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CLEVELAND CONSTRUCTION, INC. and FEDERAL INSURANCE COMPANY, Appellant(s) v. JAMES A. CUMMINGS, INC., et al., Appellee(s).
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4D2023-1917
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2023-08-10
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Closed
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| Classification |
NOA Final - Circuit Civil - Other
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| Court |
4th District Court of Appeal
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| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
CACE16-006245
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Parties
Docket Entries
| Docket Date |
2024-10-28
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| Type |
Disposition by Order
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| Subtype |
Dismissed
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| Description |
ORDERED that Appellant's July 22, 2024 and Appellee's July 22, 2024 motions for attorney's fees are denied as moot. Further, At the request of the parties, this case is dismissed.
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| View |
View File
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| Docket Date |
2024-10-24
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| Type |
Motions Other
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| Subtype |
Motion/Notice Voluntary Dismissal
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| Description |
Joint Stipulation of Dismissal
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| Docket Date |
2024-10-01
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| Type |
Order
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| Subtype |
Amended/Corrected Order
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| Description |
ORDERED that this court's September 27, 2024 order is amended as follows: ORDERED that the September 24, 2024 joint motion to stay appeal pending completion of settlement is granted. All parties hereto shall be required to file a pleading on or before December 15, 2024, that advises this court as to the completion of all settlement negotiations thereby warranting the dismissal of this pending appeal.
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| View |
View File
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| Docket Date |
2024-09-27
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| Type |
Order
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| Subtype |
Amended/Additional Filing(s) Needed
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| Description |
ORDERED that all parties hereto shall be required to file a pleading on or before December 15, 2024, that advises this court as to the completion of all settlement negotiations thereby warranting the dismissal of this pending appeal.
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| View |
View File
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| Docket Date |
2024-09-24
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| Type |
Motions Other
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| Subtype |
Motion To Stay
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| Description |
JOINT MOTION TO STAY APPEAL PENDING
COMPLETION OF SETTLEMENT
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| On Behalf Of |
Cleveland Construction, Inc.
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| Docket Date |
2024-09-19
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| Type |
Order
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| Subtype |
Order Dispensing with Oral Argument
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| Description |
After reviewing the briefs, the court, pursuant to Florida Rule of Appellate Procedure 9.320, has dispensed with oral argument. The case will be submitted to a conference by a panel of the court.
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| View |
View File
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| Docket Date |
2024-07-23
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| Type |
Motions Relating to Oral Argument
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| Subtype |
Motion/Request for Oral Argument
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| Description |
Motion/Request for Oral Argument
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| Docket Date |
2024-07-22
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| Type |
Motions Relating to Attorney Fees/Costs
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| Subtype |
Motion For Attorney's Fees
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| Description |
Motion For Attorney's Fees
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| Docket Date |
2024-07-22
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| Type |
Brief
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| Subtype |
Reply Brief
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| Description |
Reply Brief
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| On Behalf Of |
Cleveland Construction, Inc.
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| View |
View File
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| Docket Date |
2024-06-11
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| Type |
Recognizing Agreed Extension
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| Subtype |
Reply Brief
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| Description |
15 Days to 07/23/2024
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| Docket Date |
2024-06-11
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| Type |
Notice
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| Subtype |
Notice of Agreed Extension of Time - Reply Brief
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| Description |
Notice of Agreed Extension of Time - Reply Brief
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| On Behalf Of |
Cleveland Construction, Inc.
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| Docket Date |
2024-06-07
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| Type |
Brief
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| Subtype |
Answer Brief
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| Description |
Answer Brief
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| On Behalf Of |
James A. Cummings, Inc.
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| View |
View File
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| Docket Date |
2024-05-15
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| Type |
Order
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| Subtype |
Order on Motion to Appear Pro Hac Vice
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| Description |
ORDERED that David C. Romyn's May 9, 2024 verified motion for permission to appear pro hac vice is granted, and David C. Romyn, Esquire is permitted to appear in this appeal as counsel for James Cummings, Inc. David C. Romyn, Esquire is advised that this court does not send paper documents to attorneys and he shall register for the Appellate Case Information System ("ACIS") and the Florida Courts E-Filing Portal within five (5) days from the date of this order.
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| View |
View File
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| Docket Date |
2024-05-14
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| Type |
Miscellaneous Document
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| Subtype |
Pay Pro Hac Vice Fee-100
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| Description |
Paid Pro Hac Vice Fee-100
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| On Behalf Of |
James A. Cummings, Inc.
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| View |
View File
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| Docket Date |
2024-05-14
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| Type |
Order
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| Subtype |
Order on Filing Fee
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| Description |
This court is in receipt of the verified motion for admission to appear pro hac vice filed May 9, 2024. Further, ORDERED that David C. Romyn, Esq. shall tender the $100 appearance fee required by section 35.22(2)(a), Florida Statutes (2021), within ten (10) days from the date of the entry of this order. Upon so tendering the motion will be granted. The fee may be paid electronically through the Florida Courts E-Filing Portal - see the court's website for details.
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| View |
View File
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| Docket Date |
2024-05-09
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| Type |
Motions Relating to Parties and Counsel
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| Subtype |
Motion to Appear Pro Hac Vice
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| Description |
Motion to Appear Pro Hac Vice
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| Docket Date |
2024-05-07
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| Type |
Motions Extensions
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| Subtype |
Motion for Extension of Time to Serve Answer Brief
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| Description |
Agreed Motion for Extension of Time to File Answer/Cross Initial Brief
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| On Behalf Of |
Cleveland Construction, Inc.
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| Docket Date |
2024-05-06
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| Type |
Order
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| Subtype |
Order Striking Filing
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| Description |
Order Striking Filing
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| View |
View File
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| Docket Date |
2024-05-02
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| Type |
Motions Extensions
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| Subtype |
Motion for Extension of Time to Serve Answer Brief
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| Description |
Motion for Extension of Time to Serve Answer Brief
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| Docket Date |
2024-04-30
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| Type |
Notice
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| Subtype |
Notice of Electronic Transmission
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| Description |
*AMENDED* Notice of Electronic Transmission
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| On Behalf Of |
Clerk - Broward
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| Docket Date |
2024-04-23
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| Type |
Record
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| Subtype |
Exhibits
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| Description |
See Notice of Electronic Transmission
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| Docket Date |
2024-04-19
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| Type |
Notice
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| Subtype |
Notice of Electronic Transmission
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| Description |
Notice of Electronic Transmission
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| On Behalf Of |
Clerk - Broward
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| Docket Date |
2024-02-10
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| Type |
Brief
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| Subtype |
Initial Brief
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| Description |
Initial Brief
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| On Behalf Of |
Cleveland Construction, Inc.
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| View |
View File
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| Docket Date |
2024-02-02
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| Type |
Record
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| Subtype |
Supplemental Record
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| Description |
Supplemental Record Vol. I Pages 2595-15,581
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| Docket Date |
2023-10-06
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| Type |
Response
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| Subtype |
Response
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| Description |
Response to Order to Show Cause
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| On Behalf Of |
James A. Cummings, Inc.
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| Docket Date |
2023-10-04
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| Type |
Miscellaneous Document
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| Subtype |
Pay Notice Joinder Fee-295
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| Description |
Paid Notice Joinder Fee-295
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| On Behalf Of |
James A. Cummings, Inc.
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| View |
View File
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| Docket Date |
2024-01-05
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| Type |
Motions Extensions
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| Subtype |
Motion for Extension for Supplemental ROA
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| Description |
Agreed Motion for Extension of Time to Supplement the Record and File Briefs
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| Docket Date |
2023-12-04
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| Type |
Order
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| Subtype |
Order on Motion for Extension of Time
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| Description |
ORDERED that the clerk of the lower tribunal's December 1, 2023 motion for extension of time is granted in part, and the time for the clerk of the lower tribunal to file the supplemental record on appeal is extended twenty (20) days from the date of this order. Further, ORDERED that Daniel Vega's December 4, 2023 notice of unavailability is stricken as unauthorized.
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| View |
View File
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| Docket Date |
2023-12-04
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| Type |
Notice
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| Subtype |
Unavailability
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| Description |
Unavailability
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| On Behalf Of |
Federal Insurance Company
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| View |
View File
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| Docket Date |
2023-12-01
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| Type |
Motions Extensions
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| Subtype |
Motion for Extension of Time
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| Description |
Motion for Extension of Time to Prepare the Supplemental Record
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| On Behalf Of |
Clerk - Broward
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| Docket Date |
2023-11-21
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| Type |
Order
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| Subtype |
Order on Motion to Supplement Record
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| Description |
ORDERED that Appellant Cleveland Construction, Inc.'s November 17, 2023 motion to supplement the record is granted. The material requested in the motion shall be included in the record on appeal. The clerk of the lower tribunal shall prepare and file the supplemental material in this court within ten (10) days from the date of this order. Appellant shall monitor the supplementation process.
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| View |
View File
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| Docket Date |
2023-11-17
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| Type |
Motions Relating to Records
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| Subtype |
Motion to Supplement Record
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| Description |
Motion to Supplement Record
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| Docket Date |
2023-11-14
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| Type |
Order
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| Subtype |
Order Striking Filing
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| Description |
ORDERED that Appellant Cleveland Construction, Inc.'s November 13, 2023 motion to supplement the record on appeal is stricken without prejudice to refiling a motion which identifies the exhibits.
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| View |
View File
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| Docket Date |
2023-11-13
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| Type |
Motions Relating to Records
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| Subtype |
Motion to Supplement Record
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| Description |
Motion to Supplement Record
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| Docket Date |
2023-11-07
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| Type |
Notice
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| Subtype |
Notice of Appearance
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| Description |
Notice of Appearance
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| On Behalf Of |
Cleveland Construction, Inc.
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| Docket Date |
2023-10-11
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| Type |
Order
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| Subtype |
Order on Agreed Extension of Time
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| Description |
90 Days to 01/16/2024
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| Docket Date |
2023-10-11
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| Type |
Notice
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| Subtype |
Notice of Agreed Extension of Time - Initial Brief
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| Description |
Notice of Agreed Extension of Time - Initial Brief
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| On Behalf Of |
Cleveland Construction, Inc.
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| Docket Date |
2023-10-10
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| Type |
Order
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| Subtype |
Order Discharging Show Cause Order
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| Description |
ORDERED that, upon consideration of Federal Insurance Company's response filed October 6, 2023, this court's September 22, 2023 order to show cause is discharged. Further, ORDERED that Federal Insurance Company's August 30, 2023 notice of joinder is reinstated and Federal Insurance Company may proceed as an appellant in the above-styled appeal.
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| View |
View File
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| Docket Date |
2023-10-04
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| Type |
Order
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| Subtype |
Order Striking Filing
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| Description |
**JOINDER REINSTATED 10/10/2023** ORDERED that Federal Insurance Company's August 30, 2023 notice of joinder is stricken for failure to comply with this court's September 1 and 22, 2023 orders.
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| View |
View File
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| Docket Date |
2023-10-03
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| Type |
Record
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| Subtype |
Record on Appeal
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| Description |
Record on Appeal; 2,596 Pages
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| On Behalf Of |
Clerk - Broward
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| Docket Date |
2023-09-22
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| Type |
Order
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| Subtype |
Order to Show Cause
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| Description |
**DISCHARGED 10/10/2023** ORDERED that, within five (5) days from the date of this order, Federal Insurance Company shall show cause why its Notice of Joinder should not be stricken for failure to comply with this court's September 1, 2023 order to pay the filing fee.
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| View |
View File
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| Docket Date |
2023-08-30
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| Type |
Notice
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| Subtype |
Notice of Joinder for Realignment
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| Description |
Notice of Joinder in Appeal (filing fee required)
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| On Behalf Of |
James A. Cummings, Inc.
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| Docket Date |
2023-08-28
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| Type |
Notice
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| Subtype |
Amended Notice of Appeal
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| Description |
Amended Notice of Appeal
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| On Behalf Of |
Clerk - Broward
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| Docket Date |
2023-08-25
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| Type |
Misc. Events
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| Subtype |
Cross-Notice Filing Fee Paid through Portal
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| Description |
CROSS NOTICE FILING FEE PAID THROUGH PORTAL
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| On Behalf Of |
James A. Cummings, Inc.
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| Docket Date |
2023-08-24
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| Type |
Order
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| Subtype |
Order on Filing Fee
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| Description |
ORD-Pay filing Fee - Cross-Appeal - 10 days ~ A Notice of Cross-Appeal was filed in the lower tribunal on August 21, 2023. The $295.00 filing fee required by the applicable rule of procedure and Section 35.22(2)(b), Florida Statutes (2021), is due and payable REGARDLESS OF WHETHER THE APPEAL IS LATER DISMISSED VOLUNTARILY OR ADVERSELY.ORDERED, appellee/cross-appellant shall pay the $295.00 filing fee or file the lower tribunal clerk's determination of indigent status in this court within ten (10) days from the date of the entry of this order. The fee may be paid electronically through the Florida Courts E-Filing Portal – see the court’s website for details. Failure to comply within the time prescribed will result in dismissal of the cross-appeal and may result in the court sanctioning of any party, or the party's attorney, who has not paid the filing fee. The attorney filing the notice of cross-appeal has a duty to tender the filing fee to the appellate court when the cross-appeal is initiated. See In Re Payment of Filing Fees, 744 So. 2d 1025 (Fla. 4th DCA 1997). Failure of the attorney to pay will result in referral to the Department of Financial Services for collection.
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| Docket Date |
2023-08-23
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| Type |
Notice
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| Subtype |
Notice of Cross Appeal
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| Description |
Notice of Cross Appeal
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| On Behalf Of |
Clerk - Broward
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| Docket Date |
2023-08-21
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| Type |
Notice
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| Subtype |
Notice of Designation of E-mail Address
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| Description |
Notice of Primary E-Mail Address
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| On Behalf Of |
Cleveland Construction, Inc.
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| Docket Date |
2023-08-16
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| Type |
Notice
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| Subtype |
Notice of Appearance
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| Description |
Notice of Appearance
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| On Behalf Of |
Cleveland Construction, Inc.
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| Docket Date |
2023-08-16
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| Type |
Misc. Events
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| Subtype |
Order Appealed
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| Description |
Order Appealed
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| On Behalf Of |
Cleveland Construction, Inc.
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| Docket Date |
2023-08-14
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| Type |
Misc. Events
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| Subtype |
Case Filing Fee Paid through Portal
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| Description |
Case Filing Fee Paid Through Portal
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| On Behalf Of |
Cleveland Construction, Inc.
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| Docket Date |
2023-08-10
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| Type |
Order
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| Subtype |
Order on Filing Fee
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| Description |
ORD-Pay Filing Fee-Civil Appeal ~ The jurisdiction of this court was invoked by filing of a Notice of Appeal in the lower tribunal. The $300.00 filing fee required by the applicable rule of procedure and Section 35.22(2)(a), Florida Statutes (2021), is due and payable REGARDLESS OF WHETHER THE APPEAL IS LATER DISMISSED VOLUNTARILY OR ADVERSELY.ORDERED that appellant shall pay the $300.00 filing fee or file the lower tribunal clerk's determination of indigent status in this court within ten (10) days from the date of this order. The fee may be paid electronically through the Florida Courts E-Filing Portal – see the court’s website for details. Failure to comply within the time prescribed will result in dismissal of this cause and may result in the court sanctioning of any party, or the party's attorney, who has not paid the filing fee. The attorney filing the Notice of Appeal has a duty to tender the filing fee to the appellate court when the appeal is initiated. See In Re Payment of Filing Fees, 744 So. 2d 1025 (Fla. 4th DCA 1997). Failure of the attorney to pay will result in referral to the Department of Financial Services for collection.**NOTE: This order does not toll the time for filing any pleadings necessary to prosecute this appeal and no extensions of time will be entertained. Once the fee is paid, it is not refundable. Except for dismissal, this court will take no action in this appeal until the filing fee is paid or until a lower tribunal clerk's determination of indigent status is filed.
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| Docket Date |
2023-08-10
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| Type |
Notice
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| Subtype |
Notice of Appeal
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| Description |
Notice of Appeal Filed
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| On Behalf Of |
Cleveland Construction, Inc.
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| Docket Date |
2023-08-10
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| Type |
Letter
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| Subtype |
Acknowledgment Letter
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| Description |
Acknowledgment Letter
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| Docket Date |
2023-08-10
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| Type |
Misc. Events
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| Subtype |
Fee Status
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| Description |
FP:Fee Paid Through Portal
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| Docket Date |
2024-12-18
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| Type |
Record
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| Subtype |
Returned Exhibits
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| Description |
Returned Exhibits
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| Docket Date |
2024-05-09
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| Type |
Order
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| Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
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| Description |
ORDERED that Appellee James A. Cummings, Inc.'s May 7, 2024 motion for extension of time is granted, and Appellee shall serve the answer/cross-initial brief on or before June 7, 2024. In addition, Appellee is notified that the failure to serve the brief within the time provided herein may foreclose Appellee's right to file a brief or otherwise participate in this appeal.
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| View |
View File
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| Docket Date |
2024-01-16
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| Type |
Order
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| Subtype |
Order on Motion for Extension of Time
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| Description |
ORDERED that Appellant Cleveland Construction, Inc.'s January 5, 2024 motion for extension of time is granted, and the time for the clerk of the lower tribunal to file the supplemental record on appeal is extended to and including January 18, 2024. Further, ORDERED that Appellant Cleveland Construction, Inc.'s January 5, 2024 request for extension of time is granted in part, and Appellant shall serve the initial brief ten (10) days from receipt of the supplemental record. In addition, if the initial brief is not served within the time provided for in this order, the above-styled case will be subject to dismissal or the court in its discretion may impose other sanctions. Appellant is advised that no further extensions will be granted absent a detailed explanation for why the initial brief has not yet been filed and a showing of extraordinary circumstances where, if a further extension is not granted, irreparable and material harm will result to the litigant. Attorney workload does not constitute extraordinary circumstances which justifies a further extension of time.
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| View |
View File
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| Docket Date |
2023-09-01
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| Type |
Order
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| Subtype |
Order on Filing Fee
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| Description |
ORD-Pay filing fee-Notice Joinder-10 days ~ The $295.00 filing fee, or a lower tribunal clerk's determination of indigent status, did not accompany the Notice of Joinder as required by section 35.22(2)(b), Florida Statutes (2021). The filing fee is due and payable at the time of filing REGARDLESS OF WHETHER THE PROCEEDING IS LATER DISMISSED VOLUNTARILY OR ADVERSELY.ORDERED that Federal Insurance Company shall pay the $295.00 filing fee or file the lower tribunal clerk's determination of indigent status in this Court within ten (10) days from the date of the entry of this order. The fee may be paid electronically through the Florida Courts E-Filing Portal – see the court’s website for details. Failure to comply within the time prescribed will result in dismissal/striking of the notice of joinder and may result in the court sanctioning of any party, or the party's attorney, who has not paid the filing fee. The attorney filing the notice of joinder has a duty to tender the filing fee to the appellate court when the notice is initiated. See In Re Payment of Filing Fees, 744 So. 2d 1025 (Fla. 4th DCA 1997). Failure of the attorney to pay will result in referral to the Florida Department of Financial Services for collection.
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ALL PAVING, INC. VS ENCO LLC and TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA
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4D2023-0551
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2023-03-03
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Closed
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| Classification |
NOA Non Final - Circuit Civil - Other
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| Court |
4th District Court of Appeal
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| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
CACE22-012577
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Parties
| Name |
ALL PAVING INC.
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| Role |
Appellant
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| Status |
Active
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| Representations |
Ryan Abrams, Scott James Edwards
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| Name |
TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA
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| Role |
Appellee
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| Status |
Active
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|
| Name |
ENCO LLC
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| Role |
Appellee
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| Status |
Active
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| Representations |
Howard P. Clark III, Robert N. Hartsell, Robert Craig Graham, Shai Ozery
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|
| Name |
Hon. Jeffrey R. Levenson
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| Role |
Judge/Judicial Officer
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| Status |
Active
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|
| Name |
Clerk - Broward
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| Role |
Lower Tribunal Clerk
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| Status |
Active
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Docket Entries
| Docket Date |
2023-03-03
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| Type |
Order
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| Subtype |
Order on Filing Fee
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| Description |
ORD-Pay Filing Fee-Civil Appeal ~ The jurisdiction of this court was invoked by filing of a Notice of Appeal in the lower tribunal. The $300.00 filing fee required by the applicable rule of procedure and Section 35.22(2)(a), Florida Statutes (2021), is due and payable REGARDLESS OF WHETHER THE APPEAL IS LATER DISMISSED VOLUNTARILY OR ADVERSELY.ORDERED that appellant shall pay the $300.00 filing fee or file the lower tribunal clerk's determination of indigent status in this court within ten (10) days from the date of this order. The fee may be paid electronically through the Florida Courts E-Filing Portal – see the court’s website for details. Failure to comply within the time prescribed will result in dismissal of this cause and may result in the court sanctioning of any party, or the party's attorney, who has not paid the filing fee. The attorney filing the Notice of Appeal has a duty to tender the filing fee to the appellate court when the appeal is initiated. See In Re Payment of Filing Fees, 744 So. 2d 1025 (Fla. 4th DCA 1997). Failure of the attorney to pay will result in referral to the Department of Financial Services for collection.**NOTE: This order does not toll the time for filing any pleadings necessary to prosecute this appeal and no extensions of time will be entertained. Once the fee is paid, it is not refundable. Except for dismissal, this court will take no action in this appeal until the filing fee is paid or until a lower tribunal clerk's determination of indigent status is filed.
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| Docket Date |
2023-09-01
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| Type |
Misc. Events
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| Subtype |
West Publishing
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| Description |
West Publishing
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|
| Docket Date |
2023-09-01
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| Type |
Mandate
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| Subtype |
Mandate
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| Description |
Mandate
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| Docket Date |
2023-08-10
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| Type |
Order
|
| Subtype |
Order on Motion/Request for Oral Argument
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| Description |
Order Denying Oral Argument ~ ORDERED that appellee ENCO LLC’s May 3, 2023 motion to allow oral argument is denied.
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| Docket Date |
2023-08-10
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| Type |
Disposition by Opinion
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| Subtype |
Affirmed
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| Description |
Affirmed - Per Curiam Affirmed
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|
| Docket Date |
2023-06-02
|
| Type |
Brief
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| Subtype |
Reply Brief
|
| Description |
Appellant's Reply Brief
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| On Behalf Of |
All Paving, Inc.
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|
| Docket Date |
2023-06-02
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
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| On Behalf Of |
All Paving, Inc.
|
|
| Docket Date |
2023-05-05
|
| Type |
Brief
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| Subtype |
Amended Answer Brief
|
| Description |
Amended Appellee's Answer Brief
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| On Behalf Of |
Enco LLC
|
|
| Docket Date |
2023-05-05
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Brief ~ AMENDED.
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| On Behalf Of |
Enco LLC
|
|
| Docket Date |
2023-05-04
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
Order Striking Appendix - Non-Compliance With R. 9.220 ~ ORDERED that appellees’ appendix to the answer brief is stricken as not in compliance with Florida Rule of Appellate Procedure 9.220(c), which was amended effective October 1, 2017, in that it was not properly indexed and consecutively paginated, beginning with the cover sheet as page 1, was not paginated so that the page numbers displayed by the PDF reader exactly match the pagination of the index, contains bookmarks which are not in compliance with Rule 9.220(c)(3), and contains upside down documents. An amended appendix in compliance with Rule 9.220(c) shall be filed within two (2) days from the date of this order.
|
|
| Docket Date |
2023-05-03
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief ~ **SEE AMENDED AB FILED 5/5/23**
|
| On Behalf Of |
Enco LLC
|
|
| Docket Date |
2023-05-03
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion/Request for Oral Argument
|
| Description |
Request for Oral Argument
|
| On Behalf Of |
Enco LLC
|
|
| Docket Date |
2023-05-03
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Brief ~ **STRICKEN**
|
| On Behalf Of |
Enco LLC
|
|
| Docket Date |
2023-04-20
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
| Description |
Order Granting EOT for Answer Brief ~ ORDERED that appellee's April 19, 2023 motion for extension of time is granted, and appellee shall serve the answer brief on or before May 9, 2023. 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 |
2023-04-19
|
| 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 |
Enco LLC
|
|
| Docket Date |
2023-03-30
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
All Paving, Inc.
|
|
| Docket Date |
2023-03-30
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Brief
|
| On Behalf Of |
All Paving, Inc.
|
|
| Docket Date |
2023-03-14
|
| 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 13, 2023 motion for extension of time is granted, and appellant shall serve the initial brief on or before March 30, 2023. 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 |
2023-03-13
|
| 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 |
All Paving, Inc.
|
|
| Docket Date |
2023-03-06
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
All Paving, Inc.
|
|
| Docket Date |
2023-03-06
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid Through Portal
|
| On Behalf Of |
All Paving, Inc.
|
|
| Docket Date |
2023-03-03
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
All Paving, Inc.
|
|
| Docket Date |
2023-03-03
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2023-03-03
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
|
|
LITECRETE, INC. VS FABARC STEEL SUPPLY, INC., ET AL.
|
2D2022-1481
|
2022-05-06
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
2nd District Court of Appeal
|
| Originating Court |
Circuit Court for the Thirteenth Judicial Circuit, Hillsborough County
19-CA-000263
|
Parties
| Name |
LITECRETE, INC.
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
CRAIG ROBERT LEWIS, ESQ., ZACHARY L. AUSPITZ, ESQ., VINCENT F. VACCARELLA, ESQ.
|
|
| Name |
TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
FABARC STEEL SUPPLY, INC.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
GARRETT BROWN, ESQ., CHARLES E. REYNOLDS, ESQ., ROLAND A. HERMIDA, I I, ESQ., Andrew R. Schindler, Esq., R. SCOTT NORMAN, ESQ., ANGELA M. RICHIE, ESQ.
|
|
| Name |
METROPOLITAN LIFE INSURANCE COMPANY
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
HON. CAROLINE TESCHE ARKIN
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
HILLSBOROUGH CLERK
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2023-10-25
|
| Type |
Record
|
| Subtype |
Returned Exhibits
|
| Description |
Returned Exhibits ~ 1 FLASHDRIVE - MEDIA DEVICE **RETURNED TO THE CIRCUIT COURT**
|
|
| Docket Date |
2023-03-27
|
| Type |
Misc. Events
|
| Subtype |
Case Closed
|
| Description |
Case Closed
|
|
| Docket Date |
2023-03-27
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Clerk
|
|
| Docket Date |
2023-03-27
|
| 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 |
2023-03-24
|
| Type |
Motions Other
|
| Subtype |
Motion/Notice Voluntary Dismissal
|
| Description |
Notice of Voluntary Dismissal
|
| On Behalf Of |
LITECRETE, INC.
|
|
| Docket Date |
2023-03-21
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
ORDER GRANTING EOT FOR INITIAL BRIEF ~ Appellant's motion for extension of time is granted, and the initial brief shallbe served by March 24, 2023.
|
|
| Docket Date |
2023-03-17
|
| 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 |
LITECRETE, INC.
|
|
| Docket Date |
2023-03-14
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
ORDER GRANTING EOT FOR INITIAL BRIEF ~ Appellant's motion for extension of time is granted, and the initial brief shall be served by March 17, 2023.
|
|
| Docket Date |
2023-03-13
|
| 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 |
LITECRETE, INC.
|
|
| Docket Date |
2023-02-09
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
grant eot for IB - unlikely ~ Appellant's motion for extension of time is granted, and the initial brief shall beserved within 30 days from the date of this order. However, further motions forextension of time are unlikely to receive favorable consideration.
|
|
| Docket Date |
2023-02-03
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE
|
| On Behalf Of |
FABARC STEEL SUPPLY, INC.
|
|
| Docket Date |
2023-01-19
|
| 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 |
LITECRETE, INC.
|
|
| Docket Date |
2022-12-19
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
ORDER GRANTING EOT FOR INITIAL BRIEF ~ Appellant's motion for extension of time is granted, and the initial brief shallbe served within 30 days from the date of this order.
|
|
| Docket Date |
2022-12-01
|
| 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 |
LITECRETE, INC.
|
|
| Docket Date |
2022-11-16
|
| Type |
Record
|
| Subtype |
Exhibits
|
| Description |
Received Exhibits ~ 1 FLASHDRIVE - MEDIA DEVICE ***LOCATED IN THE VAULT***
|
|
| Docket Date |
2022-11-14
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ ARKIN - 1327 PAGES AMENDED REDACTED
|
|
| Docket Date |
2022-11-09
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ ARKIN- 1322 PAGES REDACTED
|
|
| Docket Date |
2022-10-12
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Miscellaneous Order ~ Upon consideration of Appellant's status report and notice of filing final judgment,the relinquishment period granted by this court's June 22, 2022, order has concluded,and this appeal shall proceed.
|
|
| Docket Date |
2022-10-10
|
| Type |
Misc. Events
|
| Subtype |
Status Report
|
| Description |
Status Report ~ APPELLANT'S STATUS REPORT AND NOTICE OF FILING FINAL JUDGMENT
|
| On Behalf Of |
HILLSBOROUGH CLERK
|
|
| Docket Date |
2022-08-25
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Miscellaneous Order ~ Upon consideration of appellant's statements in the status report, the relinquishment period granted by this court's June 22, 2022, order is extended for an additional 45 days from the date of this order. Appellant shall file in this court a copy of the resulting order or a status report within 45 days from the date of this order. Upon issuance of an order that matures the present premature appeal, appellant shall ensure that the clerk of the circuit court supplements the record with the order. The failure of the appellant to obtain such an order will subject the present appeal to dismissal.
|
|
| Docket Date |
2022-08-08
|
| Type |
Misc. Events
|
| Subtype |
Status Report
|
| Description |
Status Report ~ APPELLANT'S STATUS REPORT AND MOTION TO EXTEND TIME FOR RENDITION OF FINAL ORDER
|
| On Behalf Of |
LITECRETE, INC.
|
|
| Docket Date |
2022-06-22
|
| Type |
Order
|
| Subtype |
Order on Motion to Relinquish Jurisdiction
|
| Description |
ORDER GRANTING RELINQUISH JURISDICTION ~ Appellant's motion to relinquish jurisdiction is granted to the extent necessary for 45 days to allow the trial court to enter a final judgment on the order confirming the arbitration award. Appellant shall file in this court a copy of the resulting order or a status report within 45 days from the date of this order. Upon issuance of an order that matures the present premature appeal, appellant shall ensure that the clerk of the circuit court supplements the record with the order. The failure of the appellant to obtain such an order will subject the present appeal to dismissal.
|
|
| Docket Date |
2022-05-24
|
| Type |
Motions Other
|
| Subtype |
Motion To Stay
|
| Description |
Motion To Stay ~ APPELLANT'S RESPONSE TO THIS COURT'S MAY 9 ORDER AND MOTION TO RELINQUISH JURISDICTION OR TO STAY THIS PROCEEDING PENDING RENDITION OF FINAL ORDER
|
| On Behalf Of |
LITECRETE, INC.
|
|
| Docket Date |
2022-05-09
|
| Type |
Order
|
| Subtype |
Show Cause Jurisdiction
|
| Description |
OSC nonfinal, nonappealable civil ~ **DISCHARGED-SEE 10/12/22 ORDER**Appellant shall show cause within fifteen days why this appeal should not be dismissed as from a nonfinal, nonappealable order. See Parvin v. Valhalla Props. On Sand Key, LLC, 949 So. 2d 1167 (Fla. 2d DCA 2007); Infolink Group, Inc. v. Kurzweg 10 So. 3d 201 (Fla. 3d DCA 2009).
|
|
| Docket Date |
2022-05-09
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid through Portal
|
| On Behalf Of |
LITECRETE, INC.
|
|
| Docket Date |
2022-05-06
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2022-05-06
|
| Type |
Order
|
| Subtype |
Show Cause Jurisdiction
|
| Description |
OSC nonfinal, nonappealable civil ~ **DISCHARGED-SEE 10/12/22**Appellant shall show cause within fifteen days why this appeal should not be dismissed as from a nonfinal, nonappealable order.
|
|
| Docket Date |
2022-05-06
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed ~ W/ORDER
|
| On Behalf Of |
LITECRETE, INC.
|
|
| Docket Date |
2022-05-06
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter 1
|
|
|
|
ARCH SPECIALTY INSURANCE COMPANY, et al., VS TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, et al.,
|
3D2020-0930
|
2020-07-01
|
Closed
|
|
| Classification |
NOA Non Final - Circuit Civil - Other
|
| Court |
3rd District Court of Appeal
|
| Originating Court |
Circuit Court for the Eleventh Judicial Circuit, Miami-Dade County
19-2294
|
Parties
| Name |
ARCH SPECIALTY INSURANCE COMPANY
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
RALF R. RODRIGUEZ
|
|
| Name |
CATLIN SPECIALTY INSURANCE COMPANY
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
MICHAEL A. FANT, JR., Elizabeth K. Russo, JENNIFER ALTMAN, DAVID E. GURLEY
|
|
| Name |
F ACCHINA CONSTRUCTION OF FLORIDA, LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
HON. ALAN FINE
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Miami-Dade Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2021-02-02
|
| Type |
Misc. Events
|
| Subtype |
Oral Argument Date Set
|
| Description |
Oral Argument Date Set ~ 3DCA
|
|
| Docket Date |
2021-01-05
|
| Type |
Disposition by Opinion
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Judge
|
|
| Docket Date |
2021-01-05
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
Stipulation of Dismissal (DA11J) ~ IT IS HEREBY ORDERED that the parties’ Joint Stipulation for Dismissal of Appeal is recognized by the Court, and this appeal from the Circuit Court for Miami-Dade County, Florida, is hereby dismissed. This cause is removed from the oral argument calendar of Tuesday, February 2, 2021.
|
|
| Docket Date |
2021-01-05
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2021-01-05
|
| Type |
Mandate
|
| Subtype |
Disp. w/o Mandate
|
| Description |
Disp w/o mandate
|
|
| Docket Date |
2020-12-22
|
| Type |
Motions Other
|
| Subtype |
Motion/Notice Voluntary Dismissal
|
| Description |
Notice of Voluntary Dismissal ~ JOINT STIPULATION FOR DISMISSAL OF APPEAL
|
| On Behalf Of |
TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA
|
|
| Docket Date |
2020-07-20
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
MISCELLANEOUS ORDER (OR999) ~ Upon consideration, Appellees’ Motion to Dismiss Appeal is carried with the case. SCALES, MILLER and GORDO, JJ., concur.
|
|
| Docket Date |
2020-10-21
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion/Request for Oral Argument
|
| Description |
Request for Oral Argument
|
| On Behalf Of |
Arch Specialty Insurance Company
|
|
| Docket Date |
2020-10-21
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant's Reply Brief
|
| On Behalf Of |
Arch Specialty Insurance Company
|
|
| Docket Date |
2020-10-15
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Reply Brief
|
| Description |
Extension granted to file reply brief (OG05) ~ Appellant’s Unopposed Second Motion for an Extension of Time to File the Reply Brief is granted to and including October 21, 2020.
|
|
| Docket Date |
2020-10-13
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Reply Brief
|
| Description |
Mot. for Extension of Time to File Reply Brief ~ UNOPPOSED SECOND MOTION FOR EXTENSION OF TIME TO FILEAPPELLANTS' REPLY BRIEF
|
| On Behalf Of |
Arch Specialty Insurance Company
|
|
| Docket Date |
2020-09-10
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Reply Brief
|
| Description |
Extension granted to file reply brief (OG05) ~ Appellants’ Unopposed Motion for an Extension of Time to File the Reply Brief is granted to and including October 14, 2020.
|
|
| Docket Date |
2020-09-09
|
| 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 |
Arch Specialty Insurance Company
|
|
| Docket Date |
2020-08-14
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief
|
| On Behalf Of |
TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA
|
|
| Docket Date |
2020-08-11
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA
|
|
| Docket Date |
2020-07-15
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
Arch Specialty Insurance Company
|
|
| Docket Date |
2020-07-13
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ APPELLANTS' RESPONSE IN OPPOSITION TO APPELLEE'S MOTION TO DISMISS APPEAL
|
| On Behalf Of |
Arch Specialty Insurance Company
|
|
| Docket Date |
2020-07-13
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix ~ APPELLANTS ARCH SPECIALTY INSURANCE COMPANY ANDCATLIN SPECIALTY INSURANCE COMPANY'S APPENDIX TOINITIAL BRIEF ON THE MERITS
|
| On Behalf Of |
Arch Specialty Insurance Company
|
|
| Docket Date |
2020-07-08
|
| Type |
Motions Other
|
| Subtype |
Motion To Dismiss
|
| Description |
Motion To Dismiss ~ APPELLEE'S MOTION TO DISMISS APPEAL
|
| On Behalf Of |
TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA
|
|
| Docket Date |
2020-07-06
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA
|
|
| Docket Date |
2020-07-01
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
Arch Specialty Insurance Company
|
|
| Docket Date |
2020-07-01
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
Order to pay filing fee-civil w/atty (OR14B) ~ This is to notify counsel for Appellants that the filing and prosecution of a notice of appeal in this Court is not acceptable without compliance with the Florida Rules of Appellate Procedure. Therefore, this appeal will be dismissed unless the required three hundred dollar ($300.00) fee is paid to the Clerk of the Court on or before July 11, 2020.
|
|
| Docket Date |
2020-07-01
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
| Docket Date |
2020-07-01
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter ~ Acknowledgment of new case with attachments. **The $300 filing fee for an appeal is due.
|
|
| Docket Date |
2020-12-01
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice ~ NOTICE OF ACKNOWLEDGMENT
|
| On Behalf Of |
Arch Specialty Insurance Company
|
|
|
|
L&R STRUCTURAL CORP., INC., VS FACCHINA CONSTRUCTION OF FLORIDA, LLC, et al.,
|
3D2020-0754
|
2020-05-13
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
3rd District Court of Appeal
|
| Originating Court |
Circuit Court for the Eleventh Judicial Circuit, Miami-Dade County
17-18456
|
Parties
| Name |
L&R STRUCTURAL CORP., INC.
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
JAMES KEITH RAMSEY, JIM MCCRAE, ANDREW B. ALBAUGH
|
|
| Name |
TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
FACCHINA CONSTRUCTION OF FLORIDA, LLC
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
GLORIA PENCE, CHRISTOPHER M. BUNGE, MARIELA M. MALFELD
|
|
| Name |
Hon. Mavel Ruiz
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Miami-Dade Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2020-07-23
|
| Type |
Notice
|
| Subtype |
Voluntary Dismissal
|
| Description |
Voluntary Dismissal Recognized (OG33) ~ IT IS HEREBY ORDERED that Appellant’s Notice of Voluntary Dismissal of Appeal is recognized by the Court, and this appeal from the Circuit Court for Miami-Dade County, Florida, is hereby dismissed.
|
|
| Docket Date |
2020-07-23
|
| Type |
Disposition by Opinion
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Clerk
|
|
| Docket Date |
2020-07-23
|
| Type |
Mandate
|
| Subtype |
Disp. w/o Mandate
|
| Description |
Disp w/o mandate
|
|
| Docket Date |
2020-07-23
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2020-07-21
|
| Type |
Motions Other
|
| Subtype |
Motion/Notice Voluntary Dismissal
|
| Description |
Notice of Voluntary Dismissal
|
| On Behalf Of |
L&R STRUCTURAL CORP., INC.
|
|
| Docket Date |
2020-07-21
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
MISCELLANEOUS ORDER (OR999) ~ Appellant's Notice of Filing, filed on July 20, 2020, is noted. Within five (5) days from the date of this Order, Appellant shall either file a notice of voluntary dismissal of this appeal or show cause as to why this appeal should not be dismissed as moot.
|
|
| Docket Date |
2020-07-20
|
| Type |
Notice
|
| Subtype |
Notice of Filing
|
| Description |
Notice of Filing ~ L&R STRUCTURAL CORP., INC.'S NOTICE OF FILING TRIAL ORDER
|
| On Behalf Of |
L&R STRUCTURAL CORP., INC.
|
|
| Docket Date |
2020-07-17
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ IB-30 days to 8/16/20
|
|
| Docket Date |
2020-07-17
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Notice of Agreed Extension of Time
|
| On Behalf Of |
L&R STRUCTURAL CORP., INC.
|
|
| Docket Date |
2020-07-15
|
| Type |
Misc. Events
|
| Subtype |
Status Report
|
| Description |
Status Report
|
| On Behalf Of |
L&R STRUCTURAL CORP., INC.
|
|
| Docket Date |
2020-07-10
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Record on Appeal
|
| On Behalf Of |
Miami-Dade Clerk
|
|
| Docket Date |
2020-06-05
|
| Type |
Order
|
| Subtype |
Order on Motion to Relinquish Jurisdiction
|
| Description |
Relinquishment Granted (OG49) ~ The Unopposed Motion to Relinquish Jurisdiction is granted and jurisdiction of this cause is temporarily relinquished to the trial court for a period of forty-five (45) days from the date of this Order for the purpose(s) stated in the Motion.
|
|
| Docket Date |
2020-06-03
|
| Type |
Motions Other
|
| Subtype |
Motion To Relinquish Jurisdiction
|
| Description |
Motion To Relinquish Jurisdiction ~ L&R STRUCTURAL CORP., INC.'S UNOPPOSED MOTION FORTEMPORARY RELINQUISHMENT OF JURISDICTION
|
| On Behalf Of |
L&R STRUCTURAL CORP., INC.
|
|
| Docket Date |
2020-06-03
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix ~ to motion to relinquish jurisdiction
|
| On Behalf Of |
L&R STRUCTURAL CORP., INC.
|
|
| Docket Date |
2020-05-13
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
Order to pay filing fee-civil w/atty (OR14B) ~ This is to notify counsel for Appellant that the filing and prosecution of a notice of appeal in this Court is not acceptable without compliance with the Florida Rules of Appellate Procedure. Therefore, this appeal will be dismissed unless the required three hundred dollar ($300.00) fee is paid to the Clerk of the Court on or before May 23, 2020.
|
|
| Docket Date |
2020-05-13
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid Through Portal
|
| On Behalf Of |
L&R STRUCTURAL CORP., INC.
|
|
| Docket Date |
2020-05-13
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
L&R STRUCTURAL CORP., INC.
|
|
| Docket Date |
2020-05-13
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter ~ Acknowledgment of new case with attachments. The $300 filing fee for a notice of appeal is due.
|
|
|
|
EXPRESS CONSOLIDATION, INC. VS TRAVELERS CASUALTY AND SURETY, et al.
|
4D2018-2171
|
2018-07-20
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
11-024445 (08)
|
Parties
| Name |
SOUTHGATE INSURANCE AGENCY OF POMPANO BEACH, INC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
RANDALL L. LESHIN, P.A.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
FRED W. APPLEGATE III
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Hon. David A. Haimes
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Broward
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
| Name |
EXPRESS CONSOLIDATION, INC.
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
STEVEN A. SMILACK
|
|
| Name |
TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
JOSEPH M. BERKLUND, LAURA EVE BESVINICK, Steven J. Chackman, Neil Rose, Daniel D. Britto, Julie E. Nevins
|
|
Docket Entries
| Docket Date |
2019-07-12
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2018-11-05
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
EXPRESS CONSOLIDATION, INC.
|
|
| Docket Date |
2019-06-14
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2019-06-13
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response
|
| On Behalf Of |
Travelers Casualty and Surety Company of America
|
|
| Docket Date |
2019-05-29
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion for Rehearing
|
| Description |
Motion For Rehearing ~ MOTION FOR ISSUANCE OF A WRITTEN OPINION
|
| On Behalf Of |
EXPRESS CONSOLIDATION, INC.
|
|
| Docket Date |
2019-05-23
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed - Per Curiam Affirmed
|
|
| Docket Date |
2019-04-01
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant's Reply Brief
|
| On Behalf Of |
EXPRESS CONSOLIDATION, INC.
|
|
| Docket Date |
2019-03-15
|
| 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 appellant's March 14, 2019 motion for extension of time is granted in part. Appellant shall serve the reply brief within fifteen (15) days from the date of this order. In addition, if the reply brief is served after the time provided for in this order, it may be stricken.
|
|
| Docket Date |
2019-03-14
|
| 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 |
EXPRESS CONSOLIDATION, INC.
|
|
| Docket Date |
2019-03-14
|
| Type |
Record
|
| Subtype |
Supplemental Record
|
| Description |
Supplemental Records ~ (76 PAGES)
|
| On Behalf Of |
Clerk - Broward
|
|
| Docket Date |
2019-02-15
|
| Type |
Record
|
| Subtype |
Supplemental Record
|
| Description |
Supplemental Records ~ **PROPOSED**
|
| On Behalf Of |
Travelers Casualty and Surety Company of America
|
|
| Docket Date |
2019-02-11
|
| Type |
Order
|
| Subtype |
Order on Motion to Supplement Record & EOT/Toll Briefing
|
| Description |
ORD-deny motion to supplement per 9.300(a) ~ ORDERED that appellee's February 8, 2019 motion to supplement the record is denied without prejudice for failure to comply with Florida Rule of Appellate Procedure 9.300(a). See also this court's Notice to Attorneys and to Parties Representing Themselves, Paragraph 1.
|
|
| Docket Date |
2019-02-08
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion to Supplement Record
|
| Description |
Motion To File Supplemental Record ~ "MOTION TO AMEND/CORRECT RECORD ON APPEAL"
|
| On Behalf Of |
Travelers Casualty and Surety Company of America
|
|
| Docket Date |
2019-02-07
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief
|
| On Behalf Of |
Travelers Casualty and Surety Company of America
|
|
| Docket Date |
2019-02-07
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Brief
|
| On Behalf Of |
Travelers Casualty and Surety Company of America
|
|
| Docket Date |
2019-02-01
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief ~ AGENCY MARKETING SERVICES, INC.AND KEVIN SCHUCK, JR.
|
| On Behalf Of |
Travelers Casualty and Surety Company of America
|
|
| Docket Date |
2019-02-01
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 3 DAYS TO 2/7/19.
|
|
| Docket Date |
2019-02-01
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
| Description |
Notice of Agreed Extension - Answer Brief ~ TRAVELERS CASUALTY & SURETY.
|
| On Behalf Of |
Travelers Casualty and Surety Company of America
|
|
| Docket Date |
2019-02-01
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
|
| On Behalf Of |
Travelers Casualty and Surety Company of America
|
|
| Docket Date |
2019-01-22
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
| Description |
Notice of Agreed Extension - Answer Brief ~ Travelers Casualty & SuretyCompany of America.
|
| On Behalf Of |
Travelers Casualty and Surety Company of America
|
|
| Docket Date |
2019-01-22
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 10 DAYS TO 2/4/19.
|
|
| Docket Date |
2018-12-28
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 30 DAYS TO 2/4/19.
|
|
| Docket Date |
2018-12-28
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
| Description |
Notice of Agreed Extension - Answer Brief ~ AGENCY MARKETING SERVICES, INC.AND KEVIN SCHUCK, JR.
|
| On Behalf Of |
Travelers Casualty and Surety Company of America
|
|
| Docket Date |
2018-12-27
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
| Description |
Notice of Agreed Extension - Answer Brief ~ Travelers Casualty & Surety Company of America
|
| On Behalf Of |
Travelers Casualty and Surety Company of America
|
|
| Docket Date |
2018-12-27
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 21 DAYS TO 1/25/19.
|
|
| Docket Date |
2018-11-28
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 30 DAYS TO 1/4/19.
|
|
| Docket Date |
2018-11-28
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
| Description |
Notice of Agreed Extension - Answer Brief ~ Agency Marketing Services, Inc. andKevin Schuck, Jr.
|
| On Behalf Of |
Travelers Casualty and Surety Company of America
|
|
| Docket Date |
2018-11-19
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 30 DAYS TO 1/4/19.
|
|
| Docket Date |
2018-11-19
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
| Description |
Notice of Agreed Extension - Answer Brief ~ Travelers Casualty & SuretyCompany of America
|
| On Behalf Of |
Travelers Casualty and Surety Company of America
|
|
| Docket Date |
2018-11-08
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Brief
|
| On Behalf Of |
EXPRESS CONSOLIDATION, INC.
|
|
| Docket Date |
2018-11-07
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
Order Striking Appendix - Non-Compliance With R. 9.220 ~ ORDERED that the appellant's appendix to the initial brief is stricken as not in compliance with Florida Rule of Appellate Procedure 9.220(c), which was amended effective October 1, 2017, in that it was not properly indexed and consecutively paginated, beginning with the cover sheet as page 1, was not fully text searchable, and was not paginated so that the page numbers displayed by the PDF reader exactly match the pagination of the index. An amended appendix in compliance with Rule 9.220(c) shall be filed within two (2) days from the date of this order.
|
|
| Docket Date |
2018-11-06
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Brief ~ **STRICKEN**
|
| On Behalf Of |
EXPRESS CONSOLIDATION, INC.
|
|
| Docket Date |
2019-02-15
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion to Supplement Record
|
| Description |
Motion To File Supplemental Record ~ MOTION TO AMEND/CORRECT RECORD ON APPEAL
|
| On Behalf Of |
Travelers Casualty and Surety Company of America
|
|
| Docket Date |
2018-10-03
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ *AND* MOTION FOR EOT.
|
| On Behalf Of |
EXPRESS CONSOLIDATION, INC.
|
|
| Docket Date |
2018-10-02
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ (4471 PAGES)
|
|
| Docket Date |
2018-09-21
|
| Type |
Order
|
| Subtype |
Order to File Status Report
|
| Description |
Order for Status Report Re: ROA ~ Upon consideration of the affidavit of non-payment of appeal invoice filed by the clerk of the lower tribunal on September 11, 2018, appellant is ordered to file a report within ten (10) days from the date of this order, as to the status of the payment for the record on appeal.
|
|
| Docket Date |
2018-09-18
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance ~ AMENDED.
|
| On Behalf Of |
Travelers Casualty and Surety Company of America
|
|
| Docket Date |
2018-09-17
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance ~ AMENDED NOA FILED.
|
| On Behalf Of |
Travelers Casualty and Surety Company of America
|
|
| Docket Date |
2018-09-11
|
| Type |
Misc. Events
|
| Subtype |
Affidavit
|
| Description |
Affidavit ~ OF NON-PAYMENT OF APPEAL INVOICE.
|
|
| Docket Date |
2018-07-20
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
| Docket Date |
2018-07-20
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
EXPRESS CONSOLIDATION, INC.
|
|
| Docket Date |
2018-07-20
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2019-06-14
|
| Type |
Order
|
| Subtype |
Order on Motion for Rehearing
|
| Description |
ORD-Denying Rehearing ~ ORDERED that the appellant's May 29, 2019 motion for issuance of a written opinion is denied.
|
|
| Docket Date |
2019-05-23
|
| Type |
Order
|
| Subtype |
Order on Motion For Attorney's Fees
|
| Description |
Order Granting Attorney Fees-Offer Judg. ~ ORDERED that the appellees, Agency Marketing Services, Inc. and Kevin Schuck, Jr.'s February 1, 2019 motion for award of appellate attorney's fees is granted conditioned on the trial court determining that appellees are entitled to fees under section 768.79, Florida Statutes (2017) and, if so, setting 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 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 |
2019-02-19
|
| Type |
Order
|
| Subtype |
Order on Motion to Supplement Record & EOT/Toll Briefing
|
| Description |
Order Granting Motion to Supplement the Record ~ ORDERED that appellee's February 15, 2019 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 five (5) days from the date of this order. Appellee shall monitor the supplementation process.
|
|
| Docket Date |
2018-10-04
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
Order Granting EOT for Initial Brief ~ ORDERED that this court's September 28, 2018 order is discharged; further,ORDERED that appellant's October 3, 2018 motion for extension of time is granted, and appellant shall serve the initial brief within thirty (30) days from the date of this order. 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 |
2018-09-28
|
| Type |
Order
|
| Subtype |
Show Cause
|
| Description |
Show Cause Lack of Prosecution, Initial Brief ~ **DISCHARGED**ORDERED that appellant in the above-styled case is directed to show cause in writing, if any there be, on or before October 11, 2018, 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 |
2018-07-20
|
| 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.
|
|
|
|
SACHSE CONSTRUCTION AND DEVELOPMENT CORPORATION VS AFFIRMED DRYWALL CORP., ET AL
|
2D2017-4276
|
2017-10-25
|
Closed
|
|
| Classification |
NOA Non Final - Circuit Civil - Other
|
| Court |
2nd District Court of Appeal
|
| Originating Court |
Circuit Court for the Twentieth Judicial Circuit, Collier County
17-CA-478-01
|
Parties
| Name |
SACHSE CONSTRUCTION AND DEVELOPMENT CORPORATION
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
RICHARD B. AKIN, I I, ESQ., J. MATTHEW BELCASTRO, ESQ.
|
|
| Name |
AFFIRMED DRYWALL CORP.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
NICHOLAS SIEGFRIED, ESQ., STEVEN M. SIEGFRIED, ESQ.
|
|
| Name |
TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
HON. LAUREN L. BRODIE
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
COLLIER CLERK
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2018-08-24
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2018-08-10
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2018-07-18
|
| Type |
Disposition by Opinion
|
| Subtype |
Reversed
|
| Description |
Reversed - Authored Opinion ~ and remanded with directions.
|
|
| Docket Date |
2017-12-18
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant Reply Brief
|
| On Behalf Of |
SACHSE CONSTRUCTION AND DEVELOPMENT CORPORATION
|
|
| Docket Date |
2017-12-18
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
|
| On Behalf Of |
SACHSE CONSTRUCTION AND DEVELOPMENT CORPORATION
|
|
| Docket Date |
2017-12-18
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ APPELLANT'S RESPONSE IN OPPOSITION TO APPELLEE'S MOTION FOR AWARD OF APPELLATE ATTORNEYS' FEES
|
| On Behalf Of |
SACHSE CONSTRUCTION AND DEVELOPMENT CORPORATION
|
|
| Docket Date |
2017-11-30
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
|
| On Behalf Of |
AFFIRMED DRYWALL CORP.
|
|
| Docket Date |
2017-11-30
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee Answer Brief
|
| On Behalf Of |
AFFIRMED DRYWALL CORP.
|
|
| Docket Date |
2017-11-10
|
| Type |
Record
|
| Subtype |
Appendix to Initial Brief
|
| Description |
Appendix for Initial Brief
|
| On Behalf Of |
SACHSE CONSTRUCTION AND DEVELOPMENT CORPORATION
|
|
| Docket Date |
2017-11-10
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Appellant Brief on Merits
|
| On Behalf Of |
SACHSE CONSTRUCTION AND DEVELOPMENT CORPORATION
|
|
| Docket Date |
2017-10-26
|
| Type |
Order
|
| Subtype |
Nonfinal Appeals
|
| Description |
nonfinal appeal order for initial brief
|
|
| Docket Date |
2017-10-26
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid through Portal
|
| On Behalf Of |
SACHSE CONSTRUCTION AND DEVELOPMENT CORPORATION
|
|
| Docket Date |
2017-10-26
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter 1
|
|
| Docket Date |
2017-10-25
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
SACHSE CONSTRUCTION AND DEVELOPMENT CORPORATION
|
|
| Docket Date |
2017-10-25
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2018-07-18
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Miscellaneous Order ~ Appellant's motion for appellate attorney's fees is denied.Appellee Affirmed Drywall Corp.'s motion for appellate attorney's fees is denied.
|
|
|
|
MUNILLA CONSTRUCTION MANAGEMENT, LLC, et al., VS SOUTHEASTERN ENGINEERING CONTRACTORS, INC., et al.,
|
3D2017-2111
|
2017-09-25
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
3rd District Court of Appeal
|
| Originating Court |
Circuit Court for the Eleventh Judicial Circuit, Miami-Dade County
14-5230
|
Parties
| Name |
TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
MUNILLA CONSTRUCTION MANAGEMENT, LLC
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Vanessa A. Van Cleaf, Alejandro Espino
|
|
| Name |
SOUTHEASTERN ENGINEERING CONTRACTORS, INC.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
STEVEN K. JOHNSON, ROBERT L. FRYE, MIKE PISCITELLI, JOSEPH W. LAWRENCE, II
|
|
| Name |
HARTFORD FIRE INSURANCE COMPANY
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
HON. ERIC WM. HENDON
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Hon. Bertila Soto
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Miami-Dade Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2017-11-27
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Record on Appeal
|
| On Behalf Of |
Miami-Dade Clerk
|
|
| Docket Date |
2017-12-20
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ IB-30 days to 1/27/18
|
|
| Docket Date |
2017-12-19
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix
|
| On Behalf Of |
MUNILLA CONSTRUCTION MANAGEMENT, LLC
|
|
| Docket Date |
2017-12-19
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion to Supplement Record
|
| Description |
Motion to Supplement the Record
|
| On Behalf Of |
MUNILLA CONSTRUCTION MANAGEMENT, LLC
|
|
| Docket Date |
2017-12-19
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Notice of Agreed Extension of Time
|
| On Behalf Of |
MUNILLA CONSTRUCTION MANAGEMENT, LLC
|
|
| Docket Date |
2019-04-18
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2019-04-01
|
| Type |
Order
|
| Subtype |
Order on Motion for Reconsideration/Rehearing of an Order
|
| Description |
Rehearing denied (OD57) ~ Upon consideration, appellants’ motion for rehearing or clarification is hereby denied. SALTER, FERNANDEZ and LINDSEY, JJ., concur.
|
|
| Docket Date |
2019-04-01
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2019-03-14
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ RESPONSE IN OPPOSITOIN TO THE AA'S MOTION FOR REHEARING OR CLARIFICATION
|
| On Behalf Of |
SOUTHEASTERN ENGINEERING CONTRACTORS, INC.
|
|
| Docket Date |
2019-02-28
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion for Rehearing
|
| Description |
Motion For Rehearing ~ OR CLARIFICATION
|
| On Behalf Of |
MUNILLA CONSTRUCTION MANAGEMENT, LLC
|
|
| Docket Date |
2019-02-13
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed - Citation
|
|
| Docket Date |
2019-02-13
|
| Type |
Order
|
| Subtype |
Order on Motion For Attorney's Fees
|
| Description |
Attorney Fees Granted (OG47) ~ Upon consideration of appellee Southeastern Engineering Contractors, Inc.’s motion for award of appellate attorneys’ fees, it is ordered that said motion is granted and remanded to the trial court to fix amount. Appellants’ motion for appellate attorneys’ fees is hereby denied.
|
|
| Docket Date |
2018-12-10
|
| Type |
Misc. Events
|
| Subtype |
Oral Argument Date Set
|
| Description |
Oral Argument Date Set ~ 3DCA
|
|
| Docket Date |
2018-12-07
|
| Type |
Notice
|
| Subtype |
Notice of Oral Argument
|
| Description |
Notice of Oral Argument ~ REVISED (Time Change)
|
|
| Docket Date |
2018-10-02
|
| Type |
Notice
|
| Subtype |
Notice of Oral Argument
|
| Description |
Notice of Oral Argument
|
|
| Docket Date |
2018-09-18
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion/Request for Oral Argument
|
| Description |
Request for Oral Argument
|
| On Behalf Of |
MUNILLA CONSTRUCTION MANAGEMENT, LLC
|
|
| Docket Date |
2018-09-12
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant's Reply Brief
|
| On Behalf Of |
MUNILLA CONSTRUCTION MANAGEMENT, LLC
|
|
| Docket Date |
2018-09-12
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
|
| On Behalf Of |
MUNILLA CONSTRUCTION MANAGEMENT, LLC
|
|
| Docket Date |
2018-08-09
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Reply Brief
|
| Description |
Extension granted to file reply brief NFE (OG05A) ~ Appellants’ notice of agreed extension of time to file the reply brief is treated as a motion for an extension of time to file the reply brief, and the motion is granted to and including September 12, 2018, with no further extensions allowed.
|
|
| Docket Date |
2018-08-07
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Notice of Agreed Extension of Time
|
| On Behalf Of |
MUNILLA CONSTRUCTION MANAGEMENT, LLC
|
|
| Docket Date |
2018-07-10
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ RB-30 days to 8/12/18
|
|
| Docket Date |
2018-07-09
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Notice of Agreed Extension of Time
|
| On Behalf Of |
MUNILLA CONSTRUCTION MANAGEMENT, LLC
|
|
| Docket Date |
2018-07-05
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
|
| On Behalf Of |
SOUTHEASTERN ENGINEERING CONTRACTORS, INC.
|
|
| Docket Date |
2018-06-22
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief
|
| On Behalf Of |
SOUTHEASTERN ENGINEERING CONTRACTORS, INC.
|
|
| Docket Date |
2018-06-07
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Notice of Agreed Extension of Time
|
| On Behalf Of |
SOUTHEASTERN ENGINEERING CONTRACTORS, INC.
|
|
| Docket Date |
2018-06-07
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ AB-22 days to 7/2/18
|
|
| Docket Date |
2018-05-21
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ AB-21 days to 6/11/18
|
|
| Docket Date |
2018-05-18
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Notice of Agreed Extension of Time
|
| On Behalf Of |
SOUTHEASTERN ENGINEERING CONTRACTORS, INC.
|
|
| Docket Date |
2018-04-18
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ AB-30 days to 5/21/18
|
|
| Docket Date |
2018-04-17
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Notice of Agreed Extension of Time
|
| On Behalf Of |
SOUTHEASTERN ENGINEERING CONTRACTORS, INC.
|
|
| Docket Date |
2018-03-30
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
MUNILLA CONSTRUCTION MANAGEMENT, LLC
|
|
| Docket Date |
2018-02-22
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ IB-30 days to 3/30/18
|
|
| Docket Date |
2018-02-21
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Notice of Agreed Extension of Time
|
| On Behalf Of |
MUNILLA CONSTRUCTION MANAGEMENT, LLC
|
|
| Docket Date |
2018-02-05
|
| Type |
Order
|
| Subtype |
Order on Motion to Supplement Record
|
| Description |
Mot to Supplement Rec w/attachment Granted (OG13) ~ Appellee’s February 1, 2018 motion to supplement the record is granted, and the record on appeal is supplemented to include the documents which are filed in the appendix to said motion.
|
|
| Docket Date |
2018-02-01
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion to Supplement Record
|
| Description |
Motion to Supplement the Record
|
| On Behalf Of |
SOUTHEASTERN ENGINEERING CONTRACTORS, INC.
|
|
| Docket Date |
2018-02-01
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix
|
| On Behalf Of |
SOUTHEASTERN ENGINEERING CONTRACTORS, INC.
|
|
| Docket Date |
2018-01-29
|
| Type |
Order
|
| Subtype |
Order on Motion to Supplement Record
|
| Description |
Mot to Supplement Rec w/attachment Granted (OG13) ~ Appellants’ December 19, 2017 motion to supplement the record is granted, and the record on appeal is supplemented to include the transcript filed in the appendix to said motion.
|
|
| Docket Date |
2018-01-26
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Notice of Agreed Extension of Time
|
| On Behalf Of |
MUNILLA CONSTRUCTION MANAGEMENT, LLC
|
|
| Docket Date |
2017-11-14
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Notice of Agreed Extension of Time
|
| On Behalf Of |
MUNILLA CONSTRUCTION MANAGEMENT, LLC
|
|
| Docket Date |
2017-11-14
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ IB-30 days to 12/28/17
|
|
| Docket Date |
2017-09-25
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter ~ Acknowledgment of new case with attachments. ** The $300 filing fee for an appeal is due.
|
|
| Docket Date |
2017-09-25
|
| Type |
Notice
|
| Subtype |
Notice of Appeal Transmittal Form
|
| Description |
Notice of Transmittal--NOA
|
| On Behalf Of |
MUNILLA CONSTRUCTION MANAGEMENT, LLC
|
|
| Docket Date |
2017-09-25
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
|
|
CONDOTTE/DE MOYA JV, LLC, et al., VS P & S PAVING, INC., etc.,
|
3D2017-1310
|
2017-06-08
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
3rd District Court of Appeal
|
| Originating Court |
Circuit Court for the Eleventh Judicial Circuit, Miami-Dade County
16-6363
Circuit Court for the Eleventh Judicial Circuit, Miami-Dade County
15-7781
|
Parties
| Name |
TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
CONDOTTE/DE MOYA JV, LLC
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
W. ROBERT VEZINA, III, JOSEPH W. LAWRENCE, II, EDUARDO S. LOMBARD, MEGAN S. REYNOLDS
|
|
| Name |
P & S PAVING, INC.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
JARETT A. DE PAULA, DAVID A. VUKELJA
|
|
| Name |
Hon. William Thomas
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Miami-Dade Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2018-12-21
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2018-12-05
|
| Type |
Order
|
| Subtype |
Order on Motion For Attorney's Fees
|
| Description |
Attorney Fees Granted (OG47) ~ Upon consideration of appellee’s motion for appellate attorneys’ fees, it is ordered that said motion is granted and remanded to the trial court to fix amount. Appellants’ motion for appellate attorneys’ fees is hereby denied.
|
|
| Docket Date |
2018-12-05
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed - Authored Opinion
|
|
| Docket Date |
2018-06-13
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant's Reply Brief
|
| On Behalf Of |
CONDOTTE/DE MOYA JV, LLC
|
|
| Docket Date |
2018-06-13
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
|
| On Behalf Of |
CONDOTTE/DE MOYA JV, LLC
|
|
| Docket Date |
2018-06-01
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ RB-7 days to 6/13/18
|
|
| Docket Date |
2018-05-31
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Notice of Agreed Extension of Time
|
| On Behalf Of |
CONDOTTE/DE MOYA JV, LLC
|
|
| Docket Date |
2018-05-25
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ RB-7 days to 6/6/18
|
|
| Docket Date |
2018-05-24
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Notice of Agreed Extension of Time
|
| On Behalf Of |
CONDOTTE/DE MOYA JV, LLC
|
|
| Docket Date |
2018-05-07
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ RB-14 days to 5/30/18
|
|
| Docket Date |
2018-05-07
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Notice of Agreed Extension of Time
|
| On Behalf Of |
CONDOTTE/DE MOYA JV, LLC
|
|
| Docket Date |
2018-04-26
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
|
| On Behalf Of |
P & S PAVING, INC.
|
|
| Docket Date |
2018-04-26
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief
|
| On Behalf Of |
P & S PAVING, INC.
|
|
| Docket Date |
2018-04-20
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Notice of Agreed Extension of Time
|
| On Behalf Of |
P & S PAVING, INC.
|
|
| Docket Date |
2018-04-20
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ AB-3 days to 4/26/18
|
|
| Docket Date |
2018-04-13
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ AB-7 days to 4/23/18
|
|
| Docket Date |
2018-04-13
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Notice of Agreed Extension of Time
|
| On Behalf Of |
P & S PAVING, INC.
|
|
| Docket Date |
2018-04-04
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ AB-10 days to 4/16/18
|
|
| Docket Date |
2018-04-03
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Notice of Agreed Extension of Time
|
| On Behalf Of |
P & S PAVING, INC.
|
|
| Docket Date |
2018-03-19
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Notice of Agreed Extension of Time
|
| On Behalf Of |
P & S PAVING, INC.
|
|
| Docket Date |
2018-03-19
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ AB-14 days to 4/5/18
|
|
| Docket Date |
2018-01-31
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ AB-45 days to 3/22/18
|
|
| Docket Date |
2018-01-31
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Notice of Agreed Extension of Time
|
| On Behalf Of |
P & S PAVING, INC.
|
|
| Docket Date |
2018-01-15
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
CONDOTTE/DE MOYA JV, LLC
|
|
| Docket Date |
2017-12-18
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
Ext-gr initial brief no further extensions (OG03B) ~ Appellants’ motion for an extension of time to file the initial brief is granted to and including January 15, 2018, with no further extensions allowed. If said brief is not timely filed in accordance with this order, the appeal will be subject to dismissal.
|
|
| Docket Date |
2017-12-12
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ to motion for eot
|
| On Behalf Of |
P & S PAVING, INC.
|
|
| Docket Date |
2017-12-08
|
| 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 |
CONDOTTE/DE MOYA JV, LLC
|
|
| Docket Date |
2017-11-17
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Record on Appeal
|
|
| Docket Date |
2017-10-31
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ IB-30 days to 12/15/17
|
|
| Docket Date |
2017-10-31
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Notice of Agreed Extension of Time
|
| On Behalf Of |
CONDOTTE/DE MOYA JV, LLC
|
|
| Docket Date |
2017-10-13
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
Miscellaneous Motion Granted (OG999) ~ Appellants’ second motion to correct the record on appeal is granted, and the clerk of the circuit court is directed to correct the record on appeal to include all exhibits as stated in the motion.
|
|
| Docket Date |
2017-10-10
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion to Amend/Correct Record
|
| Description |
Motion To Correct the Record
|
| On Behalf Of |
CONDOTTE/DE MOYA JV, LLC
|
|
| Docket Date |
2017-10-03
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ IB-30 days to 11/15/17
|
|
| Docket Date |
2017-10-03
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Notice of Agreed Extension of Time
|
| On Behalf Of |
CONDOTTE/DE MOYA JV, LLC
|
|
| Docket Date |
2017-09-26
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Record on Appeal ~ Supplement
|
|
| Docket Date |
2017-09-22
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
Miscellaneous Motion Granted (OG999) ~ Appellants’ amended motion to correct the record is granted, and the clerk of the circuit court is directed to correct the record on appeal as stated in the motion.
|
|
| Docket Date |
2017-09-19
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion to Amend/Correct Record
|
| Description |
Motion To Correct the Record
|
| On Behalf Of |
CONDOTTE/DE MOYA JV, LLC
|
|
| Docket Date |
2017-08-11
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Record on Appeal
|
|
| Docket Date |
2017-08-02
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ IB-60 days to 10/16/17.
|
|
| Docket Date |
2017-08-01
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Notice of Agreed Extension of Time
|
| On Behalf Of |
CONDOTTE/DE MOYA JV, LLC
|
|
| Docket Date |
2017-06-09
|
| Type |
Notice
|
| Subtype |
Notice of Appeal Transmittal Form
|
| Description |
Notice of Transmittal--NOA
|
| On Behalf Of |
CONDOTTE/DE MOYA JV, LLC
|
|
| Docket Date |
2017-06-08
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
| Docket Date |
2017-06-08
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter ~ Acknowledgment of new case with attachments.
|
|
| Docket Date |
2017-06-08
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed ~ NOT CERTIFIED.
|
| On Behalf Of |
CONDOTTE/DE MOYA JV, LLC
|
|
|
|
WESTRA CONSTRUCTION CORP., ET AL VS GATOR BORING AND TRENCHING, INC., ET AL
|
2D2017-1822
|
2017-05-04
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
2nd District Court of Appeal
|
| Originating Court |
Circuit Court for the Twelfth Judicial Circuit, Sarasota County
2014-CA-4328
|
Parties
| Name |
TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
WESTRA CONSTRUCTION CORP.
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
GEORGE E. SPOFFORD, I V, ESQ., WILLIAM F. MC FETRIDGE, I V, ESQ., JACK R. REITER, ESQ.
|
|
| Name |
TAMPA ELECTRIC COMPANY
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
GATOR BORING AND TRENCHING, INC.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
CECILY M. PARKER, ESQ., CHARLES C. LANE, ESQ., Robert A. Emmanuel, Esq., CHARLES P. YOUNG, ESQ.
|
|
| Name |
HON. DIANA L. MORELAND
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
SARASOTA CLERK
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2019-04-23
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2019-03-13
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Miscellaneous Order ~ Appellants' and Appellee's motions for appellate attorney's fees, both filed pursuant to section 713.29, Florida Statutes (2016), are conditionally granted as to Appellee's lien foreclosure claim. The trial court shall determine which parties, if any, are prevailing parties in that claim. See Trytek v. Gale Indus., Inc., 3 So. 3d 1194 (Fla. 2009). The trial court shall award a reasonable sum as fees to the prevailing parties and set the amount of fees to be awarded.
|
|
| Docket Date |
2019-03-13
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed - Per Curiam Affirmed
|
|
| Docket Date |
2019-03-05
|
| Type |
Misc. Events
|
| Subtype |
Oral Argument Date Set
|
| Description |
Oral Argument Date Set ~ Tampa
|
|
| Docket Date |
2019-01-04
|
| Type |
Order
|
| Subtype |
Order on Motion/Request for Oral Argument
|
| Description |
Oral Argument Notice ~ This case is provisionally set for oral argument on TUESDAY, MARCH 05, 2019, at 11:00 A.M., before: Judge Nelly N. Khouzam, Judge Robert J. Morris, Jr., Judge Anthony K. Black. Oral argument will occur at the Second District Court of Appeal, Tampa Branch Headquarters, in the courtroom of the Stetson University College Of Law, Tampa Campus, First Floor, 1700 North Tampa Street, Tampa, Florida. The court calendars can be viewed on this court’s website at www.2dca.org. Counsel or parties are requested to make their presence known to the receptionist by fifteen minutes prior to the time listed above.The panel is subject to change without notice. Should the assigned panel of judges decide that the court will not benefit from oral argument in this proceeding, the attorneys or parties will be notified by order no less than two weeks before the scheduled date.Please review the notice regarding oral argument in the Second District Court of Appeal. A copy has been furnished with this order and may also be found on this court’s website.
|
|
| Docket Date |
2018-10-09
|
| Type |
Order
|
| Subtype |
Order on Motion For Continuation of Oral Argument
|
| Description |
ORD-GRANTING CONTINUANCE OF OA ~ Appellants’ motion filed October 9, 2018, for continuance of oral argument is granted. Oral argument scheduled for October 24, 2018, is canceled and will be rescheduled for a later date.
|
|
| Docket Date |
2018-10-09
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion For Continuation of Oral Argument
|
| Description |
Motion For Continuation of Oral Argument ~ AGREED MOTION TO RESCHEDULE ORAL ARGUMENT
|
| On Behalf Of |
WESTRA CONSTRUCTION CORP.
|
|
| Docket Date |
2018-08-24
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
GATOR BORING AND TRENCHING, INC.
|
|
| Docket Date |
2018-08-03
|
| Type |
Order
|
| Subtype |
Order on Motion/Request for Oral Argument
|
| Description |
Oral Argument Notice ~ This case is provisionally set for oral argument on WEDNESDAY, OCTOBER 24, 2018, at 9:30 A.M., before: Judge Nelly N. Khouzam, Judge Daniel H. Sleet, Judge Matthew C. Lucas. Oral argument will occur at the Second District Court of Appeal, Tampa Branch Headquarters, in the courtroom of the Stetson University College Of Law, Tampa Campus, First Floor, 1700 North Tampa Street, Tampa, Florida. The court calendars can be viewed on this court’s website at www.2dca.org. Counsel or parties are requested to make their presence known to the receptionist by fifteen minutes prior to the time listed above.The panel is subject to change without notice. Should the assigned panel of judges decide that the court will not benefit from oral argument in this proceeding, the attorneys or parties will be notified by order no less than two weeks before the scheduled date.Please review the notice regarding oral argument in the Second District Court of Appeal. A copy has been furnished with this order and may also be found on this court’s website.
|
|
| Docket Date |
2018-06-14
|
| Type |
Brief
|
| Subtype |
Cross-Reply Brief
|
| Description |
Appellee/Cross-Appellant Reply Brief
|
| On Behalf Of |
GATOR BORING AND TRENCHING, INC.
|
|
| Docket Date |
2018-05-31
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ APPELLEE'S RESPONSE TO APPELLANT'S MOTION FOR APPELLATE ATTORNEY'S FEES
|
| On Behalf Of |
GATOR BORING AND TRENCHING, INC.
|
|
| Docket Date |
2018-05-21
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion/Request for Oral Argument
|
| Description |
Request for Oral Argument
|
| On Behalf Of |
WESTRA CONSTRUCTION CORP.
|
|
| Docket Date |
2018-05-21
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ APPELLANTS' RESPONSE TO APPELLEE'S MOTION FOR APPELLATE ATTORNEYS' FEES
|
| On Behalf Of |
WESTRA CONSTRUCTION CORP.
|
|
| Docket Date |
2018-05-21
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
|
| On Behalf Of |
WESTRA CONSTRUCTION CORP.
|
|
| Docket Date |
2018-05-21
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant Reply Brief ~ REPLY AND CROSS-ANSWER BRIEF OF APPELLANTS,WESTRA CONSTRUCTION CORPORATION AND TRAVELERSCASUALTY AND SURETY COMPANY OF AMERICA
|
| On Behalf Of |
WESTRA CONSTRUCTION CORP.
|
|
| Docket Date |
2018-04-27
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to File Response
|
| Description |
GR. EOT FILE RES. NO MORE EOT ~ Appellants' unopposed motion for extension of time to file a response to the appellees' motion for appellate attorney's fees is granted, and the response shall be filed with the reply/cross-answer brief.
|
|
| Docket Date |
2018-04-20
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to File Response
|
| Description |
Motion Extension of time To File Response ~ APPELLANTS' UNOPPOSED MOTION FOR EXTENSION OF TIME TO RESPONDTO APPELLEES' MOTION FOR APPELLATE ATTORNEY'S FEES
|
| On Behalf Of |
WESTRA CONSTRUCTION CORP.
|
|
| Docket Date |
2018-04-20
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Stipulation for Extension of Time ~ 30 Reply/Cross-AB due 05/21/18
|
| On Behalf Of |
WESTRA CONSTRUCTION CORP.
|
|
| Docket Date |
2018-03-21
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Grant EOT (general)-74c ~ Appellants’ motion for an extension of time is granted, and Appellants may serve a response to Appellees’ motion for appellate attorney's fees by April 20, 2018.
|
|
| Docket Date |
2018-03-19
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to File Response
|
| Description |
Motion for Extension of Time to File Response ~ APPELLANTS' UNOPPOSED MOTION FOR EXTENSION OF TIME TO RESPONDTO APPELLEES' MOTION FOR APPELLATE ATTORNEY'S FEES
|
| On Behalf Of |
WESTRA CONSTRUCTION CORP.
|
|
| Docket Date |
2018-03-19
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Stipulation for Extension of Time ~ 30 Reply/Cross-AB due 04/20/18
|
| On Behalf Of |
WESTRA CONSTRUCTION CORP.
|
|
| Docket Date |
2018-03-05
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
|
| On Behalf Of |
GATOR BORING AND TRENCHING, INC.
|
|
| Docket Date |
2018-03-01
|
| Type |
Order
|
| Subtype |
Order on Motion For Leave To File Amended Brief
|
| Description |
Grant Motion File Amended Brief-12c ~ Appellee's motion for leave to file an amended brief is granted. The answer/cross-initial brief filed on February 27, 2018, is stricken. The amended answer/cross-initial brief attached to Appellee's motion for leave to amend will be docketed as the amended answer/cross-initial brief and is accepted as filed. Appellant shall serve the reply/cross-answer brief within 20 days of the date of this order.
|
|
| Docket Date |
2018-02-28
|
| Type |
Motions Relating to Briefs
|
| Subtype |
Motion to Amend Brief
|
| Description |
Motion For Leave To File Amended Brief ~ MOTION TO AMEND GATOR BORING & TRENCHING INC.'S ANSWER/CROSSAPPEAL BRIEF
|
| On Behalf Of |
GATOR BORING AND TRENCHING, INC.
|
|
| Docket Date |
2018-02-28
|
| Type |
Brief
|
| Subtype |
Amended Answer Brief
|
| Description |
Amended Appellee Answer Brief ~ AMENDED ANSWER AND CROSS-APPEAL BRIEF OF APPELLEE
|
| On Behalf Of |
GATOR BORING AND TRENCHING, INC.
|
|
| Docket Date |
2018-02-27
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee Answer Brief ~ ANSWER AND CROSS-APPEAL BRIEF OF APPELLEE
|
| On Behalf Of |
GATOR BORING AND TRENCHING, INC.
|
|
| Docket Date |
2018-02-09
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Stipulation for Extension of Time ~ 30- AB/CROSS IB DUE 02/27/18
|
| On Behalf Of |
GATOR BORING AND TRENCHING, INC.
|
|
| Docket Date |
2018-01-05
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
GATOR BORING AND TRENCHING, INC.
|
|
| Docket Date |
2018-01-04
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Stipulation for Extension of Time ~ 30- AB/CROSS IB DUE 02/12/18
|
| On Behalf Of |
GATOR BORING AND TRENCHING, INC.
|
|
| Docket Date |
2017-12-01
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Stipulation for Extension of Time ~ 34- AB/CROSS IB DUE 01/12/18
|
| On Behalf Of |
GATOR BORING AND TRENCHING, INC.
|
|
| Docket Date |
2017-11-22
|
| Type |
Record
|
| Subtype |
Supplemental Record
|
| Description |
Supplemental Records ~ 4TH SUPPLEMENTAL - 477 PAGES
|
|
| Docket Date |
2017-11-14
|
| Type |
Order
|
| Subtype |
Order on Motion to Supplement Record
|
| Description |
ORDER GRANTING MOTION TO SUPPLEMENT THE RECORD ~ Appellants' motion to supplement the record is granted, and appellants shall make arrangements within three days with the clerk of the circuit court for the supplementation of the record with the items mentioned in the motion, with the supplemental record to be filed in this court within twenty-five days from the date of this order.
|
|
| Docket Date |
2017-11-14
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion/Request for Oral Argument
|
| Description |
Request for Oral Argument
|
| On Behalf Of |
WESTRA CONSTRUCTION CORP.
|
|
| Docket Date |
2017-11-13
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Appellant Brief on Merits
|
| On Behalf Of |
WESTRA CONSTRUCTION CORP.
|
|
| Docket Date |
2017-11-10
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion to Supplement Record
|
| Description |
Motion Supplem/Record with/Attached
|
| On Behalf Of |
WESTRA CONSTRUCTION CORP.
|
|
| Docket Date |
2017-10-11
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
ORDER GRANTING EOT FOR INITIAL BRIEF ~ Appellants' motion for extension of time is granted, and the initial brief shall be served by November 10, 2017.
|
|
| Docket Date |
2017-10-10
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Initial Brief
|
| Description |
Mot. for Extension of time to file Initial Brief
|
| On Behalf Of |
WESTRA CONSTRUCTION CORP.
|
|
| Docket Date |
2017-09-06
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Stipulation for Extension of Time ~ 30- IB DUE 10/11/17
|
| On Behalf Of |
WESTRA CONSTRUCTION CORP.
|
|
| Docket Date |
2017-08-28
|
| Type |
Order
|
| Subtype |
Order Vacating/Withdrawing Order
|
| Description |
ORDER VACATED ~ This courts August 25, 2017, order is hereby vacated.
|
|
| Docket Date |
2017-08-25
|
| Type |
Order
|
| Subtype |
Order to File Status Report
|
| Description |
status report within * days ~ ***VACATED***(see 08/28/17 ord)The supplemental record is overdue. Within 10 days, Appellee shall file a status report on the preparation of the supplemental record.
|
|
| Docket Date |
2017-08-04
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Stipulation for Extension of Time ~ 30- IB DUE 09/11/17
|
| On Behalf Of |
WESTRA CONSTRUCTION CORP.
|
|
| Docket Date |
2017-07-14
|
| Type |
Order
|
| Subtype |
Order on Motion to Supplement Record
|
| Description |
grant supp; directions filed ~ Appellee Gator Boring & Trenching, Inc.'s motion to supplement the record is granted. Supplemental directions having already been filed, the clerk of the trial court is directed to supplement the record within thirty days.
|
|
| Docket Date |
2017-07-13
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion to Supplement Record
|
| Description |
Motion to Supplement
|
| On Behalf Of |
GATOR BORING AND TRENCHING, INC.
|
|
| Docket Date |
2017-07-11
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Stipulation for Extension of Time ~ 30 - IB DUE 08/11/17
|
| On Behalf Of |
WESTRA CONSTRUCTION CORP.
|
|
| Docket Date |
2017-06-22
|
| Type |
Order
|
| Subtype |
Order on Motion to Consolidate
|
| Description |
Grant Motion to Consolidation Record Only-75b ~ Appellant's unopposed motion to utilize record from case 2D17-0902 is treated as a motion to consolidate for record purposes and granted. The record on appeal docketed in case 2D17-0902 shall serve as the record in the present appeal.
|
|
| Docket Date |
2017-06-12
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
Motion To Utilize Record ~ **Treated as a motion to consolidate for record purposes**(see 06/22/17 ord) APPELLANTS' UNOPPOSED MOTION TO UTILIZE AND CITE TO THE RECORD FROM SEPARATE APPEAL ARISING OUT OF RELATED CASE
|
| On Behalf Of |
WESTRA CONSTRUCTION CORP.
|
|
| Docket Date |
2017-05-05
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter 1
|
|
| Docket Date |
2017-05-05
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
$295 fee
|
|
| Docket Date |
2017-05-04
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
WESTRA CONSTRUCTION CORP.
|
|
| Docket Date |
2017-05-04
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
|
|
GATOR BORING & TRENCHING, INC. VS WESTRA CONSTRUCTION CORPORATION, ET AL.,
|
2D2017-0902
|
2017-02-22
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
2nd District Court of Appeal
|
| Originating Court |
Circuit Court for the Twelfth Judicial Circuit, Sarasota County
2014-CA-4328-NC
|
Parties
| Name |
GATOR BORING & TRENCHING, INC.
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
CECILY M. PARKER, ESQ., Robert A. Emmanuel, Esq., CHARLES P. YOUNG, ESQ.
|
|
| Name |
TAMPA ELECTRIC COMPANY
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
WESTRA CONSTRUCTION CORPORATION
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
GEORGE E. SPOFFORD, I V, ESQ., CHARLES C. LANE, ESQ., WILLIAM F. MC FETRIDGE, I V, ESQ., JACK R. REITER, ESQ.
|
|
| Name |
HON. DIANA L. MORELAND
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
SARASOTA CLERK
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2019-04-23
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2019-03-13
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed - Per Curiam Affirmed
|
|
| Docket Date |
2019-03-05
|
| Type |
Misc. Events
|
| Subtype |
Oral Argument Date Set
|
| Description |
Oral Argument Date Set ~ Tampa
|
|
| Docket Date |
2019-01-04
|
| Type |
Order
|
| Subtype |
Order on Motion/Request for Oral Argument
|
| Description |
Oral Argument Notice ~ This case is provisionally set for oral argument on TUESDAY, MARCH 05, 2019, at 11:00 A.M., before: Judge Nelly N. Khouzam, Judge Robert J. Morris, Jr., Judge Anthony K. Black. Oral argument will occur at the Second District Court of Appeal, Tampa Branch Headquarters, in the courtroom of the Stetson University College Of Law, Tampa Campus, First Floor, 1700 North Tampa Street, Tampa, Florida. The court calendars can be viewed on this court’s website at www.2dca.org. Counsel or parties are requested to make their presence known to the receptionist by fifteen minutes prior to the time listed above.The panel is subject to change without notice. Should the assigned panel of judges decide that the court will not benefit from oral argument in this proceeding, the attorneys or parties will be notified by order no less than two weeks before the scheduled date.Please review the notice regarding oral argument in the Second District Court of Appeal. A copy has been furnished with this order and may also be found on this court’s website.
|
|
| Docket Date |
2018-10-09
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion For Continuation of Oral Argument
|
| Description |
Motion For Continuation of Oral Argument ~ AGREED MOTION TO RESCHEDULE ORAL ARGUMENT
|
| On Behalf Of |
WESTRA CONSTRUCTION CORPORATION
|
|
| Docket Date |
2018-10-09
|
| Type |
Order
|
| Subtype |
Order on Motion For Continuation of Oral Argument
|
| Description |
ORD-GRANTING CONTINUANCE OF OA ~ Appellees’ motion filed October 9, 2018, for continuance of oral argument is granted. Oral argument scheduled for October 24, 2018, is canceled and will be rescheduled for a later date.
|
|
| Docket Date |
2018-08-24
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
GATOR BORING & TRENCHING, INC.
|
|
| Docket Date |
2018-08-03
|
| Type |
Order
|
| Subtype |
Order on Motion/Request for Oral Argument
|
| Description |
Oral Argument Notice ~ This case is provisionally set for oral argument on WEDNESDAY, OCTOBER 24, 2018, at 9:30 A.M., before: Judge Nelly N. Khouzam, Judge Daniel H. Sleet, Judge Matthew C. Lucas. Oral argument will occur at the Second District Court of Appeal, Tampa Branch Headquarters, in the courtroom of the Stetson University College Of Law, Tampa Campus, First Floor, 1700 North Tampa Street, Tampa, Florida. The court calendars can be viewed on this court’s website at www.2dca.org. Counsel or parties are requested to make their presence known to the receptionist by fifteen minutes prior to the time listed above.The panel is subject to change without notice. Should the assigned panel of judges decide that the court will not benefit from oral argument in this proceeding, the attorneys or parties will be notified by order no less than two weeks before the scheduled date.Please review the notice regarding oral argument in the Second District Court of Appeal. A copy has been furnished with this order and may also be found on this court’s website.
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|
| Docket Date |
2017-12-04
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion/Request for Oral Argument
|
| Description |
Request for Oral Argument
|
| On Behalf Of |
WESTRA CONSTRUCTION CORPORATION
|
|
| Docket Date |
2017-11-28
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant Reply Brief
|
| On Behalf Of |
GATOR BORING & TRENCHING, INC.
|
|
| Docket Date |
2017-11-22
|
| Type |
Record
|
| Subtype |
Supplemental Record
|
| Description |
Supplemental Records ~ 4TH SUPPLEMENTAL - 477 PAGES
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|
| Docket Date |
2017-11-09
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Stipulation for Extension of Time ~ 14- RB DUE 11/28/17
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| On Behalf Of |
GATOR BORING & TRENCHING, INC.
|
|
| Docket Date |
2017-10-25
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee Answer Brief
|
| On Behalf Of |
WESTRA CONSTRUCTION CORPORATION
|
|
| Docket Date |
2017-09-19
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Stipulation for Extension of Time ~ 30- AB DUE 10/25/17
|
| On Behalf Of |
WESTRA CONSTRUCTION CORPORATION
|
|
| Docket Date |
2017-08-18
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Stipulation for Extension of Time ~ 30- AB DUE 09/25/17
|
| On Behalf Of |
WESTRA CONSTRUCTION CORPORATION
|
|
| Docket Date |
2017-07-31
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Appellant Brief on Merits
|
| On Behalf Of |
GATOR BORING & TRENCHING, INC.
|
|
| Docket Date |
2017-07-31
|
| Type |
Record
|
| Subtype |
Appendix to Initial Brief
|
| Description |
Appendix for Initial Brief
|
| On Behalf Of |
GATOR BORING & TRENCHING, INC.
|
|
| Docket Date |
2017-07-24
|
| Type |
Record
|
| Subtype |
Supplemental Record
|
| Description |
Supplemental Records ~ 3RD SUPPLEMENTAL - 11 PAGES
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|
| Docket Date |
2017-07-13
|
| Type |
Order
|
| Subtype |
Order on Motion To Withdraw as Counsel
|
| Description |
ORD-WITHDRAW AS COUNSEL ~ The notice of withdrawal is treated as a motion to withdraw and granted. Attorney Valeen Arena is relieved of further appellate responsibilities. Attorneys George E. Spofford, IV, Esq., Jack R. Reiter, Esq., and William F. McFetridge, IV, Esq. of GrayRobinson, P.A., remain counsel of record for the Appellees.
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|
| Docket Date |
2017-07-10
|
| Type |
Record
|
| Subtype |
Exhibits
|
| Description |
Received Exhibits ~ NON IMAGE EVIDENCE - 741 PAGES
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|
| Docket Date |
2017-07-05
|
| Type |
Motions Relating to Parties and Counsel
|
| Subtype |
Motion To Withdraw as Counsel
|
| Description |
Motion To Withdraw as Counsel
|
| On Behalf Of |
WESTRA CONSTRUCTION CORPORATION
|
|
| Docket Date |
2017-06-29
|
| Type |
Record
|
| Subtype |
Supplemental Record
|
| Description |
Supplemental Records ~ 685 PAGES
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|
| Docket Date |
2017-06-22
|
| Type |
Order
|
| Subtype |
Order on Motion to Consolidate
|
| Description |
Grant Motion to Consolidation Record Only-75b ~ Appellant's unopposed motion to utilize record from case 2D17-0902 is treated as a motion to consolidate for record purposes and granted. The record on appeal docketed in case 2D17-0902 shall serve as the record in the present appeal.
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|
| Docket Date |
2017-06-19
|
| Type |
Record
|
| Subtype |
Appendix to Motion
|
| Description |
ALL OTHER MOTIONS APPENDIX/ATTACHMENT ~ APPENDIX TO MOTION FOR ORDER TO CORRECT OR SUPPLEMENT RECORD ON APPEAL
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| On Behalf Of |
GATOR BORING & TRENCHING, INC.
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|
| Docket Date |
2017-06-21
|
| 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 |
GATOR BORING & TRENCHING, INC.
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|
| Docket Date |
2017-06-19
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion to Amend/Correct Record
|
| Description |
Motion To Correct the Record
|
| On Behalf Of |
GATOR BORING & TRENCHING, INC.
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|
| Docket Date |
2017-06-08
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ MORELAND - 2596 PAGES
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|
| Docket Date |
2017-05-24
|
| Type |
Order
|
| Subtype |
Order on Motion For Clarification
|
| Description |
Grant Clarification-77 ~ The appellant's motion for clarification is granted. The time for service of the initial brief is June 30, 2017.
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|
| Docket Date |
2017-05-23
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion For Clarification
|
| Description |
Motion For Clarification ~ MOTION FOR CLARIFICATION OF BRIEFING SCHEDULE
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| On Behalf Of |
GATOR BORING & TRENCHING, INC.
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|
| Docket Date |
2017-05-23
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
GATOR BORING & TRENCHING, INC.
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|
| Docket Date |
2017-04-25
|
| Type |
Notice
|
| Subtype |
Notice of Filing
|
| Description |
Notice of Filing ~ NOTICE OF FILING IN THE LOWER TRIBUNAL, PLAINTIFF'S NOTICE OF REQUEST FOR CORRECTING OR SUPPLEMENTING RECORD PURSUANT TO 9.200 (f)
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| On Behalf Of |
GATOR BORING & TRENCHING, INC.
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|
| Docket Date |
2017-04-24
|
| Type |
Order
|
| Subtype |
Order Discharging Show Cause Order
|
| Description |
ORD-DISCHARGING SHOW CAUSE ~ This court's March 7, 2017 order to show cause is discharged.
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|
| Docket Date |
2017-04-21
|
| Type |
Notice
|
| Subtype |
Amended Notice of Appeal
|
| Description |
Amended Notice of Appeal
|
| On Behalf Of |
GATOR BORING & TRENCHING, INC.
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|
| Docket Date |
2017-04-13
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice ~ Notification of Non-Payment for Appellate Record
|
| On Behalf Of |
SARASOTA CLERK
|
|
| Docket Date |
2017-03-24
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ GATOR BORING & TRENCHING, INC.'S RESPONSE TO THIS COURT'S ORDER DATED MARCH 7, 2017
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| On Behalf Of |
GATOR BORING & TRENCHING, INC.
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|
| Docket Date |
2017-03-07
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter 1
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|
| Docket Date |
2017-03-07
|
| Type |
Order
|
| Subtype |
Show Cause Jurisdiction
|
| Description |
OSC/Better Gov't Ass'n [summary judgment) ~ ***DISCHARGED***(see 04/24/17 ord)
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|
| Docket Date |
2017-02-22
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
GATOR BORING & TRENCHING, INC.
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|
| Docket Date |
2017-02-22
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
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|
|
|
TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, etc., VS 900 BISCAYNE, LLC, etc.,
|
3D2016-1026
|
2016-05-03
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
3rd District Court of Appeal
|
| Originating Court |
Circuit Court for the Eleventh Judicial Circuit, Miami-Dade County
14-2586
|
Parties
| Name |
TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
GURLEY VITALE, Elizabeth K. Russo
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|
| Name |
900 BISCAYNE, LLC
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
CHRISTOPHER L. BARNETT, VINCENT F. VACCARELLA
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|
| Name |
Hon. Jennifer D. Bailey
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Miami-Dade Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2016-06-21
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
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|
| Docket Date |
2016-06-21
|
| Type |
Mandate
|
| Subtype |
Disp. w/o Mandate
|
| Description |
Disp w/o mandate
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|
| Docket Date |
2016-06-01
|
| Type |
Disposition by Opinion
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Judge
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|
| Docket Date |
2016-06-01
|
| Type |
Motions Other
|
| Subtype |
Motion To Dismiss
|
| Description |
Motion to Dismiss Granted (OG32) ~ Upon consideration, appellant¿s motion for determination of jurisdiction and the response thereto is hereby denied.ORDERED that appellee¿s motion to dismiss appeal for lack of jurisdiction is granted, and this appeal from the Eleventh Circuit Court for Miami-Dade County, Florida is hereby dismissed. SHEPHERD, ROTHENBERG and LOGUE, JJ., concur.
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|
| Docket Date |
2016-05-26
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ to motion to dismiss
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| On Behalf Of |
TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA
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|
| Docket Date |
2016-05-16
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix ~ to the response
|
| On Behalf Of |
900 BISCAYNE, LLC
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|
| Docket Date |
2016-05-16
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ to aa's motion for determination of jurisdiction and motion to dismiss appeal for lack of jurisdiction
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| On Behalf Of |
900 BISCAYNE, LLC
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|
| Docket Date |
2016-05-04
|
| Type |
Order
|
| Subtype |
Order to File Response
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| Description |
Order Response: Motion (OR23) ~ Appellee is ordered to file a response within ten (10) days of the date of this order to the appellant¿s motion for determination of jurisdiction.
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|
| Docket Date |
2016-05-03
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA
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|
| Docket Date |
2016-05-03
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
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|
| Docket Date |
2016-05-03
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter ~ Acknowledgment of new case with attachments.
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|
| Docket Date |
2016-05-03
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
Miscellaneous Motion ~ motion for determination of jurisdiction
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| On Behalf Of |
TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA
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|
|
|
GATOR BORING & TRENCHING, INC. VS WESTRA CONSTRUCTION CORP., ET AL
|
2D2016-1264
|
2016-03-28
|
Closed
|
|
| Classification |
Original Proceedings - Circuit Civil - Certiorari
|
| Court |
2nd District Court of Appeal
|
| Originating Court |
Circuit Court for the Twelfth Judicial Circuit, Sarasota County
2014 CA 004328
|
Parties
| Name |
GATOR BORING & TRENCHING, INC.
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
CHARLES P. YOUNG, ESQ.
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|
| Name |
WESTRA CONSTRUCTION CORP.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
GEORGE E. SPOFFORD, I V, ESQ., VALEEN ARENA, ESQ., WILLIAM F. MC FETRIDGE, I V, ESQ., CHARLES C. LANE, ESQ.
|
|
| Name |
TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
TAMPA ELECTRIC COMPANY
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
HON. DIANA LEE MORELAND
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
SARASOTA CLERK
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2017-03-22
|
| Type |
Misc. Events
|
| Subtype |
Case Closed
|
| Description |
Case Closed
|
|
| Docket Date |
2017-03-01
|
| Type |
Disposition
|
| Subtype |
Denied
|
| Description |
Denied - PC Denied ~ DISMISSED
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|
| Docket Date |
2017-01-17
|
| Type |
Record
|
| Subtype |
Appendix to Response
|
| Description |
APPENDICES /ATTACHMENTS TO RESPONSE ~ APPENDIX TO GATOR BORING & TRENCHING, INC.'S RESPONSE TOWESTRA CONSTRUCTION CORP.'S SUPPLEMENTAL ARGUMENT ASDIRECTED BY THIS COURT'S ORDER DATED DECEMBER 13,2016
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| On Behalf Of |
GATOR BORING & TRENCHING, INC.
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|
| Docket Date |
2017-01-17
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ GATOR BORING & TRENCHING, INC.'S RESPONSE TOWESTRA'S SUPPLEMENTAL ARGUMENT AS DIRECTED BY THIS COURT'SORDER DATED DECEMBER 13, 2016
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| On Behalf Of |
GATOR BORING & TRENCHING, INC.
|
|
| Docket Date |
2016-12-21
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ WESTRA'S RESPONSE TO ORDER DATED DECEMBER 13, 2016REGARDING EFFECT OF PARTIAL REVERSAL ON PETITION
|
| On Behalf Of |
WESTRA CONSTRUCTION CORP.
|
|
| Docket Date |
2016-12-21
|
| Type |
Record
|
| Subtype |
Appendix to Response
|
| Description |
APPENDICES /ATTACHMENTS TO RESPONSE ~ APPENDIX TO WESTRA'S RESPONSE TO ORDER DATED DECEMBER 13, 2016 REGARDING EFFECT OF PARTIAL REVERSAL ON PETITION
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| On Behalf Of |
WESTRA CONSTRUCTION CORP.
|
|
| Docket Date |
2016-06-03
|
| Type |
Order
|
| Subtype |
Order on Motion For Review
|
| Description |
ORD-GRANT MOTION FOR REVIEW ~ Petitioners' motion to review order denying stay pending review is granted, and the denial of the motion for stay is approved.
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|
| Docket Date |
2016-05-31
|
| Type |
Response
|
| Subtype |
Reply
|
| Description |
REPLY ~ GATOR BORING & TRENCHING, INC.'S REPLY TO WESTRA'S AND TRAVELERS' RESPONSE TO GATOR'S WRIT OF CERTIORARI
|
| On Behalf Of |
GATOR BORING & TRENCHING, INC.
|
|
| Docket Date |
2016-05-26
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ WESTRA'S AND TRAVELERS' RESPONSE TO GATOR'S MOTION TO REVIEW ORDER OF LOWER TRIBUNAL ON MOTION FOR STAY REGARDING DISCOVERY
|
| On Behalf Of |
WESTRA CONSTRUCTION CORP.
|
|
| Docket Date |
2016-05-26
|
| Type |
Record
|
| Subtype |
Appendix to Response
|
| Description |
APPENDICES /ATTACHMENTS TO RESPONSE ~ APPENDIX TO WESTRA'S AND TRAVELER'S RESPONSE TO GATOR'S MOTION TO REVIEW ORDER OF LOWER TRIBUNAL ON MOTION FOR STAYREGARDING DISCOVERY
|
| On Behalf Of |
WESTRA CONSTRUCTION CORP.
|
|
| Docket Date |
2016-05-25
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
MISCELLANEOUS ORDER ~ Respondent is ordered to respond to the petitioner's motion to review the lower tribunal's order denying petitioner's motion to stay discovery. The response shall be filed no later than noon on Tuesday, May 31, 2016.
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|
| Docket Date |
2016-05-25
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice ~ GATOR BORING & TRENCHING, INC.'S NOTICE OF HEARING IN THE LOWER COURT THAT AFFECTS THIS PROCEEDING
|
| On Behalf Of |
GATOR BORING & TRENCHING, INC.
|
|
| Docket Date |
2016-05-25
|
| Type |
Motions Other
|
| Subtype |
Motion For Review
|
| Description |
Motion For Review ~ GATOR BORING & TRENCHING, INC.'S MOTION TO REVIEWORDER OF LOWER TRIBUNAL ON MOTION FOR STAY REGARDINGDISCOVERY
|
| On Behalf Of |
GATOR BORING & TRENCHING, INC.
|
|
| Docket Date |
2016-05-03
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ WESTRA'S AND TRAVELERS' RESPONSE TO GATOR'S PETITION FOR CERTIORARI
|
| On Behalf Of |
WESTRA CONSTRUCTION CORP.
|
|
| Docket Date |
2016-05-03
|
| Type |
Record
|
| Subtype |
Appendix to Response
|
| Description |
APPENDICES /ATTACHMENTS TO RESPONSE ~ APPENDIX TO WESTRA'S AND TRAVELER'S RESPONSE TO GATOR'S PETITION FOR CERTIORARI
|
| On Behalf Of |
WESTRA CONSTRUCTION CORP.
|
|
| Docket Date |
2016-04-19
|
| Type |
Order
|
| Subtype |
Order to Respond to Petition
|
| Description |
certiorari response - pretrial
|
|
| Docket Date |
2016-04-01
|
| Type |
Misc. Events
|
| Subtype |
Certificate
|
| Description |
Certificate ~ AMENDED CERTIFICATE OF SERVICE FOR PETITION FOR WRIT OF CERTIORARI
|
| On Behalf Of |
GATOR BORING & TRENCHING, INC.
|
|
| Docket Date |
2016-03-29
|
| Type |
Order
|
| Subtype |
Certificate of Service
|
| Description |
c of s; mailing addresses
|
|
| Docket Date |
2016-03-28
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2016-03-28
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
ORIGINAL APPENDIX OR ATTACHMENT
|
| On Behalf Of |
GATOR BORING & TRENCHING, INC.
|
|
| Docket Date |
2016-03-28
|
| Type |
Petition
|
| Subtype |
Petition
|
| Description |
Petition Filed
|
| On Behalf Of |
GATOR BORING & TRENCHING, INC.
|
|
| Docket Date |
2016-03-28
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter 1
|
|
| Docket Date |
2016-12-13
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
ORD-SUA SPONTE ~ The underlying complaint arose from Petitioner Gator Boring & Trenching, Inc.'s, performance of work under its subcontract with Westra Construction Corp. on a pipeline project that Westra had contracted to perform for TECO. Gator filed the four-count action against Westra, Travelers Casualty & Surety Co., and TECO which included a count (count II) against Westra and Travelers (together "Respondents") to enforce a lien that Gator had placed on TECO's property and that Westra had transferred to a bond underwritten by Travelers. Respondents raised as an affirmative defense that the lien was fraudulent, and Westra filed a counterclaim seeking damages for a fraudulent lien. The trial court determined that Gator's claim of lien was fraudulent as a matter of law and entered a partial summary judgment in which it, among other things, dismissed count II and ordered that the transfer bond be released. Gator sought review of that partial summary judgment in this court in case no. 2D15-5453.While that appeal was pending, the trial court granted Westra leave to amend its counterclaim to include a request for punitive damages in reliance on the trial court's finding that Gator's claim of lien was fraudulent as a matter of law. In this proceeding, Gator seeks certiorari review of an order granting Respondents' motion to compel discovery regarding the punitive damages request. During review of the petition for certiorari, a panel of this court issued an opinion in case no. 2D15-5453 in which it held that the trial court erred in determining that Gator's claim of lien was fraudulent as a matter of law and reversed and quashed the orders dismissing count II and releasing the transfer bond. See Gator Boring & Trenching, Inc. v. Westra Constr. Corp., 41 Fla. L. Weekly D2269 (Fla. 2d DCA Oct. 5, 2016). This court's opinion in Gator Boring thus calls into question the underpinning of the trial court's decisions to allow Westra to request punitive damages in its counterclaim and to compel discovery on punitive damages. Arguably, any discovery on Westra's punitive damages request should not proceed until the trial court resolves the issues on remand arising from this court's decision in Gator Boring. Respondents shall serve a supplemental argument within twenty days in which they address the effect of Gator Boring on this court's resolution of the petition for certiorari in this proceeding. Petitioner shall serve a response to the Respondent's supplemental argument within twenty days of service of the supplemental argument.
|
|
|
|
TRAVELERS CASUALTY AND INSURANCE COMPANY OF AMERICA VS COMMUNITY ASPHALT CORP.
|
3D2016-0004
|
2016-01-04
|
Closed
|
|
| Classification |
NOA Non Final - Circuit Civil - Other
|
| Court |
3rd District Court of Appeal
|
| Originating Court |
Circuit Court for the Eleventh Judicial Circuit, Miami-Dade County
15-17911
|
Parties
| Name |
TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
GEORGE H. KNOTT
|
|
| Name |
COMMUNITY ASPHALT CORP.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
IAN T. KRAVITZ
|
|
| Name |
Hon. William Thomas
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Miami-Dade Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2017-06-26
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2017-06-08
|
| Type |
Order
|
| Subtype |
Order on Motion For Attorney's Fees
|
| Description |
Attorney Fees Granted (OG47) ~ Upon consideration of the motion to tax attorney's fees filed by appellee, it is ordered that said motion is granted and remanded to the trial court to fix amount, contingent upon appellee ultimately qualifying as the prevailing party in the claim against the payment bond. SUAREZ, C.J., and EMAS and LOGUE, JJ., concur.
|
|
| Docket Date |
2017-06-07
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed - Authored Opinion
|
|
| Docket Date |
2016-03-22
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant's Reply Brief
|
| On Behalf Of |
TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA
|
|
| Docket Date |
2016-03-14
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Clerk's notice granting eot (CLKEX) ~ RB-15 days to 3/31/16
|
|
| Docket Date |
2016-03-11
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ to the motion to tax attorney's fees and costs
|
| On Behalf Of |
TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA
|
|
| Docket Date |
2016-03-11
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Reply Brief
|
| Description |
Mot. for Extension of Time to File Reply Brief
|
| On Behalf Of |
TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA
|
|
| Docket Date |
2016-02-25
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief
|
| On Behalf Of |
COMMUNITY ASPHALT CORP.
|
|
| Docket Date |
2016-02-25
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
|
| On Behalf Of |
COMMUNITY ASPHALT CORP.
|
|
| Docket Date |
2016-02-18
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Clerk's notice granting eot (CLKEX) ~ AB-7 days to 2/26/16
|
|
| Docket Date |
2016-02-17
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Answer Brief
|
| Description |
Mot. for Extension of time to file Answer Brief
|
| On Behalf Of |
COMMUNITY ASPHALT CORP.
|
|
| Docket Date |
2016-02-01
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Clerk's notice granting eot (CLKEX) ~ AB-18 days to 2/19/16.
|
|
| Docket Date |
2016-01-29
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Answer Brief
|
| Description |
Mot. for Extension of time to file Answer Brief
|
| On Behalf Of |
COMMUNITY ASPHALT CORP.
|
|
| Docket Date |
2016-01-12
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix ~ VOL IV
|
| On Behalf Of |
TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA
|
|
| Docket Date |
2016-01-12
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA
|
|
| Docket Date |
2016-01-04
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA
|
|
| Docket Date |
2016-01-04
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter ~ Acknowledgment of new case with attachments. ** The $300 filing fee for appeal is due.
|
|
| Docket Date |
2016-01-04
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
|
|
MAGNUM CONSTRUCTION MANAGEMENT CORP., etc., ET AL., VS THE CITY OF MIAMI BEACH, FLORIDA,
|
3D2015-2239
|
2015-09-29
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
3rd District Court of Appeal
|
| Originating Court |
Circuit Court for the Eleventh Judicial Circuit, Miami-Dade County
10-61979
|
Parties
| Name |
TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
MAGNUM CONSTRUCTION MANAGEMENT, LLC
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
EDUARDO E. BERTRAN, J. Alfredo Armas, DANIEL F. MUNILLA
|
|
| Name |
City of Miami Beach
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Joan Carlos Wizel, ROBERT A. HINGSTON, COLBY CONFORTI, MARK A. HENDRICKS, STEVEN H. ROTHSTEIN
|
|
| Name |
HON. JOHN W. THORNTON, JR.
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Miami-Dade Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2017-02-06
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2017-01-20
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2017-01-20
|
| Type |
Order
|
| Subtype |
Order on Motion For Clarification
|
| Description |
Grant Clarification (OG54) ~ Upon consideration, appellee's motion for clarification of the order awarding appellate attorneys¿ fees pursuant to § 768.79, Fla. Stat. is hereby granted. The award of attorney¿s fees is conditioned based on the filed proposal for settlement. ROTHENBERG, FERNANDEZ and LOGUE, JJ., concur.
|
|
| Docket Date |
2016-12-29
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion for Rehearing
|
| Description |
Motion For Rehearing ~ OR CLARIFICATION OF THE ORDER AWARDING AA ATTORNEY'S FEES
|
| On Behalf Of |
City of Miami Beach
|
|
| Docket Date |
2016-12-29
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix
|
| On Behalf Of |
City of Miami Beach
|
|
| Docket Date |
2016-12-14
|
| Type |
Order
|
| Subtype |
Order on Motion For Attorney's Fees
|
| Description |
Attorney Fees Granted (OG47) ~ Upon consideration of appellant MCM Corp.'s request for attorney's fees, it is ordered that said request is granted and remanded to the trial court to fix amount. Appellee's motion for appellate attorneys' fees is hereby denied.
|
|
| Docket Date |
2016-12-14
|
| Type |
Disposition by Opinion
|
| Subtype |
Reversed
|
| Description |
Reversed - Authored Opinion ~ and Remanded.
|
|
| Docket Date |
2016-11-01
|
| Type |
Misc. Events
|
| Subtype |
Oral Argument Date Set
|
| Description |
Oral Argument Date Set ~ 3rd DCA
|
|
| Docket Date |
2016-10-31
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ to ae second motion to supplement the record
|
| On Behalf Of |
MAGNUM CONSTRUCTION MANAGEMENT
|
|
| Docket Date |
2016-10-31
|
| Type |
Order
|
| Subtype |
Order on Motion to Supplement Record
|
| Description |
Mot to Supplement Rec w/attachment Granted (OG13) ~ Appellee¿s October 27, 2016 motion to supplement the record is granted and the record on appeal is supplemented with the documents filed separately.
|
|
| Docket Date |
2016-10-28
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
Miscellaneous Motion Denied (OD999) ~ Upon consideration, appellee¿s motion to dismiss appeal is denied. The alternative motion to supplement the record on appeal is deferred to allow the requested response by Magnum Construction Management, which shall be filed no later than noon on Monday, October 31, 2016..
|
|
| Docket Date |
2016-10-27
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion to Supplement Record
|
| Description |
Motion to Supplement the Record ~ or in the alternative, motion to dismiss this appeal.
|
| On Behalf Of |
City of Miami Beach
|
|
| Docket Date |
2016-10-27
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix ~ to motion to supplement the record.
|
| On Behalf Of |
City of Miami Beach
|
|
| Docket Date |
2016-10-27
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice ~ OF COMPLIANCE
|
| On Behalf Of |
MAGNUM CONSTRUCTION MANAGEMENT
|
|
| Docket Date |
2016-10-24
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
MISCELLANEOUS ORDER (OR999) ~ Within two (2) days from the date of this order, the parties shall file with this Court an appendix containing the following documents: (1) a copy of each of the Project Manual specifications rgarding the landscaping, soil and sod requirements that are referenced in the parties¿ appellate briefs; and (2) the operative contract between Hargreaves Associates, Inc. and the City of Miami Beach, Florida.
|
|
| Docket Date |
2016-09-08
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice ~ of withdrawal of certain argument in opposition to AE's motion for appellate fees and costs.
|
| On Behalf Of |
MAGNUM CONSTRUCTION MANAGEMENT
|
|
| Docket Date |
2016-08-30
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to File Response
|
| Description |
Ext-granted to respond to motion (OG01A) ~ Appellants¿ amended notice of agreed extension of time to file opposition to the motion for appellate attorney¿s fees & costs is treated as a motion for extension of time to file opposition to the motion for appellate attorney¿s fees & costs is granted to and including August 30, 2016.
|
|
| Docket Date |
2016-08-30
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ in opposition to AE's motion for appellate fees and costs.
|
| On Behalf Of |
MAGNUM CONSTRUCTION MANAGEMENT
|
|
| Docket Date |
2016-08-26
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Notice of Agreed Extension of Time ~ amended notice of agreed time to file opposition to city's motion for appellate attorney's fees and costs
|
| On Behalf Of |
MAGNUM CONSTRUCTION MANAGEMENT
|
|
| Docket Date |
2016-08-18
|
| Type |
Notice
|
| Subtype |
Notice of Oral Argument
|
| Description |
ORAL ARGUMENT RECEIPT ~ AA J. Alfredo De Armas
|
| On Behalf Of |
MAGNUM CONSTRUCTION MANAGEMENT
|
|
| Docket Date |
2016-08-11
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
|
| On Behalf Of |
City of Miami Beach
|
|
| Docket Date |
2016-08-10
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant's Reply Brief
|
| On Behalf Of |
MAGNUM CONSTRUCTION MANAGEMENT
|
|
| Docket Date |
2016-08-04
|
| Type |
Notice
|
| Subtype |
Notice of Oral Argument
|
| Description |
Notice of Oral Argument
|
|
| Docket Date |
2016-07-25
|
| Type |
Notice
|
| Subtype |
Notice of Supplemental Authority
|
| Description |
Notice of Supplemental Authority
|
| On Behalf Of |
MAGNUM CONSTRUCTION MANAGEMENT
|
|
| Docket Date |
2016-07-18
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Notice of Agreed Extension of Time
|
| On Behalf Of |
MAGNUM CONSTRUCTION MANAGEMENT
|
|
| Docket Date |
2016-07-18
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ RB-14 days to 8/1/16
|
|
| Docket Date |
2016-07-11
|
| Type |
Order
|
| Subtype |
Order on Motion to Supplement Record
|
| Description |
Mot to Supplement Rec w/attachment Granted (OG13) ~ Appellee¿s June 24, 2016 motion to supplement the record is granted, and the record on appeal is supplemented to include the documents filed in the appendix to this motion.
|
|
| Docket Date |
2016-06-24
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief
|
| On Behalf Of |
City of Miami Beach
|
|
| Docket Date |
2016-06-24
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion to Supplement Record
|
| Description |
Motion to Supplement the Record
|
| On Behalf Of |
City of Miami Beach
|
|
| Docket Date |
2016-06-24
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix ~ to motion to supplement the record.
|
| On Behalf Of |
City of Miami Beach
|
|
| Docket Date |
2016-06-08
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Notice of Agreed Extension of Time
|
| On Behalf Of |
City of Miami Beach
|
|
| Docket Date |
2016-06-08
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ AB-14 days to 6/24/16
|
|
| Docket Date |
2016-06-03
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Notice of Agreed Extension of Time
|
| On Behalf Of |
City of Miami Beach
|
|
| Docket Date |
2016-06-03
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ AB-7 days to 6/10/16
|
|
| Docket Date |
2016-05-19
|
| Type |
Order
|
| Subtype |
Order on Motion to Supplement Record
|
| Description |
Mot to Supplement Rec w/attachment Granted (OG13) ~ Appellant¿s May 6, 2016 motion to supplement the record is granted, and the record on appeal is supplemented to include the documents filed separately.
|
|
| Docket Date |
2016-05-04
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ AB-30 days to 6/3/16
|
|
| Docket Date |
2016-05-03
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Notice of Agreed Extension of Time
|
| On Behalf Of |
City of Miami Beach
|
|
| Docket Date |
2016-04-18
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Notice of Agreed Extension of Time
|
| On Behalf Of |
City of Miami Beach
|
|
| Docket Date |
2016-04-18
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ AB-30 days to 5/4/16
|
|
| Docket Date |
2016-04-04
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ IB-30 days to 5/4/16
|
|
| Docket Date |
2016-03-21
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ TO MOTION FOR ATTORNEY FEES
|
| On Behalf Of |
City of Miami Beach
|
|
| Docket Date |
2016-03-11
|
| Type |
Order
|
| Subtype |
Order on Motion to Consolidate
|
| Description |
Consolidation Granted--record only (OG24A) ~ Upon motion of appellant, it is ordered that the above referenced appeals are hereby consolidated for the record only.
|
|
| Docket Date |
2016-03-01
|
| Type |
Motions Other
|
| Subtype |
Motion To Consolidate
|
| Description |
Motion To Consolidate
|
| On Behalf Of |
City of Miami Beach
|
|
| Docket Date |
2016-02-25
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
Miscellaneous Motion Granted (OG999) ~ Appellants¿ motion to enlarge page limitation on initial brief is granted, and the enlarged initial brief filed February 23, 2016 is accepted by the Court.
|
|
| Docket Date |
2016-02-23
|
| Type |
Motions Relating to Briefs
|
| Subtype |
Motion To File Enlarged Brief
|
| Description |
Motion To File Enlarged Brief ~ Motion to enlarge page limitation on initial brief.
|
| On Behalf Of |
MAGNUM CONSTRUCTION MANAGEMENT
|
|
| Docket Date |
2016-02-23
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
|
| On Behalf Of |
MAGNUM CONSTRUCTION MANAGEMENT
|
|
| Docket Date |
2016-02-23
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time
|
| Description |
Motion for Extension of Time ~ for preparation of the record on appeal and for extension of time to serve initial brief.
|
| On Behalf Of |
MAGNUM CONSTRUCTION MANAGEMENT
|
|
| Docket Date |
2016-02-23
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
MAGNUM CONSTRUCTION MANAGEMENT
|
|
| Docket Date |
2016-02-23
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ IB (Munilla & Travelers)-1 day to 2/23/16
|
|
| Docket Date |
2016-02-23
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion/Request for Oral Argument
|
| Description |
Motion For Oral Argument
|
| On Behalf Of |
MAGNUM CONSTRUCTION MANAGEMENT
|
|
| Docket Date |
2016-02-23
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix ~ to initial brief.
|
| On Behalf Of |
MAGNUM CONSTRUCTION MANAGEMENT
|
|
| Docket Date |
2016-02-22
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Notice of Agreed Extension of Time
|
| On Behalf Of |
MAGNUM CONSTRUCTION MANAGEMENT
|
|
| Docket Date |
2016-02-19
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
City of Miami Beach
|
|
| Docket Date |
2016-02-17
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ IB (Munilla & Travelers)-5 days to 2/22/16
|
|
| Docket Date |
2016-02-16
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Notice of Agreed Extension of Time
|
| On Behalf Of |
MAGNUM CONSTRUCTION MANAGEMENT
|
|
| Docket Date |
2016-02-03
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Notice of Agreed Extension of Time
|
| On Behalf Of |
MAGNUM CONSTRUCTION MANAGEMENT
|
|
| Docket Date |
2016-02-03
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ IB (Munilla & Travelers) -12 days to 2/15/16
|
|
| Docket Date |
2016-01-04
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Record on Appeal ~ RECORD - PART - 4
|
|
| Docket Date |
2015-11-20
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time for Record
|
| Description |
Extension granted to file record (OG11) ~ Appellants¿ motion for extension of time for preparation of the record on appeal and extension of time to file the initial brief is granted, and the clerk of the circuit court is granted to and including January 15, 2016 to prepare the record on appeal. Appellants are granted thirty (30) days after receipt of the record on appeal to file their initial brief.
|
|
| Docket Date |
2015-11-18
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time for Record
|
| Description |
Motion Extension of Time To File Record ~ and extension of time to serve initial brief
|
| On Behalf Of |
MAGNUM CONSTRUCTION MANAGEMENT
|
|
| Docket Date |
2015-10-19
|
| Type |
Notice
|
| Subtype |
Amended Notice of Appeal
|
| Description |
Amended Notice of Appeal
|
| On Behalf Of |
MAGNUM CONSTRUCTION MANAGEMENT
|
|
| Docket Date |
2015-10-09
|
| Type |
Misc. Events
|
| Subtype |
Miscellaneous Docket Entry
|
| Description |
Miscellaneous Docket Entry ~ designation of court reporter and notice of proceedings for transcription and inclusion of the record.
|
| On Behalf Of |
MAGNUM CONSTRUCTION MANAGEMENT
|
|
| Docket Date |
2015-10-05
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
Order to pay filing fee-civil w/atty (OR14B) ~ This is to notify counsel for appellant that the filing and prosecution of a notice of appeal in this Court is not acceptable without compliance with the Florida Rules of Appellate Procedure. Therefore, this appeal will be dismissed unless the required three hundred ($300.00) dollar fee is paid to the Clerk of the Court on or before October 15, 2015.
|
|
| Docket Date |
2015-09-29
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed ~ Prior case: 13-180
|
| On Behalf Of |
MAGNUM CONSTRUCTION MANAGEMENT
|
|
| Docket Date |
2015-09-29
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
| Docket Date |
2015-09-29
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter ~ Acknowledgment of new case with attachments. ** The $300 filing fee for appeal is due.
|
|
|
|
BEACH VILLA 900 OCEAN BOULEVARD etc. VS TRAVELERS CASUALTY AND SURETY COMPANY etc.
|
4D2014-1345
|
2014-04-10
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
12-035151 (08)
|
Parties
| Name |
BEACH VILLA 900 OCEAN BOULEVAR
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
THOMAS F. LUKEN
|
|
| Name |
TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
JOHN R. CATIZONE, Dara Lynn Schottenfeld
|
|
| Name |
HON. DALE ROSS
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Broward
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2015-04-24
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2015-04-02
|
| Type |
Order
|
| Subtype |
Order on Motion For Attorney's Fees
|
| Description |
Deny Attorney's Fees ~ ORDERED that appellant's motion filed July 21, 2014, for attorney's fees is hereby denied.
|
|
| Docket Date |
2015-04-02
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed - Per Curiam Affirmed
|
|
| Docket Date |
2014-12-15
|
| 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 |
2014-08-21
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant's Reply Brief
|
| On Behalf Of |
BEACH VILLA 900 OCEAN BOULEVAR
|
|
| Docket Date |
2014-08-08
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Brief ~ TO ANSWER BRIEF
|
| On Behalf Of |
Travelers Casualty and Surety Company of America
|
|
| Docket Date |
2014-08-08
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief
|
| On Behalf Of |
Travelers Casualty and Surety Company of America
|
|
| Docket Date |
2014-07-29
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ TWO (2) VOLUMES
|
|
| Docket Date |
2014-07-21
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion/Request for Oral Argument
|
| Description |
Request for Oral Argument ~ AA Thomas F. Luken 0168697
|
|
| Docket Date |
2014-07-21
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
BEACH VILLA 900 OCEAN BOULEVAR
|
|
| Docket Date |
2014-07-21
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
|
| On Behalf Of |
BEACH VILLA 900 OCEAN BOULEVAR
|
|
| Docket Date |
2014-07-21
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Brief ~ TO INITIAL BRIEF
|
| On Behalf Of |
BEACH VILLA 900 OCEAN BOULEVAR
|
|
| Docket Date |
2014-07-11
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
| Description |
Notice of Agreed Extension - Initial Brief ~ TO 07/21/14
|
| On Behalf Of |
BEACH VILLA 900 OCEAN BOULEVAR
|
|
| Docket Date |
2014-06-16
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
| Description |
Notice of Agreed Extension - Initial Brief ~ 20 DAY TO 07/11/14
|
| On Behalf Of |
BEACH VILLA 900 OCEAN BOULEVAR
|
|
| Docket Date |
2014-04-22
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Travelers Casualty and Surety Company of America
|
|
| Docket Date |
2014-04-16
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2014-04-10
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
BEACH VILLA 900 OCEAN BOULEVAR
|
|
| Docket Date |
2014-04-10
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
|
|
MK CONTRACTORS, L.L.C., et al., VS MI-YORK, INC.,
|
3D2013-2824
|
2013-11-05
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
3rd District Court of Appeal
|
| Originating Court |
Circuit Court for the Eleventh Judicial Circuit, Miami-Dade County
06-24935
|
Parties
| Name |
TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
JOSE I. BALDOR, MICHAEL P. PETERSON
|
|
| Name |
MK CONTRACTORS, L.L.C.,
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
MI-YORK, INC.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
JOHN GREGORY
|
|
| Name |
HON. DARRIN P. GAYLES
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Miami-Dade Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2014-06-04
|
| Type |
Mandate
|
| Subtype |
Disp. w/o Mandate
|
| Description |
Disp w/o mandate
|
|
| Docket Date |
2014-06-04
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2014-06-04
|
| Type |
Disposition by Opinion
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Clerk
|
|
| Docket Date |
2014-06-04
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
Stipulation of Dismissal (DA11J) ~ ORDERED that the joint stipulation for dismissal is recognized by the Court, and this appeal from the Circuit Court for Miami-Dade County, Florida is hereby dismissed.
|
|
| Docket Date |
2014-06-03
|
| Type |
Motion
|
| Subtype |
Stipulation
|
| Description |
Stipulation ~ AA Michael P. Peterson 982040 FOR DISMISSAL
|
|
| Docket Date |
2014-04-28
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Record on Appeal ~ 1 suppl volume ( XV ).
|
|
| Docket Date |
2014-04-10
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
Ext-gr initial brief no further extensions (OG03B) ~ Appellants¿ second motion for an extension of time to file the initial brief is granted to and including June 13, 2014, with no further extensions allowed. If said brief is not timely filed in accordance with this order, the appeal will be subject to dismissal.
|
|
| Docket Date |
2014-04-08
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion for Extension of Time for Court Reporter
|
| Description |
Motion Extension of Time For Court Repte-Transc ~ Copy of motion filed on 2/11/14.
|
|
| Docket Date |
2014-04-08
|
| 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 |
TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA
|
|
| Docket Date |
2014-02-14
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time for Court Reporter
|
| Description |
Court Reporter Ext. Granted/Ordered (OG16C) ~ Upon request of the court reporting firm, it is ordered that the time for filing the transcribed notes is extended to and including April 10, 2014, with no further extensions allowed. Court reporter, Sheilamarie Quintana, and Esquire Deposition Solutions, LLC are ordered to file the transcribed notes no later than April 10, 2014. The court reporting firm shall promptly notify the court reporter(s) of this order, including the fact that no further extensions will be allowed.
|
|
| Docket Date |
2014-02-11
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion for Extension of Time for Court Reporter
|
| Description |
Mot for Extension of Time to File Ct. Rpter Note
|
|
| Docket Date |
2014-01-23
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Record on Appeal ~ 14 volumes.
|
|
| Docket Date |
2014-01-16
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time for Court Reporter
|
| Description |
Court Reporter Extension Granted (OG16) ~ Upon request of the court reporting firm, it is ordered that the time for filing the transcribed notes is extended to and including February 14, 2014. The court reporting firm shall promptly notify the court reporter(s) of this order.
|
|
| Docket Date |
2014-01-13
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion for Extension of Time for Court Reporter
|
| Description |
Motion Extension of Time For Court Repte-Transc
|
|
| Docket Date |
2014-01-08
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Clerk's notice granting eot (CLKEX) ~ IB-90 days to 4/14/14
|
|
| Docket Date |
2014-01-07
|
| 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 |
TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA
|
|
| Docket Date |
2013-11-05
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA
|
|
| Docket Date |
2013-11-05
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter ~ Acknowledgement of new case with attachments. ** The $300 filing fee is now due.
|
|
| Docket Date |
2013-11-05
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
|
|
ATTAWAY ELECTRIC, INC. VS KELSEY CONSTRUCTION, INC., etc., et al.
|
4D2013-0710
|
2013-02-27
|
Closed
|
|
| Classification |
NOA Non Final - Circuit Civil - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
12-30885 CACE
|
Parties
| Name |
ATTAWAY ELECTRIC, INC.
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
ALAN C. BRANDT, Laura Baker
|
|
| Name |
KELSEY CONSTRUCTION, INC.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Kevin P. Robinson
|
|
| Name |
TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Hon. Carol-Lisa Phillips
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Broward
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2013-09-17
|
| Type |
Misc. Events
|
| Subtype |
Case Closed
|
| Description |
Case Closed (No Record)
|
|
| Docket Date |
2013-08-23
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2013-08-23
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2013-08-07
|
| Type |
Order
|
| Subtype |
Order on Motion For Attorney's Fees
|
| Description |
Order Granting Attorney Fees-Prevailing ~ ORDERED that the appellant's motion for attorney's fees filed April 17, 2013, is granted conditioned on the trial court determining that appellant is the prevailing party and, if so, to 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 therewith, including but not limited to preparation of a responsive pleading, shall be taken into account in computing the amount of the fee.
|
|
| Docket Date |
2013-08-07
|
| Type |
Disposition by Opinion
|
| Subtype |
Reversed
|
| Description |
Reversed - Authored Opinion
|
|
| Docket Date |
2013-04-17
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees ~ **PENDING MOTION**
|
| On Behalf Of |
ATTAWAY ELECTRIC, INC.
|
|
| Docket Date |
2013-04-17
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant's Reply Brief
|
| On Behalf Of |
ATTAWAY ELECTRIC, INC.
|
|
| Docket Date |
2013-03-28
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief
|
| On Behalf Of |
KELSEY CONSTRUCTION, INC.
|
|
| Docket Date |
2013-03-25
|
| Type |
Misc. Events
|
| Subtype |
Court Reporter Acknowledgement Letter
|
| Description |
Court Reporter Acknowledgment Letter ~ REQUEST CANCELLED
|
|
| Docket Date |
2013-03-08
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Brief ~ TO INITIAL BRIEF (WAITING FOR BRIEF WITH "SIGNATURE")
|
| On Behalf Of |
ATTAWAY ELECTRIC, INC.
|
|
| Docket Date |
2013-03-08
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits ~ (4)
|
| On Behalf Of |
ATTAWAY ELECTRIC, INC.
|
|
| Docket Date |
2013-03-06
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2013-03-04
|
| Type |
Misc. Events
|
| Subtype |
Docketing Statement
|
| Description |
Docketing Statement ~ AA Laura Baker 0015597
|
|
| Docket Date |
2013-02-27
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
| Docket Date |
2013-02-27
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
ATTAWAY ELECTRIC, INC.
|
|
|
|
CONSTRUCTION SYSTEMS OF AMERICA, INC., VS TRAVELERS CASUALTY & SURETY CO., etc., et al.,
|
3D2012-3397
|
2012-12-27
|
Closed
|
|
| Classification |
Original Proceedings - Circuit Civil - Certiorari
|
| Court |
3rd District Court of Appeal
|
| Originating Court |
Circuit Court for the Eleventh Judicial Circuit, Miami-Dade County
06-3413
|
Parties
| Name |
CONSTRUCTION SYSTEMS OF AMER.
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
HERMAN M. BRAUDE
|
|
| Name |
TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
MICHAEL P. PETERSON
|
|
| Name |
HON. JOHN W. THORNTON, JR.
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Harvey Ruvin
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
| Name |
Miami-Dade Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2013-09-06
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2013-09-06
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2013-08-21
|
| Type |
Motions Other
|
| Subtype |
Motion To Strike
|
| Description |
Motion to Strike Denied (OD30) ~ Upon consideration, respondents¿ motion to strike petitioner¿s reply brief in support of petition for writ of certiorari is hereby denied. SUAREZ and LOGUE, JJ., and SCHWARTZ, Senior Judge, concur.
|
|
| Docket Date |
2013-08-07
|
| Type |
Disposition by Opinion
|
| Subtype |
Granted in Part/Denied in Part
|
| Description |
Granted in Part/Denied in Part - Authored Opinion
|
|
| Docket Date |
2013-05-17
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Reply to Response
|
| Description |
Ext. granted for reply to resp. to petition (OR16) ~ Petitioner's motion for extension of time to file a reply to the response to the petition for writ of certiorari is granted to and including March 19, 2013, and the reply filed on March 19, 2013 is accepted by the Court.
|
|
| Docket Date |
2013-04-02
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ to motion to strike
|
| On Behalf Of |
CONSTRUCTION SYSTEMS OF AMER.
|
|
| Docket Date |
2013-03-21
|
| Type |
Motions Other
|
| Subtype |
Motion To Strike
|
| Description |
Motion To Strike ~ pet. reply brief
|
| On Behalf Of |
TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA
|
|
| Docket Date |
2013-03-19
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant's Reply Brief
|
| On Behalf Of |
CONSTRUCTION SYSTEMS OF AMER.
|
|
| Docket Date |
2013-03-19
|
| 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 |
CONSTRUCTION SYSTEMS OF AMER.
|
|
| Docket Date |
2013-02-27
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ in opposition to pet for writ of certiorari
|
| On Behalf Of |
TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA
|
|
| Docket Date |
2013-02-27
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix ~ filed with response
|
| On Behalf Of |
TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA
|
|
| Docket Date |
2013-01-24
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to File Response
|
| Description |
Extension granted to respond to petition (OG01) ~ Respondents' motion for an extension of time to file a response to the petition for writ of certiorari is granted to and including February 27, 2013.
|
|
| Docket Date |
2013-01-16
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to File Response
|
| Description |
Motion for Extension of Time to File Response
|
| On Behalf Of |
TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA
|
|
| Docket Date |
2013-01-08
|
| Type |
Order
|
| Subtype |
Order to Respond to Petition
|
| Description |
Order Resp. on all Petitions except Prohibi(OR12L) ~ Respondents are ordered to file a response within twenty (20) days of the date of this order to the petition for writ of certiorari. Further, a reply may be filed five (5) days thereafter.
|
|
| Docket Date |
2012-12-27
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix ~ filed with petition
|
| On Behalf Of |
CONSTRUCTION SYSTEMS OF AMER.
|
|
| Docket Date |
2012-12-27
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
| Docket Date |
2012-12-27
|
| Type |
Petition
|
| Subtype |
Petition
|
| Description |
Petition Filed
|
| On Behalf Of |
CONSTRUCTION SYSTEMS OF AMER.
|
|
|
|
TURNER CONSTRUCTION COMPANY, et al., VS E & F CONTRACTORS, INC.,
|
3D2011-1905
|
2011-07-20
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
3rd District Court of Appeal
|
| Originating Court |
Circuit Court for the Eleventh Judicial Circuit, Miami-Dade County
03-21019
|
Parties
| Name |
TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
PACIFIC INDEMNITY CO.,
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
TURNER CONSTRUCTION COMPANY
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
LIBERTY MUTUAL INSURANCE COMPANY
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
S. JOANNE LINLEY
|
|
| Name |
WALTER E. STEVENS
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
PATRICIA M. SILVER
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
E & F CONTRACTORS, INC.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
WALTER E. STEVENS
|
|
| Name |
Hon. Spencer Eig
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Harvey Ruvin
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2011-12-28
|
| Type |
Record
|
| Subtype |
Returned Records
|
| Description |
Returned Records ~ 2 VOLUMES.
|
|
| Docket Date |
2011-11-04
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2011-11-04
|
| Type |
Notice
|
| Subtype |
Voluntary Dismissal
|
| Description |
Voluntary Dismissal Recognized (OG33)
|
|
| Docket Date |
2011-11-04
|
| Type |
Mandate
|
| Subtype |
Disp. w/o Mandate
|
| Description |
Disp w/o mandate
|
|
| Docket Date |
2011-11-04
|
| Type |
Disposition by Opinion
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Clerk
|
|
| Docket Date |
2011-10-26
|
| Type |
Motions Other
|
| Subtype |
Motion/Notice Voluntary Dismissal
|
| Description |
Motion For Voluntary Dismissal
|
| On Behalf Of |
LIBERTY MUTUAL INSURANCE COMPANY
|
|
| Docket Date |
2011-10-19
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Record on Appeal ~ 2 volumes.
|
|
| Docket Date |
2011-10-06
|
| Type |
Order
|
| Subtype |
Order on Motion For Substitution of Counsel
|
| Description |
Substitution of Counsel Recognized (OR44D) ~ The stipulation for substitution of counsel filed October 3, 2011 is recognized by the court.
|
|
| Docket Date |
2011-10-03
|
| Type |
Motion
|
| Subtype |
Stipulation
|
| Description |
Stipulation ~ AA Walter E. Stevens for substitution of counsel
|
|
| Docket Date |
2011-09-19
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Clerk's notice granting eot (CLKEX)
|
|
| Docket Date |
2011-09-19
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
PATRICIA M. SILVER
|
|
| Docket Date |
2011-09-15
|
| 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 |
LIBERTY MUTUAL INSURANCE COMPANY
|
|
| Docket Date |
2011-07-20
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
| Docket Date |
2011-07-20
|
| Type |
Notice
|
| Subtype |
Notice of Cross Appeal
|
| Description |
Notice of Cross Appeal
|
| On Behalf Of |
E & F CONTRACTORS, INC.
|
|
|
