a piecemeal appeal is whether the counts arise from a set of common facts or a single transaction, not whether different legal theories or additional facts are involved in separate counts.”); Paulino v. BJ’s Wholesale Club, Inc., 106 So. 3d 985, 987 (Fla. 4th DCA 2013) (“On the other hand, it is well-established that an order which merely grants a motion to dismiss, as contrasted with an order dismissing a complaint or an action, is not a final order.”). Further, Appellees may file a response within ten (10) days of service of that statement.
|
|
| Docket Date |
2022-02-25
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid Through Portal
|
| On Behalf Of |
Butler Plumbing, Inc.
|
|
| Docket Date |
2022-02-24
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Deer Creek Condominium Country Club Estates I Association, Inc.
|
|
| Docket Date |
2022-02-24
|
| 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 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.
|
|
| Docket Date |
2022-02-24
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2022-02-23
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
Butler Plumbing, Inc.
|
|
| Docket Date |
2022-02-23
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
