| Classification |
Original Proceedings - Circuit Civil - Certiorari
|
| Court |
2nd District Court of Appeal
|
| Originating Court |
Circuit Court for the Thirteenth Judicial Circuit, Hillsborough County
17-CA-9641
|
Parties
| Name |
LEWIS TREE SERVICE, INC.
|
| Role |
Petitioner
|
| Status |
Active
|
| Representations |
KEVIN P. MC COY, ESQ., JOSEPH H. LANG, JR., ESQ.
|
|
| Name |
ASPLUNDH TREE EXPERT, LLC
|
| Role |
Respondent
|
| Status |
Active
|
| Representations |
David E. Cannella, Esq.
|
|
| Name |
ASPLUNDH TREE EXPERT CO.
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
HON. DARREN D. FARFANTE
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
HILLSBOROUGH CLERK
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2021-06-25
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Judge
|
|
| Docket Date |
2021-06-25
|
| Type |
Order
|
| Subtype |
Order on Motion/Notice Voluntary Dismissal (non-dispositive)
|
| Description |
voluntary dismissal of writ ~ Petitioner's notice of voluntary dismissal is accepted and this petition for writ of certiorari is dismissed.
|
|
| Docket Date |
2021-06-25
|
| Type |
Misc. Events
|
| Subtype |
Case Closed
|
| Description |
Case Closed
|
|
| Docket Date |
2021-06-17
|
| Type |
Motions Other
|
| Subtype |
Motion/Notice Voluntary Dismissal
|
| Description |
Notice of Voluntary Dismissal ~ NOTICE OF VOLUNTARY DISMISSAL OF PETITION FOR WRIT OF CERTIORARI
|
| On Behalf Of |
LEWIS TREE SERVICE, INC.
|
|
| Docket Date |
2021-06-10
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2021-06-10
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter 1
|
|
| Docket Date |
2021-06-10
|
| Type |
Petition
|
| Subtype |
Petition
|
| Description |
Petition Filed
|
| On Behalf Of |
LEWIS TREE SERVICE, INC.
|
|
| Docket Date |
2021-06-10
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
ORIGINAL APPENDIX OR ATTACHMENT
|
| On Behalf Of |
LEWIS TREE SERVICE, INC.
|
|
|
| Classification |
Original Proceedings - Circuit Civil - Certiorari
|
| Court |
2nd District Court of Appeal
|
| Originating Court |
Circuit Court for the Thirteenth Judicial Circuit, Hillsborough County
17-CA-9641
|
Parties
| Name |
LEWIS TREE SERVICE, INC.
|
| Role |
Petitioner
|
| Status |
Active
|
| Representations |
KEVIN P. MC COY, ESQ., JOSEPH H. LANG, JR., ESQ.
|
|
| Name |
RAUL PEREZ, INC.
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
JOSE CORTEZ LLC
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
ASPLUNDH TREE EXPERT, LLC
|
| Role |
Respondent
|
| Status |
Active
|
| Representations |
KRISTIN N. ROYAL, ESQ., David E. Cannella, Esq., JAMIE BILLOTTE MOSES, ESQ., LUIS J. GONZALEZ, ESQ.
|
|
| Name |
BACILIO ALCALA, JR.
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
ISRAEL MARTINEZ
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
ASPLUNDH TREE EXPERT CO.
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
ALEJANDRO JASSO MARTINEZ
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
JUAN ANGEL GARZA
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
OVIDIO DIAZ
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
MILTON BELLOSO
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
ELIEZER S. RIVERA
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
STEVEN SCOTT STEPHENS, ESQ.
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
HILLSBOROUGH CLERK
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2020-10-19
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2020-09-25
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Miscellaneous Order ~ Petitioner Lewis Tree Service, Inc., has filed a motion for a provisional award of appellate attorney's fees pursuant to a proposal for settlement that it served on Respondent Asplundh Tree Expert, LLC, in the trial court under section 768.79, Florida Statutes (2018), and Florida Rule of Civil Procedure 1.442. This motion is remanded to the trial court. If Lewis Tree establishes its entitlement to an award of attorney's fees pursuant to the proposal for settlement at the conclusion of the case, the trial court is authorized to award Lewis Tree those appellate attorney's fees reasonably incurred in pursuing this petition. Respondent Asplundh has also filed a motion for a provisional award of appellate attorney's fees pursuant to a proposal for settlement that it served on Lewis Tree in the trial court under section 768.79 and rule 1.442. This motion is denied.
|
|
| Docket Date |
2020-09-25
|
| Type |
Disposition
|
| Subtype |
Granted
|
| Description |
Granted - Authored Opinion
|
|
| Docket Date |
2020-04-07
|
| Type |
Order
|
| Subtype |
Order on Motion For Review
|
| Description |
ORD-GRANT MOTION FOR REVIEW ~ Petitioner's motion to review the denial of a stay is granted, and the denial of stay is disapproved. The trial court's order is stayed pending review and disposition of this certiorari proceeding or until further order of the court.
|
|
| Docket Date |
2020-04-07
|
| Type |
Response
|
| Subtype |
Reply
|
| Description |
REPLY ~ LEWIS TREE SERVICE, INC.'S REPLY IN SUPPORT OF PETITION FOR WRIT OF CERTIORARI
|
| On Behalf Of |
LEWIS TREE SERVICE, INC.
|
|
| Docket Date |
2020-04-07
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees ~ RESPONDENT ASPLUNDH TREE EXPERT, LLC'S MOTION FOR APPELLATE FEES
|
| On Behalf Of |
ASPLUNDH TREE EXPERT, LLC
|
|
| Docket Date |
2020-03-26
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ RESPONDENT ASPLUNDH TREE EXPERT, LLC'S RESPONSE IN OPPOSITION TO MOTION TO STAY
|
| On Behalf Of |
ASPLUNDH TREE EXPERT, LLC
|
|
| Docket Date |
2020-03-18
|
| Type |
Motions Other
|
| Subtype |
Motion To Stay
|
| Description |
Motion To Stay
|
| On Behalf Of |
LEWIS TREE SERVICE, INC.
|
|
| Docket Date |
2020-03-18
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
MISCELLANEOUS ORDER ~ Respondent shall respond to petitioner's "motion to review trial court's orderdenying stay pending resolution of this proceeding on its petition for writ of certiorari"within ten days.
|
|
| Docket Date |
2020-03-09
|
| Type |
Record
|
| Subtype |
Appendix to Response
|
| Description |
APPENDICES /ATTACHMENTS TO RESPONSE ~ APPENDIX TO RESPONDENT ASPLUNDH TREE EXPERT, LLC'S RESPONSE TO PETITION FOR WRIT OF CERTIORARI
|
| On Behalf Of |
ASPLUNDH TREE EXPERT, LLC
|
|
| Docket Date |
2020-03-09
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ RESPONDENT ASPLUNDH TREE EXPERT, LLC'S RESPONSE TO PETITION FOR WRIT OF CERTIORARI
|
| On Behalf Of |
ASPLUNDH TREE EXPERT, LLC
|
|
| Docket Date |
2020-02-13
|
| Type |
Order
|
| Subtype |
Order to Respond to Petition
|
| Description |
certiorari response - pretrial ~ Respondent shall serve a response to the petition for writ of certiorari within 30 days. Petitioner may serve a reply within 30 days thereafter. The parties shall keep this court apprised of all hearings or trial dates that may affect this proceeding.
|
|
| Docket Date |
2020-02-11
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2020-02-11
|
| Type |
Petition
|
| Subtype |
Petition Certiorari
|
| Description |
Petition for Certiorari Filed
|
| On Behalf Of |
LEWIS TREE SERVICE, INC.
|
|
| Docket Date |
2020-02-11
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter 1
|
|
| Docket Date |
2020-02-11
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
ORIGINAL APPENDIX OR ATTACHMENT
|
| On Behalf Of |
LEWIS TREE SERVICE, INC.
|
|
|
