|
FEDERAL INSURANCE COMPANY and WILLIAM DOUBERLEY, Petitioner(s) v. ISAAC ("IKE") PERLMUTTER, et al., Respondent(s).
|
4D2024-1488
|
2024-06-11
|
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
502013CA015257
|
Parties
| Name |
FEDERAL INSURANCE COMPANY
|
| Role |
Petitioner
|
| Status |
Active
|
| Representations |
Brandt Roen, Kenneth Russell Drake
|
|
| Name |
William M Douberley
|
| Role |
Petitioner
|
| Status |
Active
|
| Representations |
Dina Contri, Robert Leon Johnson, Steven Jeffrey Rothman, Travis Foels
|
|
| Name |
Isaac ("Ike") Perlmutter
|
| Role |
Respondent
|
| Status |
Active
|
| Representations |
Roy Black, Jared Michael Lopez, Joshua Evan Dubin, Paul Morris
|
|
| Name |
Laura Perlmutter
|
| Role |
Respondent
|
| Status |
Active
|
| Representations |
Elliot Burt Kula, William Derek Mueller
|
|
| Name |
Harold Peerenboom
|
| Role |
Respondent
|
| Status |
Active
|
| Representations |
Jordan Scott Cohen, Ethan Alexander Arthur, Manuel Kushner
|
|
| Name |
Roy Black
|
| Role |
Respondent
|
| Status |
Active
|
| Representations |
Rodney Joseph Janis
|
|
| Name |
Black, Srebnick, Kornspan & Stumpf, P.A.
|
| Role |
Respondent
|
| Status |
Active
|
| Representations |
David Joseph Majcak
|
|
| Name |
Karen D. Donnelly
|
| Role |
Respondent
|
| Status |
Active
|
| Representations |
David V King
|
|
| Name |
KAY-DEE SPORTSWEAR, INC.
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
SPECKIN FORENSICS LLC
|
| Role |
Respondent
|
| Status |
Active
|
| Representations |
Leonard Scott Feuer
|
|
| Name |
Stephen Raphael
|
| Role |
Respondent
|
| Status |
Active
|
| Representations |
Kyle Berglin
|
|
| Name |
Richard Bornstein
|
| Role |
Respondent
|
| Status |
Active
|
| Representations |
William Thomas Leveille, II
|
|
| Name |
DAVID SMITH LLC
|
| Role |
Respondent
|
| Status |
Active
|
| Representations |
John Butler Rosenquest, IV
|
|
| Name |
Kasowitz Benson & Torres, LLP
|
| Role |
Respondent
|
| Status |
Active
|
| Representations |
Steven Mark Katzman, Helaina Bardunias, Robert S Hackleman, Ronald R. Rossi, Ryan P. Montefusco
|
|
| Name |
Hon. Gerard Joseph Curley Jr.
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Palm Beach Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2024-07-20
|
| Type |
Motions Extensions
|
| Subtype |
Motion Extension of Time To Reply To Response
|
| Description |
Motion Extension of Time To Reply To Response
|
|
| Docket Date |
2024-07-11
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE TO PETITION FOR WRIT OF CERTIORARI
|
|
| Docket Date |
2024-09-20
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
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).
KLINGENSMITH, C.J., WARNER and MAY, JJ., concur.
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| View |
View File
|
|
| Docket Date |
2024-07-29
|
| Type |
Notice
|
| Subtype |
Notice of Supplemental Authority
|
| Description |
Notice of Supplemental Authority
|
|
| Docket Date |
2024-07-25
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Reply to Response
|
| Description |
ORDERED that Petitioner's July 19, 2024 motion for extension of time is granted. Petitioner's reply is was filed July 24, 2024.
|
| View |
View File
|
|
| Docket Date |
2024-07-25
|
| Type |
Response
|
| Subtype |
Reply
|
| Description |
REPLY TO PETITION FOR WRIT OF CERTIORARI
|
|
| Docket Date |
2024-07-25
|
| Type |
Notice
|
| Subtype |
Notice of Joinder in Filing
|
| Description |
NOTICE OF JOINDER WITH FEDERAL INSURANCE COMPANY'S REPLY
|
|
| Docket Date |
2024-06-13
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
|
| Docket Date |
2024-06-12
|
| Type |
Notice
|
| Subtype |
Notice of Joinder in Filing
|
| Description |
PETITIONER WILLIAM MARVIN DOUBERLEY'S NOTICE OF JOINDER WITH FEDERAL INSURANCE COMPANY'S PETITION FOR CERTIORARI
|
|
| Docket Date |
2024-06-11
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
| View |
View File
|
|
| Docket Date |
2024-06-11
|
| Type |
Event
|
| Subtype |
Fee Satisfied
|
| Description |
Fee Satisfied
|
|
| Docket Date |
2024-06-11
|
| Type |
Miscellaneous Document
|
| Subtype |
Pay Case Filing Fee-300
|
| Description |
Pay Case Filing Fee-300
|
| View |
View File
|
|
| Docket Date |
2024-06-11
|
| Type |
Record
|
| Subtype |
Appendix to Petition
|
| Description |
Appendix to Petition
|
|
| Docket Date |
2024-06-11
|
| Type |
Petition
|
| Subtype |
Petition Certiorari
|
| Description |
Petition Certiorari
|
|
| Docket Date |
2024-06-20
|
| Type |
Order
|
| Subtype |
Show Cause re Petition
|
| Description |
Show Cause re Petition
|
| View |
View File
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|
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Isaac "Ike" Perlmutter, et al., Petitioner(s) v. Federal Insurance Company, et al., Respondent(s)
|
SC2024-0058
|
2024-01-11
|
Open
|
|
| Classification |
Discretionary Review - Notice to Invoke - Dual Basis Certified
|
| Court |
Supreme Court of Florida
|
| Originating Court |
4th District Court of Appeal
4D2022-1558; 4D2022-1560; 4D2022-1562;
|
Parties
| Name |
Laura Perlmutter
|
| Role |
Petitioner
|
| Status |
Active
|
|
| Name |
FEDERAL INSURANCE COMPANY
|
| Role |
Respondent
|
| Status |
Active
|
| Representations |
Kenneth Russell Drake, Pedro Luis Demahy, Brandt Roen
|
|
| Name |
Harold Peerenboom
|
| Role |
Respondent
|
| Status |
Active
|
| Representations |
Jordan Scott Cohen, Ethan Alexander Arthur, Manuel Kushner
|
|
| Name |
William Marvin Douberley
|
| Role |
Respondent
|
| Status |
Active
|
| Representations |
Dina Marie Contri, Robert Leon Johnson
|
|
| Name |
Speckin Forensics, LLC d/b/a Speckin Forensic Laboratories
|
| Role |
Respondent
|
| Status |
Active
|
| Representations |
Leonard Scott Feuer
|
|
| Name |
DAVID SMITH LLC
|
| Role |
Respondent
|
| Status |
Active
|
| Representations |
John Butler Rosenquest, IV
|
|
| Name |
Karen Donnelly
|
| Role |
Respondent
|
| Status |
Active
|
| Representations |
David V King
|
|
| Name |
KAY-DEE SPORTSWEAR, INC.
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
Kasowitz Benson & Torres, LLP
|
| Role |
Respondent
|
| Status |
Active
|
| Representations |
Steven Mark Katzman, Helaina Bardunias, Robert S Hackleman, Ronald R. Rossi, Ryan P. Montefusco
|
|
| Name |
Stephen Raphael
|
| Role |
Respondent
|
| Status |
Active
|
| Representations |
Kyle Berglin, William Thomas Leveille, II
|
|
| Name |
Richard Bornstein
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
Roy Black and Black, Srebnick, Kornspan & Stumpf, P.A.
|
| Role |
Respondent
|
| Status |
Active
|
| Representations |
Rodney Joseph Janis, David Joseph Majcak
|
|
| Name |
Hon. Gerard Joseph Curley Jr.
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
4DCA Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
| Name |
Palm Beach Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
| Name |
Isaac Perlmutter
|
| Role |
Petitioner
|
| Status |
Active
|
| Representations |
Roy Black, Jared Michael Lopez, Joshua Evan Dubin, Elliot Burt Kula, William Derek Mueller, Paul Morris
|
|
Docket Entries
| Docket Date |
2024-10-18
|
| Type |
Notice
|
| Subtype |
Supplemental Authority
|
| Description |
McLane Foodservice Inc., et al. v. Wool, 3D2023-984 (Fla. 3d DCA Oct. 16, 2024)
|
| On Behalf Of |
Isaac Perlmutter
|
| View |
View File
|
|
| Docket Date |
2024-06-20
|
| Type |
Notice
|
| Subtype |
Supplemental Authority
|
| Description |
Orlando Health, Inc., v. Mark R. Mohan, et. al., 5D2023-1596, 2024 WL 3033881 (Fla. 5th DCA June 18, 2024).
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| On Behalf Of |
Federal Insurance Company
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| View |
View File
|
|
| Docket Date |
2024-05-30
|
| Type |
Notice
|
| Subtype |
Supplemental Authority
|
| Description |
LoanFlight Lending, LLC v. Wood,
3D23-0559, 2024 WL 1183822 (Fla. 3d DCA Mar. 20, 2024) (the "Opinion").
|
| On Behalf Of |
Isaac Perlmutter
|
| View |
View File
|
|
| Docket Date |
2024-05-29
|
| Type |
Notice
|
| Subtype |
Supplemental Authority
|
| Description |
Stricken on 5/29/24. Does not contain the cited authority.
|
| On Behalf Of |
Federal Insurance Company
|
| View |
View File
|
|
| Docket Date |
2024-05-29
|
| Type |
Order
|
| Subtype |
Supplemental Authority Stricken
|
| Description |
Respondent's Notice of Supplemental Authority does not comply with Florida Rule of Appellate Procedure 9.225 and is hereby stricken as it does not contain a copy of the cited authority.
|
| View |
View File
|
|
| Docket Date |
2024-03-29
|
| Type |
Notice
|
| Subtype |
Supplemental Authority
|
| Description |
Faye Crump, v. Am. Multi-
Cinema, Inc. d/b/a AMC, 5D22-2671, 2024 WL 1313327 (Fla. 5th
DCA Mar. 28, 2024)
|
| On Behalf Of |
Federal Insurance Company
|
| View |
View File
|
|
| Docket Date |
2024-03-22
|
| Type |
Brief
|
| Subtype |
Juris Answer
|
| Description |
Brief on Jurisdiction of Respondent Harold Peerenboom
|
| On Behalf Of |
Harold Peerenboom
|
| View |
View File
|
|
| Docket Date |
2024-02-15
|
| Type |
Order
|
| Subtype |
Extension of Time (Juris Brief)
|
| Description |
Respondents' motions for extension of time are granted and all respondents are allowed to and including March 22, 2024, in which to serve the jurisdictional answer brief. Multiple extensions of time for the same filing are discouraged. Absent extenuating circumstances, subsequent requests may be denied.
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| View |
View File
|
|
| Docket Date |
2024-02-15
|
| Type |
Motion
|
| Subtype |
Ext of Time (Juris Brief-Answer)
|
| Description |
Respondent William Douberley's Joinder in Respondent Federal Insurance Company's Unopposed Motion for Extension of Time
|
| On Behalf Of |
William Marvin Douberley
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| View |
View File
|
|
| Docket Date |
2024-02-15
|
| Type |
Notice
|
| Subtype |
Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
William Marvin Douberley
|
| View |
View File
|
|
| Docket Date |
2024-01-16
|
| Type |
Event
|
| Subtype |
Fee Paid Through Portal
|
| Description |
Fee Paid Through Portal
|
|
| Docket Date |
2024-01-16
|
| Type |
Miscellaneous Document
|
| Subtype |
Pay Case Filing Fee-300
|
| Description |
Pay Case Filing Fee-300
|
| On Behalf Of |
Isaac Perlmutter
|
| View |
View File
|
|
| Docket Date |
2024-01-16
|
| Type |
Notice
|
| Subtype |
Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Isaac Perlmutter
|
| View |
View File
|
|
| Docket Date |
2024-01-11
|
| Type |
Letter-Case
|
| Subtype |
Acknowledgment Letter-New Case-Pay Fee
|
| Description |
Acknowledgment Letter-New Case-Pay Fee
|
| View |
View File
|
|
| Docket Date |
2024-01-11
|
| Type |
Notice
|
| Subtype |
Invoke Discretionary Jurisdiction
|
| Description |
Notice to Invoke Discretionary Jurisdiction
|
| View |
View File
|
|
| Docket Date |
2024-07-01
|
| Type |
Notice
|
| Subtype |
Supplemental Authority
|
| Description |
Cable News Network, Inc. v. Young, 1D2023-2237, 2024 WL 2947726 (Fla. 1st DCA June 12, 2024);
Mercer v. Sandle Creek Transportation, Inc., 6D2023-2681, 2024 WL --- (Fla. 6th DCA June 28, 2024)
|
| On Behalf Of |
Isaac Perlmutter
|
| View |
View File
|
|
| Docket Date |
2024-12-23
|
| Type |
Order
|
| Subtype |
Extension of Time (Merits Brief)
|
| Description |
* Corrected due date from January 6, 2025 to February 6, 2025, on December 23, 2025. * Petitioners' "Agreed Motion for Extension of Time to File Petitioners' Initial Brief" is granted and Petitioners are allowed to and including February 6, 2025, in which to serve the initial brief on the merits. Multiple extensions of time for the same filing are discouraged. Absent extenuating circumstances, subsequent requests may be denied.
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| View |
View File
|
|
| Docket Date |
2024-12-23
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| Type |
Record
|
| Subtype |
Record/Transcript
|
| Description |
Record/Transcript
|
| On Behalf Of |
4DCA Clerk
|
|
| Docket Date |
2024-12-23
|
| Type |
Motion (SC)
|
| Subtype |
Ext of Time (Initial Brief-Merit)
|
| Description |
Agreed Motion for Extension of Time to File Petitioners' Initial Brief
|
| On Behalf Of |
Isaac Perlmutter
|
| View |
View File
|
|
| Docket Date |
2024-12-03
|
| Type |
Order
|
| Subtype |
Juris Accept/Brief Sched (OA Later Date)
|
| Description |
The Court accepts jurisdiction of this case.
Petitioner's initial brief on the merits must be served on or before January 7, 2025; respondent's answer brief on the merits must be served thirty days after service of petitioner's initial brief on the merits; petitioner's reply brief on the merits must be served thirty days after service of respondent's answer brief on the merits; and respondent's cross-reply brief on the merits, if authorized, must be served thirty days after service of petitioner's reply brief on the merits.
The Clerk of the Fourth District Court of Appeal must file the record which must be properly indexed and paginated on or before December 30, 2024. The Clerk may provide the record in the format as currently maintained at the district court, either paper or electronic.
MUÑIZ, C.J., and CANADY, COURIEL, GROSSHANS, and SASSO, JJ., concur.
Oral argument will be set by separate order. Counsel for the parties will be notified of the oral argument date approximately sixty days prior to oral argument.
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| View |
View File
|
|
| Docket Date |
2024-02-13
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| Type |
Order
|
| Subtype |
Extension of Time (Juris Brief)
|
| Description |
Respondent's motion for extension of time is granted and respondent is allowed to and including March 22, 2024, in which to serve the jurisdictional answer brief. Multiple extensions of time for the same filing are discouraged. Absent extenuating circumstances, subsequent requests may be denied.
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| View |
View File
|
|
| Docket Date |
2024-02-12
|
| Type |
Motion
|
| Subtype |
Ext of Time (Juris Brief-Answer)
|
| Description |
Motion for Extension of Time to File Answer Brief on Jurisdiction
|
| On Behalf Of |
Federal Insurance Company
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| View |
View File
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|
| Docket Date |
2024-02-07
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| Type |
Notice
|
| Subtype |
Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Federal Insurance Company
|
| View |
View File
|
|
| Docket Date |
2024-01-22
|
| Type |
Brief
|
| Subtype |
Juris Initial
|
| Description |
Brief on Jurisdiction of Isaac ("Ike") Perlmutter & Laura Perlmutter
|
| On Behalf Of |
Isaac Perlmutter
|
| View |
View File
|
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CLEVELAND CONSTRUCTION, INC. and FEDERAL INSURANCE COMPANY, Appellant(s) v. JAMES A. CUMMINGS, INC., et al., Appellee(s).
|
4D2023-1917
|
2023-08-10
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
CACE16-006245
|
Parties
Docket Entries
| Docket Date |
2024-10-28
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| 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.
|
| View |
View File
|
|
| Docket Date |
2024-10-24
|
| Type |
Motions Other
|
| Subtype |
Motion/Notice Voluntary Dismissal
|
| Description |
Joint Stipulation of Dismissal
|
|
| Docket Date |
2024-10-01
|
| Type |
Order
|
| Subtype |
Amended/Corrected Order
|
| 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.
|
| View |
View File
|
|
| Docket Date |
2024-09-27
|
| Type |
Order
|
| Subtype |
Amended/Additional Filing(s) Needed
|
| 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.
|
| View |
View File
|
|
| Docket Date |
2024-09-24
|
| Type |
Motions Other
|
| Subtype |
Motion To Stay
|
| Description |
JOINT MOTION TO STAY APPEAL PENDING
COMPLETION OF SETTLEMENT
|
| On Behalf Of |
Cleveland Construction, Inc.
|
|
| Docket Date |
2024-09-19
|
| Type |
Order
|
| Subtype |
Order Dispensing with Oral Argument
|
| 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.
|
| View |
View File
|
|
| Docket Date |
2024-07-23
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion/Request for Oral Argument
|
| Description |
Motion/Request for Oral Argument
|
|
| Docket Date |
2024-07-22
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
|
|
| Docket Date |
2024-07-22
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Reply Brief
|
| On Behalf Of |
Cleveland Construction, Inc.
|
| View |
View File
|
|
| Docket Date |
2024-06-11
|
| Type |
Recognizing Agreed Extension
|
| Subtype |
Reply Brief
|
| Description |
15 Days to 07/23/2024
|
|
| Docket Date |
2024-06-11
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Reply Brief
|
| Description |
Notice of Agreed Extension of Time - Reply Brief
|
| On Behalf Of |
Cleveland Construction, Inc.
|
|
| Docket Date |
2024-06-07
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Answer Brief
|
| On Behalf Of |
James A. Cummings, Inc.
|
| View |
View File
|
|
| Docket Date |
2024-05-15
|
| Type |
Order
|
| Subtype |
Order on Motion to Appear Pro Hac Vice
|
| 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.
|
| View |
View File
|
|
| Docket Date |
2024-05-14
|
| Type |
Miscellaneous Document
|
| Subtype |
Pay Pro Hac Vice Fee-100
|
| Description |
Paid Pro Hac Vice Fee-100
|
| On Behalf Of |
James A. Cummings, Inc.
|
| View |
View File
|
|
| Docket Date |
2024-05-14
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| 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.
|
| View |
View File
|
|
| Docket Date |
2024-05-09
|
| Type |
Motions Relating to Parties and Counsel
|
| Subtype |
Motion to Appear Pro Hac Vice
|
| Description |
Motion to Appear Pro Hac Vice
|
|
| Docket Date |
2024-05-07
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Answer Brief
|
| Description |
Agreed Motion for Extension of Time to File Answer/Cross Initial Brief
|
| On Behalf Of |
Cleveland Construction, Inc.
|
|
| Docket Date |
2024-05-06
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
Order Striking Filing
|
| View |
View File
|
|
| Docket Date |
2024-05-02
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Answer Brief
|
| Description |
Motion for Extension of Time to Serve Answer Brief
|
|
| Docket Date |
2024-04-30
|
| Type |
Notice
|
| Subtype |
Notice of Electronic Transmission
|
| Description |
*AMENDED* Notice of Electronic Transmission
|
| On Behalf Of |
Clerk - Broward
|
|
| Docket Date |
2024-04-23
|
| Type |
Record
|
| Subtype |
Exhibits
|
| Description |
See Notice of Electronic Transmission
|
|
| Docket Date |
2024-04-19
|
| Type |
Notice
|
| Subtype |
Notice of Electronic Transmission
|
| Description |
Notice of Electronic Transmission
|
| On Behalf Of |
Clerk - Broward
|
|
| Docket Date |
2024-02-10
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief
|
| On Behalf Of |
Cleveland Construction, Inc.
|
| View |
View File
|
|
| Docket Date |
2024-02-02
|
| Type |
Record
|
| Subtype |
Supplemental Record
|
| Description |
Supplemental Record Vol. I Pages 2595-15,581
|
|
| Docket Date |
2023-10-06
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response to Order to Show Cause
|
| On Behalf Of |
James A. Cummings, Inc.
|
|
| Docket Date |
2023-10-04
|
| Type |
Miscellaneous Document
|
| Subtype |
Pay Notice Joinder Fee-295
|
| Description |
Paid Notice Joinder Fee-295
|
| On Behalf Of |
James A. Cummings, Inc.
|
| View |
View File
|
|
| Docket Date |
2024-01-05
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension for Supplemental ROA
|
| Description |
Agreed Motion for Extension of Time to Supplement the Record and File Briefs
|
|
| Docket Date |
2023-12-04
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| 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.
|
| View |
View File
|
|
| Docket Date |
2023-12-04
|
| Type |
Notice
|
| Subtype |
Unavailability
|
| Description |
Unavailability
|
| On Behalf Of |
Federal Insurance Company
|
| View |
View File
|
|
| Docket Date |
2023-12-01
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time
|
| Description |
Motion for Extension of Time to Prepare the Supplemental Record
|
| On Behalf Of |
Clerk - Broward
|
|
| Docket Date |
2023-11-21
|
| Type |
Order
|
| Subtype |
Order on Motion to Supplement Record
|
| 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.
|
| View |
View File
|
|
| Docket Date |
2023-11-17
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion to Supplement Record
|
| Description |
Motion to Supplement Record
|
|
| Docket Date |
2023-11-14
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| 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.
|
| View |
View File
|
|
| Docket Date |
2023-11-13
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion to Supplement Record
|
| Description |
Motion to Supplement Record
|
|
| Docket Date |
2023-11-07
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Cleveland Construction, Inc.
|
|
| Docket Date |
2023-10-11
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
90 Days to 01/16/2024
|
|
| Docket Date |
2023-10-11
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
| Description |
Notice of Agreed Extension of Time - Initial Brief
|
| On Behalf Of |
Cleveland Construction, Inc.
|
|
| Docket Date |
2023-10-10
|
| Type |
Order
|
| Subtype |
Order Discharging Show Cause Order
|
| 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.
|
| View |
View File
|
|
| Docket Date |
2023-10-04
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| 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.
|
| View |
View File
|
|
| Docket Date |
2023-10-03
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Record on Appeal; 2,596 Pages
|
| On Behalf Of |
Clerk - Broward
|
|
| Docket Date |
2023-09-22
|
| Type |
Order
|
| Subtype |
Order to Show Cause
|
| 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.
|
| View |
View File
|
|
| Docket Date |
2023-08-30
|
| Type |
Notice
|
| Subtype |
Notice of Joinder for Realignment
|
| Description |
Notice of Joinder in Appeal (filing fee required)
|
| On Behalf Of |
James A. Cummings, Inc.
|
|
| Docket Date |
2023-08-28
|
| Type |
Notice
|
| Subtype |
Amended Notice of Appeal
|
| Description |
Amended Notice of Appeal
|
| On Behalf Of |
Clerk - Broward
|
|
| Docket Date |
2023-08-25
|
| Type |
Misc. Events
|
| Subtype |
Cross-Notice Filing Fee Paid through Portal
|
| Description |
CROSS NOTICE FILING FEE PAID THROUGH PORTAL
|
| On Behalf Of |
James A. Cummings, Inc.
|
|
| Docket Date |
2023-08-24
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| 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.
|
|
| Docket Date |
2023-08-23
|
| Type |
Notice
|
| Subtype |
Notice of Cross Appeal
|
| Description |
Notice of Cross Appeal
|
| On Behalf Of |
Clerk - Broward
|
|
| Docket Date |
2023-08-21
|
| Type |
Notice
|
| Subtype |
Notice of Designation of E-mail Address
|
| Description |
Notice of Primary E-Mail Address
|
| On Behalf Of |
Cleveland Construction, Inc.
|
|
| Docket Date |
2023-08-16
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Cleveland Construction, Inc.
|
|
| Docket Date |
2023-08-16
|
| Type |
Misc. Events
|
| Subtype |
Order Appealed
|
| Description |
Order Appealed
|
| On Behalf Of |
Cleveland Construction, Inc.
|
|
| Docket Date |
2023-08-14
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid Through Portal
|
| On Behalf Of |
Cleveland Construction, Inc.
|
|
| Docket Date |
2023-08-10
|
| 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 |
2023-08-10
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
Cleveland Construction, Inc.
|
|
| Docket Date |
2023-08-10
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2023-08-10
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2024-12-18
|
| Type |
Record
|
| Subtype |
Returned Exhibits
|
| Description |
Returned Exhibits
|
|
| Docket Date |
2024-05-09
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
| 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.
|
| View |
View File
|
|
| Docket Date |
2024-01-16
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| 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.
|
| View |
View File
|
|
| Docket Date |
2023-09-01
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| 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.
|
|
|
|
CLEVELAND CONSTRUCTION, INC. and FEDERAL INSURANCE COMPANY, Appellant(s) v. JAMES A. CUMMINGS, INC., et al., Appellee(s).
|
4D2023-1917
|
2023-08-10
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
CACE16-006245
|
Parties
Docket Entries
| Docket Date |
2024-10-28
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| 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.
|
| View |
View File
|
|
| Docket Date |
2024-10-24
|
| Type |
Motions Other
|
| Subtype |
Motion/Notice Voluntary Dismissal
|
| Description |
Joint Stipulation of Dismissal
|
|
| Docket Date |
2024-10-01
|
| Type |
Order
|
| Subtype |
Amended/Corrected Order
|
| 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.
|
| View |
View File
|
|
| Docket Date |
2024-09-27
|
| Type |
Order
|
| Subtype |
Amended/Additional Filing(s) Needed
|
| 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.
|
| View |
View File
|
|
| Docket Date |
2024-09-24
|
| Type |
Motions Other
|
| Subtype |
Motion To Stay
|
| Description |
JOINT MOTION TO STAY APPEAL PENDING
COMPLETION OF SETTLEMENT
|
| On Behalf Of |
Cleveland Construction, Inc.
|
|
| Docket Date |
2024-09-19
|
| Type |
Order
|
| Subtype |
Order Dispensing with Oral Argument
|
| 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.
|
| View |
View File
|
|
| Docket Date |
2024-07-23
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion/Request for Oral Argument
|
| Description |
Motion/Request for Oral Argument
|
|
| Docket Date |
2024-07-22
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
|
|
| Docket Date |
2024-07-22
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Reply Brief
|
| On Behalf Of |
Cleveland Construction, Inc.
|
| View |
View File
|
|
| Docket Date |
2024-06-11
|
| Type |
Recognizing Agreed Extension
|
| Subtype |
Reply Brief
|
| Description |
15 Days to 07/23/2024
|
|
| Docket Date |
2024-06-11
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Reply Brief
|
| Description |
Notice of Agreed Extension of Time - Reply Brief
|
| On Behalf Of |
Cleveland Construction, Inc.
|
|
| Docket Date |
2024-06-07
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Answer Brief
|
| On Behalf Of |
James A. Cummings, Inc.
|
| View |
View File
|
|
| Docket Date |
2024-05-15
|
| Type |
Order
|
| Subtype |
Order on Motion to Appear Pro Hac Vice
|
| 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.
|
| View |
View File
|
|
| Docket Date |
2024-05-14
|
| Type |
Miscellaneous Document
|
| Subtype |
Pay Pro Hac Vice Fee-100
|
| Description |
Paid Pro Hac Vice Fee-100
|
| On Behalf Of |
James A. Cummings, Inc.
|
| View |
View File
|
|
| Docket Date |
2024-05-14
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| 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.
|
| View |
View File
|
|
| Docket Date |
2024-05-09
|
| Type |
Motions Relating to Parties and Counsel
|
| Subtype |
Motion to Appear Pro Hac Vice
|
| Description |
Motion to Appear Pro Hac Vice
|
|
| Docket Date |
2024-05-07
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Answer Brief
|
| Description |
Agreed Motion for Extension of Time to File Answer/Cross Initial Brief
|
| On Behalf Of |
Cleveland Construction, Inc.
|
|
| Docket Date |
2024-05-06
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
Order Striking Filing
|
| View |
View File
|
|
| Docket Date |
2024-05-02
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Answer Brief
|
| Description |
Motion for Extension of Time to Serve Answer Brief
|
|
| Docket Date |
2024-04-30
|
| Type |
Notice
|
| Subtype |
Notice of Electronic Transmission
|
| Description |
*AMENDED* Notice of Electronic Transmission
|
| On Behalf Of |
Clerk - Broward
|
|
| Docket Date |
2024-04-23
|
| Type |
Record
|
| Subtype |
Exhibits
|
| Description |
See Notice of Electronic Transmission
|
|
| Docket Date |
2024-04-19
|
| Type |
Notice
|
| Subtype |
Notice of Electronic Transmission
|
| Description |
Notice of Electronic Transmission
|
| On Behalf Of |
Clerk - Broward
|
|
| Docket Date |
2024-02-10
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief
|
| On Behalf Of |
Cleveland Construction, Inc.
|
| View |
View File
|
|
| Docket Date |
2024-02-02
|
| Type |
Record
|
| Subtype |
Supplemental Record
|
| Description |
Supplemental Record Vol. I Pages 2595-15,581
|
|
| Docket Date |
2023-10-06
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response to Order to Show Cause
|
| On Behalf Of |
James A. Cummings, Inc.
|
|
| Docket Date |
2023-10-04
|
| Type |
Miscellaneous Document
|
| Subtype |
Pay Notice Joinder Fee-295
|
| Description |
Paid Notice Joinder Fee-295
|
| On Behalf Of |
James A. Cummings, Inc.
|
| View |
View File
|
|
| Docket Date |
2024-01-05
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension for Supplemental ROA
|
| Description |
Agreed Motion for Extension of Time to Supplement the Record and File Briefs
|
|
| Docket Date |
2023-12-04
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| 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.
|
| View |
View File
|
|
| Docket Date |
2023-12-04
|
| Type |
Notice
|
| Subtype |
Unavailability
|
| Description |
Unavailability
|
| On Behalf Of |
Federal Insurance Company
|
| View |
View File
|
|
| Docket Date |
2023-12-01
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time
|
| Description |
Motion for Extension of Time to Prepare the Supplemental Record
|
| On Behalf Of |
Clerk - Broward
|
|
| Docket Date |
2023-11-21
|
| Type |
Order
|
| Subtype |
Order on Motion to Supplement Record
|
| 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.
|
| View |
View File
|
|
| Docket Date |
2023-11-17
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion to Supplement Record
|
| Description |
Motion to Supplement Record
|
|
| Docket Date |
2023-11-14
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| 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.
|
| View |
View File
|
|
| Docket Date |
2023-11-13
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion to Supplement Record
|
| Description |
Motion to Supplement Record
|
|
| Docket Date |
2023-11-07
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Cleveland Construction, Inc.
|
|
| Docket Date |
2023-10-11
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
90 Days to 01/16/2024
|
|
| Docket Date |
2023-10-11
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
| Description |
Notice of Agreed Extension of Time - Initial Brief
|
| On Behalf Of |
Cleveland Construction, Inc.
|
|
| Docket Date |
2023-10-10
|
| Type |
Order
|
| Subtype |
Order Discharging Show Cause Order
|
| 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
|
|
| Docket Date |
2023-10-04
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| 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.
|
| View |
View File
|
|
| Docket Date |
2023-10-03
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Record on Appeal; 2,596 Pages
|
| On Behalf Of |
Clerk - Broward
|
|
| Docket Date |
2023-09-22
|
| Type |
Order
|
| Subtype |
Order to Show Cause
|
| 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
|
|
| Docket Date |
2023-08-30
|
| Type |
Notice
|
| Subtype |
Notice of Joinder for Realignment
|
| Description |
Notice of Joinder in Appeal (filing fee required)
|
| On Behalf Of |
James A. Cummings, Inc.
|
|
| Docket Date |
2023-08-28
|
| Type |
Notice
|
| Subtype |
Amended Notice of Appeal
|
| Description |
Amended Notice of Appeal
|
| On Behalf Of |
Clerk - Broward
|
|
| Docket Date |
2023-08-25
|
| Type |
Misc. Events
|
| Subtype |
Cross-Notice Filing Fee Paid through Portal
|
| Description |
CROSS NOTICE FILING FEE PAID THROUGH PORTAL
|
| On Behalf Of |
James A. Cummings, Inc.
|
|
| Docket Date |
2023-08-24
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| 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
|
| Type |
Notice
|
| Subtype |
Notice of Cross Appeal
|
| Description |
Notice of Cross Appeal
|
| On Behalf Of |
Clerk - Broward
|
|
| Docket Date |
2023-08-21
|
| Type |
Notice
|
| Subtype |
Notice of Designation of E-mail Address
|
| Description |
Notice of Primary E-Mail Address
|
| On Behalf Of |
Cleveland Construction, Inc.
|
|
| Docket Date |
2023-08-16
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Cleveland Construction, Inc.
|
|
| Docket Date |
2023-08-16
|
| Type |
Misc. Events
|
| Subtype |
Order Appealed
|
| Description |
Order Appealed
|
| On Behalf Of |
Cleveland Construction, Inc.
|
|
| Docket Date |
2023-08-14
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid Through Portal
|
| On Behalf Of |
Cleveland Construction, Inc.
|
|
| Docket Date |
2023-08-10
|
| 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 |
2023-08-10
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
Cleveland Construction, Inc.
|
|
| Docket Date |
2023-08-10
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2023-08-10
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2024-12-18
|
| Type |
Record
|
| Subtype |
Returned Exhibits
|
| Description |
Returned Exhibits
|
|
| Docket Date |
2024-05-09
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
| 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.
|
| View |
View File
|
|
| Docket Date |
2024-01-16
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| 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.
|
| View |
View File
|
|
| Docket Date |
2023-09-01
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| 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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|
|
|
GYPSUM EXPRESS SERVICES CONSTRUCTION, INC. VS FEDERAL INSURANCE COMPANY
|
2D2023-1486
|
2023-07-13
|
Closed
|
|
| Classification |
NOA Non Final - Circuit Civil - Other
|
| Court |
2nd District Court of Appeal
|
| Originating Court |
Circuit Court for the Thirteenth Judicial Circuit, Hillsborough County
22-CA-010362
|
Parties
| Name |
GYPSUM EXPRESS SERVICES CONSTRUCTION INC.
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
BARRY KALMANSON, ESQ.
|
|
| Name |
FEDERAL INSURANCE COMPANY
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
NICHOLAS ELDER, ESQ., CHRISTOPHER M. COBB, ESQ.
|
|
| Name |
HON. ROBERT A. BAUMAN
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
HILLSBOROUGH CLERK
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2023-09-08
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
ORDER GRANTING VOLUNTARY DISMISSAL ~ Pursuant to the notice of voluntary dismissal filed herein, this appeal isdismissed.
|
|
| Docket Date |
2023-09-08
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Clerk
|
|
| Docket Date |
2023-09-08
|
| Type |
Misc. Events
|
| Subtype |
Case Closed
|
| Description |
Case Closed
|
|
| Docket Date |
2023-09-07
|
| Type |
Motions Other
|
| Subtype |
Motion/Notice Voluntary Dismissal
|
| Description |
Notice of Voluntary Dismissal
|
| On Behalf Of |
GYPSUM EXPRESS SERVICES CONSTRUCTION, INC.
|
|
| Docket Date |
2023-09-06
|
| Type |
Order
|
| Subtype |
Order on Motion To Strike
|
| Description |
Deny Motion to Strike-13a ~ Appellant's motion to strike is denied without prejudice to raising the argumentsfrom the motion in the reply brief.
|
|
| Docket Date |
2023-08-17
|
| Type |
Motions Other
|
| Subtype |
Motion To Strike
|
| Description |
Motion To Strike ~ APPELLANT'S MOTION TO STRIKE REFERENCES TO PER CURIAM AFFIRMED RULING SET FORTH IN APPELLEE'S ANSWER BRIEF
|
| On Behalf Of |
GYPSUM EXPRESS SERVICES CONSTRUCTION, INC.
|
|
| Docket Date |
2023-08-16
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee Answer Brief
|
| On Behalf Of |
Federal Insurance Company
|
|
| Docket Date |
2023-07-24
|
| Type |
Record
|
| Subtype |
Appendix to Initial Brief
|
| Description |
Appendix for Initial Brief
|
| On Behalf Of |
GYPSUM EXPRESS SERVICES CONSTRUCTION, INC.
|
|
| Docket Date |
2023-07-19
|
| Type |
Order
|
| Subtype |
Amended/Additional Filing(s) Needed
|
| Description |
Corrected Appendix Required ~ The appendix to the initial brief does not comply with Florida Rule of AppellateProcedure 9.220(c).• Appendix is not text searchable.Appellant shall file a corrected appendix within ten days from the date of thisorder.
|
|
| Docket Date |
2023-07-17
|
| Type |
Record
|
| Subtype |
Appendix to Initial Brief
|
| Description |
Appendix for Initial Brief ~ NOT TEXT SEARCHABLE
|
| On Behalf Of |
GYPSUM EXPRESS SERVICES CONSTRUCTION, INC.
|
|
| Docket Date |
2023-07-17
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Appellant Brief on Merits
|
| On Behalf Of |
GYPSUM EXPRESS SERVICES CONSTRUCTION, INC.
|
|
| Docket Date |
2023-07-14
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter 1
|
|
| Docket Date |
2023-07-14
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
fee - civil; atty ~ This appeal has been filed without a filing fee required by section 35.22(2)(a), Florida Statutes, Florida Statutes.If the attorney for appellant has not already done so, they shall forward the required $300.00 filing fee or, if applicable, a certificate or order of the lower tribunal finding appellant insolvent pursuant to section 57.081, Florida Statutes, within twenty days from the date of this order.If this court does not receive either of the above within the prescribed time, this appeal may be subject to dismissal without further notice.
|
|
| Docket Date |
2023-07-13
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed ~ W/ORDER
|
| On Behalf Of |
GYPSUM EXPRESS SERVICES CONSTRUCTION, INC.
|
|
| Docket Date |
2023-07-13
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
|
