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WCI COMMUNITIES, LLC, Appellant v. ALTAIRA AT THE COLONY CONDOMINIUM ASSOCIATION, INC., CURTIS GAINES HALL JONES ARCHITECTS, INC., SUFFOLK CONSTRUCTION COMPANY, INC., ABBEY CARPET OF NAPLES, LLC, ACTION AUTOMATIC DOOR COMPANY, ASHCRAFT ARCHITECTURAL STONE SYSTEMS, INC., BCI INCORPORATED, FIELDS DOOR & HARDWARE, INC., GELANDER INDUSTRIES, INC., THE INTERIORS WORKSHOP OF NAPLES, INC., JACKSON POOLS, INC., JENSON UNDERGROUND UTILITIES, INC., NAPLES LUMBER & SUPPLY CO., INC., SPECTRUM CONTRACTING, INC., TIMO BROTHERS, INC., THYSKENKRUPP ELEVATOR CORP., VIKING CONSTRUCTION CORPORATION OF S.W. FLORIDA, WAYNE AUTOMATIC FIRE SPRINKLERS, INC., VICTORI, INC., LENNAR HOMES, LLC, PAGE MECHANCIAL GROUP, INC., CFS ROOFING SERVICES, LLC, COMMUNITY ELECTRIC OF COLLIER, INC., FORD DRYWALL & STUCCO, INC., and WADSWORTH O'NEAL ASSOCIATES, INC., Appellees.
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6D2024-2397
|
2024-11-08
|
Open
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
6th District Court of Appeal
|
| Originating Court |
Circuit Court for the Twentieth Judicial Circuit, Lee County
22-CA-000606
|
Parties
| Name |
WCI COMMUNITIES, LLC
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Jackeline Sofia Rodriguez, Michael Thomas Relihan
|
|
| Name |
ALTAIRA AT THE COLONY CONDOMINIUM ASSOCIATION, INC.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Brett Gold
|
|
| Name |
CURTIS GAINES HALL JONES ARCHITECTS, INC.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Curtis Lee Brown, Daniel Joseph Lopez
|
|
| Name |
SUFFOLK CONSTRUCTION COMPANY, INC.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Christopher William Brennan, D Spencer Mallard, Nicholas Patrick Conto
|
|
| Name |
ACTION AUTOMATIC DOOR COMPANY
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Christine Marie Hoke
|
|
| Name |
ASHCRAFT ARCHITECTURAL STONE SYSTEMS, INC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
BCI, INCORPORATED
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
James Leonard Price, Sara Woolford Mapes
|
|
| Name |
FIELDS DOOR & HARDWARE, INC.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Lydia Harley, Tyler Kay Walker
|
|
| Name |
GELANDER INDUSTRIES, INC.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Sara Woolford Mapes, Joshua Gaven Harris
|
|
| Name |
JACKSON POOLS, INC.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Amy Millan DeMartino
|
|
| Name |
JENSON UNDERGROUND UTILITIES, INC.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Alex Michael Sarsfield, Jeffrey Michael Paskert
|
|
| Name |
NAPLES LUMBER & SUPPLY CO., INC.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Rolando Osvaldo Martinez, Cary Alan Cash, Kingston George Cash
|
|
| Name |
TIMO BROTHERS, INC.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Brandon Aaron Montville, Doryk Byron Graf, Jr.
|
|
| Name |
THYSKENKRUPP ELEVATOR CORP.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Robert Eric Sacks, Richard Philip Hermann, II, Jennifer Shafer
|
|
| Name |
VIKING CONSTRUCTION CORPORATION OF S.W. FLORIDA
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Robert Baron Ringhofer
|
|
| Name |
VICTORI INC.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Amid Bennaim, Kevin C Schumacher, Robert Kyle Guinn
|
|
| Name |
LENNAR HOMES, LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
PAGE MECHANCIAL GROUP, INC.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
David Scott Preston, Mark Stephen Tomlinson
|
|
| Name |
COMMUNITY ELECTRIC OF COLLIER, INC.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
William O. Kratochvil, Joseph Daniel Bootka
|
|
| Name |
WADSWORTH O'NEAL ASSOCIATES, INC.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Michael Joseph Corso
|
|
| Name |
Hon. James Robert Shenko
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Lee Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
| Name |
ABBEY CARPET OF NAPLES, LLC
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Paul Anthony Giordano, Lydia Harley, Tyler Kay Walker
|
|
| Name |
THE INTERIORS WORKSHOP OF NAPLES, INC.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Joseph Laurenc Zollner, Robert Emmett Anderson, Jr.
|
|
| Name |
SPECTRUM CONTRACTING, INC.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Guyliana Ashley Plantain, Anthony M Horrnik, Rinaldo J. Cartaya, III, Robert Nathan Johnson, Robert Jason Ruiz, Margaret Mikal Efta
|
|
| Name |
WAYNE AUTOMATIC FIRE SPRINKLERS, INC.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Rocky Jay Johnson, Jr., Michael Redmond Gibbons, Brandon David Jose
|
|
| Name |
CFS ROOFING SERVICES, LLC
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Thamir Kaddouri, Penelope Rowlett, Chelsey Kay Nichole Romer
|
|
| Name |
FORD DRYWALL & STUCCO, INC.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Thamir Kaddouri, Penelope Rowlett, Cecilia Byron White, Geoffrey Roy Lutz, Smaili Marciano Constantino
|
|
Docket Entries
| Docket Date |
2024-11-21
|
| Type |
Event
|
| Subtype |
Fee Satisfied
|
| Description |
Fee Satisfied
|
|
| Docket Date |
2024-11-21
|
| Type |
Miscellaneous Document
|
| Subtype |
Pay Case Filing Fee-300
|
| Description |
Pay Case Filing Fee-300
|
| On Behalf Of |
WCI COMMUNITIES, LLC
|
| View |
View File
|
|
| Docket Date |
2024-11-08
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
| View |
View File
|
|
| Docket Date |
2024-11-08
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| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal
|
| On Behalf Of |
WCI COMMUNITIES, LLC
|
| View |
View File
|
|
| Docket Date |
2024-12-02
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| Type |
Notice
|
| Subtype |
Amended Notice of Appeal
|
| Description |
Amended Notice of Appeal
|
| On Behalf Of |
WCI COMMUNITIES, LLC
|
|
| Docket Date |
2024-11-25
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| Type |
Order
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| Subtype |
Certificate of Service
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| Description |
On November 8, 2024, the Court ordered Appellant to file an amended notice of appeal in this Court. This Court has not received an amended notice of appeal responsive to that order.
Within five days of this order, Appellant shall file an amended notice of appeal in this Court with an amended certificate of service. For each appellee, or for each appellee's attorney if represented, the amended certificate of service must provide a mailing address and a service address, if different. If service is to be made upon an attorney, the amended certificate of service must identify which appellee or appellees the attorney represents. If Appellant fails to timely comply with this order, Appellant risks sanctions, including the dismissal of this case without further notice or opportunity to be heard. Fla. R. App. P. 9.410.
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| View |
View File
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| Docket Date |
2024-11-08
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| Type |
Order
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| Subtype |
Order on Filing Fee
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| Description |
This appeal has been filed without the filing fee required under section 35.22(2)(a), Florida Statutes. Within twenty days of this order, Appellant shall forward the required $300.00 filing fee or, if applicable, an order or certificate from the lower tribunal finding Appellant indigent. Failure to comply with this order will result in the dismissal of this case.
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| View |
View File
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Park Square 5, LLC, Petitioner(s), v. MB Doral, LLC, et al., Respondent(s).
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3D2024-1409
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2024-08-12
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Closed
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|
| Classification |
Original Proceedings - Circuit Civil - Certiorari
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| Court |
3rd District Court of Appeal
|
| Originating Court |
Circuit Court for the Eleventh Judicial Circuit, Miami-Dade County
21-24215-CA-01
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Parties
| Name |
PARK SQUARE 5, LLC
|
| Role |
Petitioner
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| Status |
Active
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| Representations |
Christopher Walden Lee, Eduardo Alberto Ramos, Johnny P. ElHachem
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|
| Name |
MB DORAL, LLC
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| Role |
Respondent
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| Status |
Active
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| Representations |
Louis J Terminello, Nicholas David Siegfried, Joseph Anthony Miles
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|
| Name |
SUFFOLK CONSTRUCTION COMPANY, INC.
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| Role |
Respondent
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| Status |
Active
|
| Representations |
D Spencer Mallard, Meliz Marie Martin, Estefania Negrette, Tiran Alon
|
|
| Name |
Therma Seal Insulation, Inc.
|
| Role |
Respondent
|
| Status |
Active
|
| Representations |
Amy Millan DeMartino
|
|
| Name |
Aurora Plumbing Corp.
|
| Role |
Respondent
|
| Status |
Active
|
| Representations |
Dennis M Ballard
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|
| Name |
L and R Structural Corp., Inc.
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| Role |
Respondent
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| Status |
Active
|
| Representations |
Dina Contri, Glory Sabrina Robinson
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|
| Name |
Alpha Insulation & Waterproofing Co.
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| Role |
Respondent
|
| Status |
Active
|
| Representations |
David L. Rosinsky
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|
| Name |
Hon. Valerie R. Manno Schurr
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| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Miami-Dade Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2024-10-17
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2024-10-17
|
| Type |
Mandate
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| Subtype |
Disp. w/o Mandate
|
| Description |
Disp. w/o Mandate
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|
| Docket Date |
2024-10-17
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| Type |
Disposition by Order
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| Subtype |
Dismissed
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| Description |
IT IS HEREBY ORDERED that Petitioner's Notice of Voluntary Dismissal of Petition is noted, and the Petition for Writ of Certiorari is hereby dismissed.
LOGUE, C.J., and GORDO and LOBREE, JJ., concur.
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| View |
View File
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| Docket Date |
2024-10-08
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| Type |
Motions Other
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| Subtype |
Motion/Notice Voluntary Dismissal
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| Description |
Petitioner's Notice Voluntary Dismissal of Petition
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| On Behalf Of |
Park Square 5, LLC
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| View |
View File
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|
| Docket Date |
2024-09-04
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| Type |
Order
|
| Subtype |
Order to File Response
|
| Description |
Respondents are ordered to file a response within thirty (30) days
from the date of this Order to the Petition for Writ of Certiorari. Further, a
reply may be filed within ten (10) days thereafter.
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| View |
View File
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|
| Docket Date |
2024-08-28
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| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Certificate of Service
|
| On Behalf Of |
Park Square 5, LLC
|
| View |
View File
|
|
| Docket Date |
2024-08-21
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| Type |
Event
|
| Subtype |
Fee Satisfied
|
| Description |
Fee Satisfied
|
|
| Docket Date |
2024-08-21
|
| Type |
Miscellaneous Document
|
| Subtype |
Pay Case Filing Fee-300
|
| Description |
$300 case filing fee paid through the portal. Batch no. 12236707
|
| On Behalf Of |
Park Square 5, LLC
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| View |
View File
|
|
| Docket Date |
2024-08-12
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
| View |
View File
|
|
| Docket Date |
2024-08-12
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix In Support of Petition for Writ of Certiorari
|
| On Behalf Of |
Park Square 5, LLC
|
| View |
View File
|
|
| Docket Date |
2024-08-12
|
| Type |
Petition
|
| Subtype |
Petition Certiorari
|
| Description |
Petition for Writ of Certiorari Incomplete Certificate of Service Prior Cases: 23-1847, 23-1727
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| On Behalf Of |
Park Square 5, LLC
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| View |
View File
|
|
| Docket Date |
2024-08-29
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| Type |
Notice
|
| Subtype |
Notice of Related Case or Issue
|
| Description |
Notice of Related Case or Issue
|
| On Behalf Of |
MB Doral, LLC
|
| View |
View File
|
|
| Docket Date |
2024-08-12
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
This is to notify counsel for petitioner that the filing and prosecution of a petition in this Court is not acceptable without compliance with the Florida Rules of Appellate Procedure. Therefore, this petition will be dismissed unless the required three hundred dollar ($300.00) fee is paid to the Clerk of the Court on or before August 22, 2024.
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| View |
View File
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SUFFOLK CONSTRUCTION COMPANY, et al., Appellant(s) v. ALL AMERICAN FLOORS, INC., et al., Appellee(s).
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4D2024-0095
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2024-01-10
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Open
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County
502021CA009232XXXXMB
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Parties
| Name |
SUFFOLK CONSTRUCTION COMPANY, INC.
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Kimberly Kanoff Berman, Joelle Jaclyn Vogel, Andrew James Marchese, Juan Diaz
|
|
| Name |
Solomon, Cordwell, Buenz & Assoc., Inc.,
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| Role |
Appellee
|
| Status |
Active
|
| Representations |
Curtis Lee Brown
|
|
| Name |
FLAGLER INVESTORS LLC
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Randy Richard Dow, Filiz NMN Akkaya
|
|
| Name |
Barry Zubrow
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Daniel A Thomas, Alan Benjamin Rose, Erica Lester Sadowski
|
|
| Name |
Jan Rock Zubrow
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Hon. Luis Delgado, Jr.
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Palm Beach Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
| Name |
ALL AMERICAN FLOORS INC.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Alexander Alvarez, D Spencer Mallard, John Anthony Chiocca, Rory Eric Jurman, Kelly Marie Canfield Demmery, Mark Murray Heinish, Jeremy Harris, Adam Jacob Wicker, James Henry Wyman, Sarah Hafeez
|
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Docket Entries
| Docket Date |
2024-11-25
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Answer Brief
|
| Description |
Unopposed Motion for Extension of Time to Serve Answer Brief.
|
|
| Docket Date |
2024-10-29
|
| Type |
Recognizing Agreed Extension
|
| Subtype |
Answer Brief
|
| Description |
30 days to 12/2/2024
|
|
| Docket Date |
2024-10-29
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
| Description |
Notice of Agreed Extension of Time - Answer Brief
|
| On Behalf Of |
All American Floors, Inc.
|
|
| Docket Date |
2024-08-28
|
| Type |
Recognizing Agreed Extension
|
| Subtype |
Answer Brief
|
| Description |
60 days to 11/1/24
|
|
| Docket Date |
2024-08-28
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
| Description |
Notice of Agreed Extension of Time - Answer Brief
|
|
| Docket Date |
2024-08-13
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
|
| Docket Date |
2024-08-12
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE TO APPELLANT'S MOTION FOR APPELLATE ATTORNEY'S FEES
|
|
| Docket Date |
2024-08-01
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
|
|
| Docket Date |
2024-08-01
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief
|
| View |
View File
|
|
| Docket Date |
2024-07-25
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| Type |
Record
|
| Subtype |
Supplemental Record
|
| Description |
Supplemental Record--27 pages
|
| On Behalf Of |
Palm Beach Clerk
|
|
| Docket Date |
2024-07-11
|
| Type |
Order
|
| Subtype |
Order on Motion to Supplement Record & EOT/Toll Briefing
|
| Description |
ORDERED that Appellant Suffolk Construction Company, Inc.'s July 10, 2024 motion to supplement the record and toll time to serve initial brief 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 twenty (20) days from the date of this order. Appellant shall monitor the supplementation process; further,
ORDERED that the time for filing Appellant's initial brief is tolled until ten (10) days after the supplemental record is received.
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| View |
View File
|
|
| Docket Date |
2024-07-10
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion to Supplement Record & EOT/Toll Briefing
|
| Description |
Motion to Supplement Record & EOT/Toll Briefing
|
|
| Docket Date |
2024-05-29
|
| Type |
Recognizing Agreed Extension
|
| Subtype |
Initial Brief
|
| Description |
45 DAYS TO 7/15/24
|
|
| Docket Date |
2024-05-29
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
| Description |
Notice of Agreed Extension of Time - Initial Brief
|
|
| Docket Date |
2024-04-11
|
| Type |
Recognizing Agreed Extension
|
| Subtype |
Initial Brief
|
| Description |
45 DAYS TO 5/30/24
|
|
| Docket Date |
2024-03-01
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Record on Appeal -- 2369 PAGES
|
| On Behalf Of |
Palm Beach Clerk
|
|
| Docket Date |
2024-02-12
|
| Type |
Motions Other
|
| Subtype |
Request for Emergency Treatment
|
| Description |
Request for Emergency Treatment
|
|
| Docket Date |
2024-02-12
|
| Type |
Misc. Events
|
| Subtype |
Status Report
|
| Description |
Status Report
|
|
| Docket Date |
2024-02-08
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response to Motion To Stay
|
| On Behalf Of |
All American Floors, Inc.
|
|
| Docket Date |
2024-02-07
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
All American Floors, Inc.
|
|
| Docket Date |
2024-02-07
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE IN OPPOSITION TO APPELLANT'S TIME SENSITIVE MOTION TO STAY FEBRUARY 13-16, 2024 TRIAL PENDING RESOLUTION OF THIS APPEAL
|
|
| Docket Date |
2024-02-06
|
| Type |
Order
|
| Subtype |
Order to File Response
|
| Description |
Order to File Response
|
| View |
View File
|
|
| Docket Date |
2024-02-06
|
| Type |
Notice
|
| Subtype |
Notice of Filing
|
| Description |
Notice of Filing
|
|
| Docket Date |
2024-02-05
|
| Type |
Motions Other
|
| Subtype |
Motion To Stay
|
| Description |
Motion To Stay
|
|
| Docket Date |
2024-02-05
|
| Type |
Record
|
| Subtype |
Appendix to Motion
|
| Description |
Appendix to Motion
|
|
| Docket Date |
2024-01-18
|
| Type |
Order
|
| Subtype |
Abeyance Order
|
| Description |
Abeyance Order
|
| View |
View File
|
|
| Docket Date |
2024-01-13
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice
|
|
| Docket Date |
2024-01-13
|
| Type |
Miscellaneous Document
|
| Subtype |
Pay Case Filing Fee-300
|
| Description |
Pay Case Filing Fee-300
|
| View |
View File
|
|
| Docket Date |
2024-01-11
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal
|
|
| Docket Date |
2024-01-11
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
| View |
View File
|
|
| Docket Date |
2024-12-06
|
| Type |
Order
|
| Subtype |
Order on Motion to Stay
|
| Description |
ORDERED that Appellee's December 5, 2024 motion is treated as a motion to stay and is granted.
|
| View |
View File
|
|
| Docket Date |
2024-12-05
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Answer Brief
|
| Description |
Motion for Extension of Time to Serve Answer Brief
|
|
| Docket Date |
2024-11-26
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
| Description |
ORDERED that Appellee's November 25, 2024 motion for extension of time is granted in part, and Appellee shall serve the answer brief on or before December 12, 2024. In addition, Appellee is notified that the failure to serve the brief within the time provided herein will foreclose Appellee's right to file a brief or otherwise participate in this appeal, or the court in its discretion may impose other sanctions. Appellee is advised that no further extensions will be granted absent a detailed explanation for why the answer brief has not yet been filed and a showing of extraordinary circumstances where, if a further extension is not granted, irreparable and material harm will result to the litigant. Attorney workload does not constitute extraordinary circumstances which justifies a further extension of time.
|
| View |
View File
|
|
| Docket Date |
2024-04-11
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
| Description |
Notice of Agreed Extension of Time - Initial Brief
|
|
| Docket Date |
2024-02-12
|
| Type |
Order
|
| Subtype |
Order on Motion to Stay
|
| Description |
Order on Motion to Stay
|
| View |
View File
|
|
|
|
VAM LBK DEVELOPMENT, LLC, BBC KEY, LLC, LINCOLNSHIRE ASSOCIATES II, LTD, AZURE LBK MANAGEMENT, LLC, AND JAMES A. TALLMAN VS ARIA LONGBOAT KEY CONDOMINIUM ASSOCIATION, INC., ET AL.
|
2D2023-1098
|
2023-05-24
|
Closed
|
|
| Classification |
Original Proceedings - Circuit Civil - Certiorari
|
| Court |
2nd District Court of Appeal
|
| Originating Court |
Circuit Court for the Twelfth Judicial Circuit, Sarasota County
2019-CA-001461NC
|
Parties
| Name |
LINCOLNSHIRE ASSOCIATES II, LTD.
|
| Role |
Petitioner
|
| Status |
Active
|
|
| Name |
AZURE LBK MANAGEMENT, LLC
|
| Role |
Petitioner
|
| Status |
Active
|
|
| Name |
BBC KEY, LLC
|
| Role |
Petitioner
|
| Status |
Active
|
|
| Name |
VAM LBK DEVELOPMENT, LLC
|
| Role |
Petitioner
|
| Status |
Active
|
| Representations |
ANDREW J. OPPENHEIM, ESQ., DUANE A. DAIKER, ESQ., MICHELE LEO HINTSON, ESQ., DANIEL J. DE LEO, ESQ., ANTHONY J. ABATE, ESQ.
|
|
| Name |
JAMES A. TALLMAN
|
| Role |
Petitioner
|
| Status |
Active
|
| Representations |
KIMBERLY A. CANALS, ESQ., STEPHEN W. STUKEY, ESQ.
|
|
| Name |
AMERICAN PLUMBING OF SARASOTA, INC.
|
| Role |
Respondent
|
| Status |
Active
|
| Representations |
TIMOTHY O. MCMAHON, ESQ.
|
|
| Name |
CROWTHER ROOFING AND SHEET METAL OF FLORIDA, INC.
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
SUFFOLK CONSTRUCTION COMPANY, INC.
|
| Role |
Respondent
|
| Status |
Active
|
| Representations |
TAMMY BRITO, ESQ., ROBERTA A. CARLSON, JUAN DIAZ, ESQ.
|
|
| Name |
CURBCO, INC.
|
| Role |
Respondent
|
| Status |
Active
|
| Representations |
Warren H. Chin, Esq., PATRICIA D. CRAUWELS, ESQ.
|
|
| Name |
CODE RED FIRE PROTECTION, INC.
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
AA STUCCO & DRYWALL, INC.
|
| Role |
Respondent
|
| Status |
Active
|
| Representations |
GERALD C. BIONDI, ESQ., PERI ROSE HUSTON-MILLER, ESQ.
|
|
| Name |
TRI-CITY ELECTRICAL CONTRACTORS, INC.
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
LIBERTY ALUMINUM CO.
|
| Role |
Respondent
|
| Status |
Active
|
| Representations |
MARK S. TOMLINSON, ESQ., DAVID S. PRESTON, ESQ.
|
|
| Name |
COOK & BOARDMAN, LLC
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
ELITE-WEILER POOLS, INC.
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
GEORGE F. YOUNG, INC.
|
| Role |
Respondent
|
| Status |
Active
|
| Representations |
EDWARD O. SAVITZ, ESQ., BRIAN T. MC ELFATRICK, ESQ.
|
|
| Name |
MULLET’S ALUMINUM PRODUCTS, INC.
|
| Role |
Respondent
|
| Status |
Active
|
| Representations |
R. BARON RINGHOFER, ESQ.
|
|
| Name |
WEST TAMPA GLASS COMPANY
|
| Role |
Respondent
|
| Status |
Active
|
| Representations |
THAMIR A. R. KADDOURI, JR., ESQ., OMARI SINCLAIR, ESQ., PENELOPE T. ROWLETT, ESQ.
|
|
| Name |
D/B/A HOLLOW METAL SPECIALISTS
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
ALBRECHT CABINETS, INC.
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
POWER AIR CONDITIONING, INC.
|
| Role |
Respondent
|
| Status |
Active
|
| Representations |
MARK H. GARRISON, ESQ.
|
|
| Name |
ARIA LONGBOAT KEY CONDOMINIUM ASSOCIATION, INC.
|
| Role |
Respondent
|
| Status |
Active
|
| Representations |
JOSEPH M. HERBERT, ESQ., WILLIAM R. FRIED, ESQ.
|
|
| Name |
ECONOMY CAULKING, INC.
|
| Role |
Respondent
|
| Status |
Active
|
| Representations |
MICHELLE M. KRONE, ESQ.
|
|
| Name |
WEST COAST PAINT, LLC
|
| Role |
Respondent
|
| Status |
Active
|
| Representations |
SCOTT S. AMITRANO, ESQ., CHRISTIAN R. CALCINES, ESQ., FRANCIS MORA, ESQ.
|
|
| Name |
SOUTHEASTERN SITE DEVELOPMENT, INC.
|
| Role |
Respondent
|
| Status |
Active
|
| Representations |
SEAN-KELLY XENAKIS, ESQ., MAEGAN BRIDWELL, ESQ.
|
|
| Name |
DESIGNER MARBLE & GRANITE, INC.
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
SANTIESTEBAN & ASSOCIATES ARCHITECTS, LLC
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
ARCHITECTURAL ENGINEERING INCORPORATED
|
| Role |
Respondent
|
| Status |
Active
|
| Representations |
MICHAEL J. CORSO, ESQ.
|
|
| Name |
HON. STEPHEN WALKER
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
SARASOTA CLERK
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
| Name |
SPECTRUM CONTRACTING, INC.
|
| Role |
Respondent
|
| Status |
Active
|
| Representations |
NADINE FOEHL, ESQ., BETH - ANN SCHULMAN, ESQ.
|
|
Docket Entries
| Docket Date |
2023-12-14
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2023-12-13
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2023-11-22
|
| Type |
Disposition
|
| Subtype |
Denied
|
| Description |
Denied - PC Denied ~ **DISMISSED**
|
|
| Docket Date |
2023-08-24
|
| Type |
Response
|
| Subtype |
Reply
|
| Description |
REPLY ~ PETITIONERS' REPLY TO RESPONSE TO PETITION FOR WRIT OF CERTIORARI
|
| On Behalf Of |
VAM LBK DEVELOPMENT, LLC
|
|
| Docket Date |
2023-08-16
|
| Type |
Motions Extensions
|
| Subtype |
Motion Extension of Time To Reply To Response
|
| Description |
Motion Extension of TimeTo Reply To Response
|
| On Behalf Of |
VAM LBK DEVELOPMENT, LLC
|
|
| Docket Date |
2023-08-16
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Reply to Response
|
| Description |
grant eot for cert reply ~ Petitioner's motion for extension of time to serve the reply is granted. The replyshall be served by August 24, 2023.
|
|
| Docket Date |
2023-07-10
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Reply to Response
|
| Description |
grant eot for cert reply ~ Petitioner's motion for extension of time to serve the reply is granted. The replyshall be served by August 17, 2023.
|
|
| Docket Date |
2023-07-07
|
| Type |
Motions Extensions
|
| Subtype |
Motion Extension of Time To Reply To Response
|
| Description |
Motion Extension of TimeTo Reply To Response
|
| On Behalf Of |
VAM LBK DEVELOPMENT, LLC
|
|
| Docket Date |
2023-06-29
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to File Response
|
| Description |
Motion for Extension of Time to File Response
|
| On Behalf Of |
ARIA LONGBOAT KEY CONDOMINIUM ASSOCIATION, INC.
|
|
| Docket Date |
2023-06-29
|
| Type |
Order
|
| Subtype |
Order on Miscellaneous Motion
|
| Description |
Grant Miscellaneous Motion-79 ~ Respondent's motion for extension of time is granted to the extent that theresponse filed June 28, 2023, is accepted as timely filed.
|
|
| Docket Date |
2023-06-29
|
| Type |
Record
|
| Subtype |
Appendix to Response
|
| Description |
APPENDICES /ATTACHMENTS TO RESPONSE ~ APPENDIX TO THE RESPONSE TO THEPETITION FOR WRIT OF CERTIORARI
|
| On Behalf Of |
ARIA LONGBOAT KEY CONDOMINIUM ASSOCIATION, INC.
|
|
| Docket Date |
2023-06-28
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ RESPONSE TO THE PETITION FOR WRIT OF CERTIORARI
|
| On Behalf Of |
ARIA LONGBOAT KEY CONDOMINIUM ASSOCIATION, INC.
|
|
| Docket Date |
2023-06-26
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to File Response
|
| Description |
Motion Extension of time To File Response ~ RESPONDENT'S MOTION FOR EXTENSION OF TIME TO SERVERESPONSE TO THE PETITION FOR WRIT OF CERTIORARI
|
| On Behalf Of |
ARIA LONGBOAT KEY CONDOMINIUM ASSOCIATION, INC.
|
|
| Docket Date |
2023-06-20
|
| Type |
Motions Relating to Parties and Counsel
|
| Subtype |
Motion to Appear Pro Hac Vice
|
| Description |
Motion For Leave To Appear as Foreign Counsel
|
| On Behalf Of |
ARIA LONGBOAT KEY CONDOMINIUM ASSOCIATION, INC.
|
|
| Docket Date |
2023-05-25
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter 1
|
|
| Docket Date |
2023-05-25
|
| Type |
Order
|
| Subtype |
Order re Counsel
|
| Description |
Order on Foreign Attorney ~ Within twenty days from the date of this order, Attorney William R. Fried shall move to appear in this court pro hac vice pursuant to Florida Rule of General Practice and Judicial Administration 2.510 or the attorney will be removed from this proceeding.
|
|
| Docket Date |
2023-05-24
|
| Type |
Petition
|
| Subtype |
Petition Certiorari
|
| Description |
Petition for Certiorari Filed
|
| On Behalf Of |
VAM LBK DEVELOPMENT, LLC
|
|
| Docket Date |
2023-05-24
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2023-05-24
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
ORIGINAL APPENDIX OR ATTACHMENT
|
| On Behalf Of |
VAM LBK DEVELOPMENT, LLC
|
|
| Docket Date |
2023-06-21
|
| Type |
Order
|
| Subtype |
Order on Motion to Appear Pro Hac Vice
|
| Description |
grant pro hac vice and $100 fee ~ Attorney William R. Fried's motion to appear as a foreign attorney is granted. All parties must serve sponsoring Florida attorney Joseph M. Herbert with all submissions when serving foreign attorney Fried with documents.Pursuant to section 35.22(2)(a), Florida Statutes, if the foreign attorney has not already done so, they shall within ten days remit the statutory fee of $100, which can be paid through the Florida Courts E-Filing Portal or by sending a check payable to the clerk of this court, failing which this order will be vacated and the motion to appear as a foreign attorney will be denied.
|
|
|
|
CITY OF PORT ST. LUCIE and COMMUNITY REDEVELOPMENT AGENCY of the CITY OF PORT ST. LUCIE VS SUFFOLK CONSTRUCTION COMPANY, INC.
|
4D2021-1131
|
2021-03-24
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Nineteenth Judicial Circuit, St. Lucie County
562018CA001895
|
Parties
| Name |
Community Redevelopment Agency of the City of Port St. Lucie
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
City of Port St. Lucie
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Lee J. Bagget, Jeffrey Weiss, Joseph Buford Towne, Sebastian K. Poprawski, James D. Stokes
|
|
| Name |
SUFFOLK CONSTRUCTION COMPANY, INC.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Juan Diaz
|
|
| Name |
Hon. Laurie E. Buchanan
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - St. Lucie
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2021-07-07
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
Order Granting Voluntary Dismissal ~ ORDERED that upon consideration of appellants’ response filed July 6, 2021, this court’s July 1, 2021 order to show cause is discharged. Further, Pursuant to the July 6, 2021 notice of voluntary dismissal found within the response, this case is dismissed.
|
|
| Docket Date |
2021-07-07
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Clerk
|
|
| Docket Date |
2021-07-06
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response to Order to Show Cause ~ NOTICE OF FILING ORDER OF TRIAL COURT VACATING ORDER ON APPEAL, AND NOTICE OF VOLUNTARY DISMISSAL
|
| On Behalf Of |
City of Port St. Lucie
|
|
| Docket Date |
2021-07-01
|
| Type |
Order
|
| Subtype |
Show Cause re Compliance with Prior Order
|
| Description |
Order to Show Cause-Appeal Dismissal ~ **DISCHARGED**ORDERED that appellant is directed to show cause in writing, if any there be, within ten (10) days from the date of this order, why the above-styled case should not be dismissed or other sanctions imposed for failure to comply with this court's April 19, 2021 order.
|
|
| Docket Date |
2021-05-19
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Grant Extension of Time ~ ORDERED that appellants’ May 18, 2021 motion for extension of time is granted, and appellants shall have until June 22, 2021 to comply with this court’s April 19, 2021 order.
|
|
| Docket Date |
2021-05-18
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time
|
| Description |
Motion for Extension of Time ~ TO FILE FINAL ORDER
|
| On Behalf Of |
City of Port St. Lucie
|
|
| Docket Date |
2021-04-19
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Miscellaneous Order ~ Upon consideration of appellants’ April 5, 2021 jurisdictional brief and appellee’s April 15, 2021 response, it is ORDERED that appellants shall have thirty (30) days from the date of this order to obtain a final order and to file a copy in this court. Failure to do so may result in sua sponte dismissal of the appeal. See Fla. R. App. P. 9.110(l); Dobrick v. Discovery Cruises, Inc., 581 So. 2d 645 (Fla. 4th DCA 1991); see also Paulino v. BJ’s Wholesale Club, Inc., 106 So. 3d 985, 987 (Fla. 4th DCA 2013) (“On the other hand, it is well–established that an order which merely grants a motion to dismiss, as contrasted with an order dismissing a complaint or an action, is not a final order.”); Paige v. Am. Sec. Ins. Co., 987 So. 2d 128, 129 (Fla. 4th DCA 2008) (finding that an order lacking words of finality is not a final judgment); Caufield v. Cantele, 837 So. 2d 371, 375 (Fla. 2002) (“A final judgment is one which ends the litigation between the parties and disposes of all issues involved such that no further action by the court will be necessary”).ORDERED that the trial court is specifically authorized, pursuant to Florida Rule of Appellate Procedure 9.600(b), upon appropriate application, to enter a final order in these proceedings.
|
|
| Docket Date |
2021-04-15
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ AMENDED RESPONSE TO APPELLANT'S STATEMENT OF SUBJECT MATTER JURISDICTION
|
| On Behalf Of |
Suffolk Construction Company, Inc.
|
|
| Docket Date |
2021-04-15
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
Stricken - Non-Compliance With R. 9.045 ~ ORDERED that appellee’s April 14, 2021 response to appellant’s statement of subject matter jurisdiction is stricken as not in compliance with Florida Rule of Appellate Procedure 9.045, which became effective January 1, 2021, in that it is a computer-generated document which does not comply with the font requirements set forth in Rule 9.045(b). See Fla. R. App. P. 9.045(b) (“Computer-generated documents shall be filed in either Arial 14-point font or Bookman Old Style 14-point font.”). An amended document in compliance with Rule 9.045 shall be filed within two (2) days from the date of this order.
|
|
| Docket Date |
2021-04-14
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ TO APPELLANT'S STATEMENT OF SUBJECT MATTER JURISDICTION
|
| On Behalf Of |
Suffolk Construction Company, Inc.
|
|
| Docket Date |
2021-04-05
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix ~ TO APPELLANTS' STATEMENT OF JURISDICTION
|
| On Behalf Of |
City of Port St. Lucie
|
|
| Docket Date |
2021-04-05
|
| Type |
Brief
|
| Subtype |
Jurisdictional Brief
|
| Description |
Jurisdictional Brief
|
| On Behalf Of |
City of Port St. Lucie
|
|
| Docket Date |
2021-03-25
|
| Type |
Order
|
| Subtype |
Order to File Response re Jurisdiction
|
| Description |
AA - File Statement for Basis of Jurisdiction ~ ORDERED that, within ten (10) days from the date of this order, appellant shall file in this court a brief statement explaining the basis for this court's subject matter jurisdiction over the order appealed in this case, citing supporting legal authorities. Appellant shall specifically address how the February 22, 2021 "order on Suffolk Construction Company's motion to dismiss the second amended complaint or in the alternative partial motion to dismiss counts III and IV" is an appealable final order pursuant to Florida Rule of Appellate Procedure 9.110 as the order does not enter judgment for or against either party and does not contain words of finality. Paige v. Am. Sec. Ins. Co., 987 So. 2d 128, 129 (Fla. 4th DCA 2008) (finding that an order lacking words of finality is not a final judgment); Caufield v. Cantele, 837 So. 2d 371, 375 (Fla. 2002) ("A final judgment is one which ends the litigation between the parties and disposes of all issues involved such that no further action by the court will be necessary."); furtherAppellee may file a response within ten (10) days of service of that statement.
|
|
| Docket Date |
2021-03-25
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid Through Portal
|
| On Behalf Of |
City of Port St. Lucie
|
|
| Docket Date |
2021-03-24
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
ORD-Pay Filing Fee-Civil Appeal ~ The jurisdiction of this court was invoked by filing of a Notice of Appeal in the lower tribunal. The $300.00 filing fee, or a circuit court clerk's determination of indigent status, did not accompany the Notice of Appeal as required in Florida Rules of Appellate Procedure 9.110(b) and 9.140(a). The filing fee is due and payable at the time of filing REGARDLESS OF WHETHER THE APPEAL IS LATER DISMISSED VOLUNTARILY OR ADVERSELY.ORDERED that appellant shall pay the $300.00 filing fee or file the circuit court clerk's determination of indigent status in this court within ten (10) days from the date of this order. The fee may be paid electronically through the Florida Courts E-Filing Portal – see the court’s website for details. Failure to comply within the time prescribed will result in dismissal of this cause and may result in the court sanctioning of any party, or the party's attorney, who has not paid the filing fee. The attorney filing the Notice of Appeal has a duty to tender the filing fee to the appellate court when the appeal is initiated. See In Re Payment of Filing Fees, 744 So. 2d 1025 (Fla. 4th DCA 1997). Failure of the attorney to pay will result in referral to the Department of Financial Services for collection.**NOTE: This order does not toll the time for filing any pleadings necessary to prosecute this appeal and no extensions of time will be entertained. Once the fee is paid, it is not refundable. Except for dismissal, this court will take no action in this appeal until the filing fee is paid or until a circuit court clerk's determination of indigent status is filed.
|
|
| Docket Date |
2021-03-24
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
City of Port St. Lucie
|
|
| Docket Date |
2021-03-24
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2021-03-24
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
|
