AUSTIN COMMERCIAL, LP VS MASSACHEUSETTS MUTUAL LIFE INSURANCE CO., ET AL
|
2D2022-3172
|
2022-09-30
|
Closed
|
|
Classification |
Original Proceedings - Circuit Civil - Certiorari
|
Court |
2nd District Court of Appeal
|
Originating Court |
Circuit Court for the Twentieth Judicial Circuit, Collier County
2018-CA-001623-0001-XX
|
Parties
Name |
EPIC FLOORS SOLUTIONS, INC.
|
Role |
Respondent
|
Status |
Active
|
|
Name |
BARINGS REAL ESTATE ADVISERS LLC
|
Role |
Respondent
|
Status |
Active
|
|
Name |
J&R PLASTER AND STUCCO, INC.
|
Role |
Respondent
|
Status |
Active
|
|
Name |
COMMERCIAL GROUP CONSTRUCTION CORP
|
Role |
Respondent
|
Status |
Active
|
|
Name |
SAGACIOUS STONE, LLC
|
Role |
Respondent
|
Status |
Active
|
|
Name |
VENTANA DBS LLC
|
Role |
Respondent
|
Status |
Active
|
|
Name |
GREAT AMERICAN INSURANCE COMPANY
|
Role |
Respondent
|
Status |
Active
|
|
Name |
ANDERSON PLACE CONSTRUCTION LLC
|
Role |
Respondent
|
Status |
Active
|
|
Name |
HKS, INC.
|
Role |
Respondent
|
Status |
Active
|
|
Name |
TURNKEY INTERNATIONAL, INC.
|
Role |
Respondent
|
Status |
Active
|
|
Name |
DELACRUZ ENTERPRISES, INC.
|
Role |
Respondent
|
Status |
Active
|
|
Name |
BROCKETTE/DAVIS/DRAKE, INC.
|
Role |
Respondent
|
Status |
Active
|
|
Name |
CIVES CORPORATION
|
Role |
Respondent
|
Status |
Active
|
|
Name |
ALVINE AND ASSOCIATES, INC.
|
Role |
Respondent
|
Status |
Active
|
|
Name |
CECO CONCRETE CONSTRUCTION, LLC
|
Role |
Respondent
|
Status |
Active
|
|
Name |
JEROME SPELTZ
|
Role |
Respondent
|
Status |
Active
|
|
Name |
BEAR'S PLUMBING OUF SOUTH FLORIDA INC.
|
Role |
Respondent
|
Status |
Active
|
|
Name |
MARCO HOTEL LLC
|
Role |
Respondent
|
Status |
Active
|
|
Name |
APPLEGATE USA, LLC
|
Role |
Respondent
|
Status |
Active
|
|
Name |
CROWN ROOFING LLC
|
Role |
Respondent
|
Status |
Active
|
|
Name |
GILBANE BUILDING COMPANY
|
Role |
Respondent
|
Status |
Active
|
|
Name |
NATIONAL FIRE PROTECTION, LLC
|
Role |
Respondent
|
Status |
Active
|
|
Name |
LEE DRYWALL, INC.
|
Role |
Respondent
|
Status |
Active
|
|
Name |
PARAGON PAINTING AND WATERPROOFING, INC.
|
Role |
Respondent
|
Status |
Active
|
|
Name |
HON. LAUREN L. BRODIE
|
Role |
Judge/Judicial Officer
|
Status |
Active
|
|
Name |
COLLIER CLERK
|
Role |
Lower Tribunal Clerk
|
Status |
Active
|
|
Name |
AUSTIN COMMERCIAL, LP
|
Role |
Petitioner
|
Status |
Active
|
Representations |
LINDA SPAULDING WHITE, ESQ., MICHAEL K. WILSON, ESQ., ELLEN SMITH, ESQ., MICHAEL W. LEONARD, ESQ., JEREMY T. SPRINGHART, ESQ., MARK A. BOYLE, ESQ.
|
|
Name |
MASSACHEUSETTS MUTUAL LIFE INSURANCE CO.
|
Role |
Respondent
|
Status |
Active
|
Representations |
JOSEPH PUMILIA, HUNTER DANIEL, ESQ., SCOTT W. ROSTOCK, ESQ., DEBBIE SINES CROCKETT, ESQ., GEORGE H. KNOTT, ESQ., MATTHEW M. K. STEIN, ESQ., SHAUN M. GARRY, ESQ., EDWARD K. CHEFFY, ESQ., MARSHALL P. BENDER, ESQ., ELISSA GAINSBURG, ESQ., BROOKE E. BEEBE, ESQ., ROGER C. JONES, ESQ., JEREMY T. SPRINGHART, ESQ., JONATHAN LANNI, ESQ., MILES ARCHABAL, ESQ., DAVID A. ZULIAN, ESQ., DAVID C. MERRILL, ESQ., STEVEN R. ADAMSKY, ESQ., E. HOWANITZ, ESQ., NIKKI BHAVSAR, ESQ., KRISTIAN N. SMITH, ESQ., PENELOPE T. ROWLETT, ESQ., GEORGE W. GIFT, I I I, ESQ., PATRICIA D. CRAUWELS, ESQ., STEVAN PARDO, ESQ., TREVOR B. ARNOLD, ESQ., NICOLE DONNELL, ESQ., JUAN E. ORAMAS, ESQ., WILLIAM ZIEDEN-WEBER, ESQ., ALBERT BLAIR, ESQ., Caroline Newton Catchpole, Esq., MICHELLE M. KRONE, ESQ., BRET M. FELDMAN, ESQ., MARA O' MALLEY, ESQ., CHRISTINE RENELLA, ESQ., MATTHEW L. JONES, ESQ., JORGE L. CRUZ, ESQ., WILLIAM WOODS, ESQ., STEPHEN RAY, ESQ., JENNIFER E. LULGJURAJ, ESQ., THAMIR A. R. KADDOURI, JR., ESQ., MARGUERITE CHARLSON, ESQ., JASON HUNTER KORN, ESQ., STEPHEN W. STUKEY, ESQ., BRYAN DUBON, ESQ., JAMES V. CHIN, ESQ., JOSHUA ALLAN HAJEK, ESQ., MICHAEL K. WILSON, ESQ., JACK SIMMONS, ESQ., IRA LIBANOFF, ESQ., STEVE HURLBUT, ESQ., DENNIS ANDERSON, ESQ., SCOTT REMBOLD, ESQ., R. BARON RINGHOFER, ESQ., JORGE PORRO, ESQ., KURT THALWITZER, ESQ., PETER BAUMBERGER, ESQ., JAY P. DINAN, ESQ., SCOTT T. LASHWAY, ESQ., CHRISTOPHER LISY, ESQ., JOHN NEARY, ESQ., WILLIAM TINSLEY, ESQ., NICHOLE M. KOFORD, ESQ., Warren H. Chin, Esq.
|
|
Docket Entries
Docket Date |
2022-12-30
|
Type |
Disposition
|
Subtype |
Transferred
|
Description |
Transferred - Order by Judge ~ Transferred to the 6DCA.
|
|
Docket Date |
2022-12-30
|
Type |
Disposition by Order
|
Subtype |
Transferred
|
Description |
Transfer to Sixth DCA
|
|
Docket Date |
2022-12-05
|
Type |
Response
|
Subtype |
Response
|
Description |
RESPONSE ~ RESPONDENT MASSACHUSETTS MUTUAL LIFE INSURANCE CO.'S RESPONSE TO PETITION FOR WRIT OF CERTIORARI
|
On Behalf Of |
MASSACHEUSETTS MUTUAL LIFE INSURANCE CO.
|
|
Docket Date |
2022-11-07
|
Type |
Order
|
Subtype |
Order on Miscellaneous Motion
|
Description |
Grant Miscellaneous Motion-79 ~ Respondent's motion for extension of time is granted, and a response to thepetition for writ of certiorari shall be served by December 5, 2022.
|
|
Docket Date |
2022-11-04
|
Type |
Misc. Events
|
Subtype |
Status Report
|
Description |
Status Report ~ PETITIONER'S SUGGESTION OF MOOTNESS
|
On Behalf Of |
AUSTIN COMMERCIAL, LP
|
|
Docket Date |
2022-11-03
|
Type |
Motions Extensions
|
Subtype |
Motion for Extension of Time to File Response
|
Description |
Motion for Extension of Time to File Response ~ RESPONDENT'S AGREED-UPON MOTION FOR EXTENSION OF TIME TO FILE RESPONSE TO PETITION FOR WRIT OF CERTIORARI, IN LIGHT OF ANTICIPATED MOOTNESS OF ISSUE
|
On Behalf Of |
MASSACHEUSETTS MUTUAL LIFE INSURANCE CO.
|
|
Docket Date |
2022-10-25
|
Type |
Misc. Events
|
Subtype |
Pro Hac Vice Fee Paid through Portal
|
Description |
Pro Hac Vice Fee Paid through Portal
|
On Behalf Of |
MASSACHEUSETTS MUTUAL LIFE INSURANCE CO.
|
|
Docket Date |
2022-10-21
|
Type |
Motions Relating to Parties and Counsel
|
Subtype |
Motion to Appear Pro Hac Vice
|
Description |
Motion For Leave To Appear as Foreign Counsel ~ Lisy
|
On Behalf Of |
MASSACHEUSETTS MUTUAL LIFE INSURANCE CO.
|
|
Docket Date |
2022-10-06
|
Type |
Notice
|
Subtype |
Notice of Related Case or Issue
|
Description |
Notice of Related Case
|
On Behalf Of |
AUSTIN COMMERCIAL, LP
|
|
Docket Date |
2022-10-04
|
Type |
Order
|
Subtype |
Order to Respond to Petition
|
Description |
certiorari response - pretrial ~ Respondents shall serve a response to the petition for writ of certiorari within 30days. Petitioner may serve a reply within 30 days thereafter.The parties shall keep this court apprised of all hearings or trial dates that mayaffect this proceeding.
|
|
Docket Date |
2022-10-03
|
Type |
Order
|
Subtype |
Order re Counsel
|
Description |
Order on Foreign Attorney ~ Within twenty days from the date of this order, Attorney Scott T. Lashway, Christopher A. Lisy, Matthew M.K. Stein, Mara A. O’Malley, Stephen E. Ray, John M. Neary, Steve Hurlbut, Dennis C. Anderson, James V. Chin, Kristian N. Smith and Roger C. Jones 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 |
2022-10-03
|
Type |
Letter
|
Subtype |
Acknowledgment Letter
|
Description |
Acknowledgment Letter 1
|
|
Docket Date |
2022-09-30
|
Type |
Petition
|
Subtype |
Petition
|
Description |
Petition Filed
|
On Behalf Of |
AUSTIN COMMERCIAL, LP
|
|
Docket Date |
2022-09-30
|
Type |
Misc. Events
|
Subtype |
Fee Status
|
Description |
FP:Fee Paid Through Portal
|
|
Docket Date |
2022-09-30
|
Type |
Record
|
Subtype |
Appendix
|
Description |
ORIGINAL APPENDIX OR ATTACHMENT
|
On Behalf Of |
AUSTIN COMMERCIAL, LP
|
|
Docket Date |
2022-10-24
|
Type |
Order
|
Subtype |
Order on Motion to Appear Pro Hac Vice
|
Description |
grant pro hac vice and $100 fee ~ Attorney Lashway's motion to appear as a foreign attorney is granted. All parties must serve sponsoring Florida attorneys Edward K. Cheffy, David A. Zulian, and Debbie Sines Crockett with all submissions when serving foreign attorney Scott T. Lashway 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.
|
|
|
AUSTIN COMMERCIAL, LP VS MASSACHEUSETTS MUTUAL LIFE INSURANCE CO., ET AL
|
6D2023-0802
|
2022-09-30
|
Closed
|
|
Classification |
Original Proceedings - Circuit Civil - Certiorari
|
Court |
6th District Court of Appeal
|
Originating Court |
Circuit Court for the Twentieth Judicial Circuit, Collier County
2018-CA-001623-0001-XX
|
Parties
Name |
AUSTIN COMMERCIAL, LP
|
Role |
Petitioner
|
Status |
Active
|
Representations |
MICHAEL K. WILSON, ESQ., MARK A. BOYLE, ESQ., LINDA SPAULDING WHITE, ESQ., JEREMY T. SPRINGHART, ESQ., ELLEN SMITH, ESQ., MICHAEL W. LEONARD, ESQ.
|
|
Name |
CROWN ROOFING LLC
|
Role |
Respondent
|
Status |
Active
|
|
Name |
BARINGS REAL ESTATE ADVISERS LLC
|
Role |
Respondent
|
Status |
Active
|
|
Name |
GREAT AMERICAN INSURANCE COMPANY
|
Role |
Respondent
|
Status |
Active
|
|
Name |
HKS, INC.
|
Role |
Respondent
|
Status |
Active
|
|
Name |
PARAGON PAINTING AND WATERPROOFING, INC.
|
Role |
Respondent
|
Status |
Active
|
|
Name |
BEAR'S PLUMBING OUF SOUTH FLORIDA INC.
|
Role |
Respondent
|
Status |
Active
|
|
Name |
JEROME SPELTZ
|
Role |
Respondent
|
Status |
Active
|
|
Name |
APPLEGATE USA, LLC
|
Role |
Respondent
|
Status |
Active
|
|
Name |
EPIC FLOORS SOLUTIONS, INC.
|
Role |
Respondent
|
Status |
Active
|
|
Name |
CECO CONCRETE CONSTRUCTION, LLC
|
Role |
Respondent
|
Status |
Active
|
|
Name |
BROCKETTE/DAVIS/DRAKE, INC.
|
Role |
Respondent
|
Status |
Active
|
|
Name |
MARCO HOTEL LLC
|
Role |
Respondent
|
Status |
Active
|
|
Name |
TURNKEY INTERNATIONAL, INC.
|
Role |
Respondent
|
Status |
Active
|
|
Name |
LEE DRYWALL, INC.
|
Role |
Respondent
|
Status |
Active
|
|
Name |
DELACRUZ ENTERPRISES, INC.
|
Role |
Respondent
|
Status |
Active
|
|
Name |
COMMERCIAL GROUP CONSTRUCTION CORP
|
Role |
Respondent
|
Status |
Active
|
|
Name |
ALVINE AND ASSOCIATES, INC.
|
Role |
Respondent
|
Status |
Active
|
|
Name |
GILBANE BUILDING COMPANY
|
Role |
Respondent
|
Status |
Active
|
|
Name |
VENTANA DBS LLC
|
Role |
Respondent
|
Status |
Active
|
|
Name |
NATIONAL FIRE PROTECTION, LLC
|
Role |
Respondent
|
Status |
Active
|
|
Name |
J&R PLASTER AND STUCCO, INC.
|
Role |
Respondent
|
Status |
Active
|
|
Name |
CIVES CORPORATION
|
Role |
Respondent
|
Status |
Active
|
|
Name |
ANDERSON PLACE CONSTRUCTION LLC
|
Role |
Respondent
|
Status |
Active
|
|
Name |
SAGACIOUS STONE, LLC
|
Role |
Respondent
|
Status |
Active
|
|
Name |
HON. LAUREN L. BRODIE
|
Role |
Judge/Judicial Officer
|
Status |
Active
|
|
Name |
CRYSTAL K. KINZEL, CLERK
|
Role |
Lower Tribunal Clerk
|
Status |
Active
|
|
Name |
MASSACHEUSETTS MUTUAL LIFE INSURANCE CO.
|
Role |
Respondent
|
Status |
Active
|
Representations |
MARSHALL P. BENDER, ESQ., TREVOR B. ARNOLD, ESQ., MICHAEL K. WILSON, ESQ., SCOTT REMBOLD, ESQ., MILES ARCHABAL, ESQ., JENNIFER E. LULGJURAJ, ESQ., ROGER C. JONES, ESQ., DEBBIE SINES CROCKETT, ESQ., JOHN NEARY, ESQ., E. HOWANITZ, ESQ., EDWARD K. CHEFFY, ESQ., CHRISTOPHER LISY, ESQ., STEVEN R. ADAMSKY, ESQ., JONATHAN LANNI, ESQ., NICOLE DONNELL, ESQ., STEVAN PARDO, ESQ., JAMES V. CHIN, ESQ., BRYAN DUBON, ESQ., SCOTT W. ROSTOCK, ESQ., WILLIAM WOODS, ESQ., Caroline Newton Catchpole, Esq., NIKKI BHAVSAR, ESQ., MATTHEW M. K. STEIN, ESQ., PENELOPE T. ROWLETT, ESQ., JOSHUA ALLAN HAJEK, ESQ., PATRICIA D. CRAUWELS, ESQ., THAMIR A. R. KADDOURI, JR., ESQ., Warren H. Chin, Esq., IRA LIBANOFF, ESQ., SHAUN M. GARRY, ESQ., KURT THALWITZER, ESQ., R. BARON RINGHOFER, ESQ., BROOKE E. BEEBE, ESQ., DAVID A. ZULIAN, ESQ., WILLIAM TINSLEY, ESQ., STEPHEN RAY, ESQ., GEORGE H. KNOTT, ESQ., JASON HUNTER KORN, ESQ., CHRISTINE RENELLA, ESQ., MATTHEW L. JONES, ESQ., WILLIAM ZIEDEN-WEBER, ESQ., DAVID C. MERRILL, ESQ., GEORGE W. GIFT, I I I, ESQ., JORGE L. CRUZ, ESQ., KRISTIAN N. SMITH, ESQ., BRET M. FELDMAN, ESQ., ALBERT BLAIR, ESQ., JUAN E. ORAMAS, ESQ., JOSEPH PUMILIA, MARGUERITE CHARLSON, ESQ., PETER BAUMBERGER, ESQ., NICHOLE M. KOFORD, ESQ., HUNTER DANIEL, ESQ., SCOTT T. LASHWAY, ESQ., ELISSA GAINSBURG, ESQ., STEPHEN W. STUKEY, ESQ., STEVE HURLBUT, ESQ., JAY P. DINAN, ESQ., DENNIS ANDERSON, ESQ., MICHELLE M. KRONE, ESQ., JACK SIMMONS, ESQ., JORGE PORRO, ESQ., MARA O' MALLEY, ESQ., JEREMY T. SPRINGHART, ESQ.
|
|
Docket Entries
Docket Date |
2022-10-24
|
Type |
Order
|
Subtype |
Order on Motion to Appear Pro Hac Vice
|
Description |
grant pro hac vice and $100 fee ~ Attorney Lisy's motion to appear as a foreign attorney is granted. All parties must serve sponsoring Florida attorneys Edward K. Cheffy, David A. Zulian, and Debbie Sines Crockett with all submissions when serving foreign attorney Christopher Lisy 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.
|
|
Docket Date |
2022-10-21
|
Type |
Motions Relating to Parties and Counsel
|
Subtype |
Motion to Appear Pro Hac Vice
|
Description |
Motion For Leave To Appear as Foreign Counsel ~ Lisy
|
On Behalf Of |
MASSACHEUSETTS MUTUAL LIFE INSURANCE CO.
|
|
Docket Date |
2022-10-06
|
Type |
Notice
|
Subtype |
Notice of Related Case or Issue
|
Description |
Notice of Related Case
|
On Behalf Of |
AUSTIN COMMERCIAL, LP
|
|
Docket Date |
2022-10-04
|
Type |
Order
|
Subtype |
Order to Respond to Petition
|
Description |
certiorari response - pretrial ~ Respondents shall serve a response to the petition for writ of certiorari within 30days. Petitioner may serve a reply within 30 days thereafter.The parties shall keep this court apprised of all hearings or trial dates that mayaffect this proceeding.
|
|
Docket Date |
2022-10-03
|
Type |
Letter
|
Subtype |
Acknowledgment Letter
|
Description |
Acknowledgment Letter 1
|
|
Docket Date |
2022-10-03
|
Type |
Order
|
Subtype |
Order re Counsel
|
Description |
Order on Foreign Attorney ~ Within twenty days from the date of this order, Attorney Scott T. Lashway, Christopher A. Lisy, Matthew M.K. Stein, Mara A. O’Malley, Stephen E. Ray, John M. Neary, Steve Hurlbut, Dennis C. Anderson, James V. Chin, Kristian N. Smith and Roger C. Jones 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 |
2022-09-30
|
Type |
Record
|
Subtype |
Appendix
|
Description |
ORIGINAL APPENDIX OR ATTACHMENT ~ **NOTED-SEE 08/01/23 TASK**
|
On Behalf Of |
AUSTIN COMMERCIAL, LP
|
|
Docket Date |
2022-09-30
|
Type |
Misc. Events
|
Subtype |
Fee Status
|
Description |
FP:Fee Paid Through Portal
|
|
Docket Date |
2023-10-06
|
Type |
Misc. Events
|
Subtype |
West Publishing
|
Description |
West Publishing
|
|
Docket Date |
2023-10-06
|
Type |
Mandate
|
Subtype |
Mandate
|
Description |
Mandate
|
|
Docket Date |
2023-08-04
|
Type |
Disposition by Order
|
Subtype |
Dismissed
|
Description |
Order-Petition for Writ of Certiorari Dismissed (C) ~ The Petition for Writ of Certiorari is dismissed as moot.
|
|
Docket Date |
2023-08-04
|
Type |
Disposition
|
Subtype |
Dismissed
|
Description |
Dismissed - Order by Judge ~ Stargel, Wozniak, and Brownlee
|
|
Docket Date |
2023-03-02
|
Type |
Misc. Events
|
Subtype |
Status Report
|
Description |
Status Report ~ RESPONDENT MASSACHUSETTS MUTUAL LIFE INSURANCE CO.'S RESPONSE TO THE COURT'S ORDER ON WHETHER THIS PETITION SHOULD BE DISMISSED AS MOOT
|
On Behalf Of |
MASSACHEUSETTS MUTUAL LIFE INSURANCE CO.
|
|
Docket Date |
2023-02-27
|
Type |
Misc. Events
|
Subtype |
Status Report
|
Description |
Status Report ~ PETITIONER'S SUPPLEMENTAL SUGGESTION OF MOOTNESS
|
On Behalf Of |
AUSTIN COMMERCIAL, LP
|
|
Docket Date |
2023-02-20
|
Type |
Order
|
Subtype |
Order
|
Description |
Miscellaneous Order ~ Upon consideration of the suggestion of mootness filed November 4, 2022, and the response filed December 5, 2022, the parties are ordered to advise this court within 10 days of the date hereof whether this petition should be dismissed as moot.
|
|
Docket Date |
2023-01-03
|
Type |
Letter
|
Subtype |
Acknowledgment Letter
|
Description |
Acknowledgment Letter 1
|
|
Docket Date |
2022-12-30
|
Type |
Disposition by Order
|
Subtype |
Transferred
|
Description |
Transfer to Sixth DCA
|
|
Docket Date |
2022-12-05
|
Type |
Response
|
Subtype |
Response
|
Description |
RESPONSE ~ RESPONDENT MASSACHUSETTS MUTUAL LIFE INSURANCE CO.'S RESPONSE TO PETITION FOR WRIT OF CERTIORARI
|
On Behalf Of |
MASSACHEUSETTS MUTUAL LIFE INSURANCE CO.
|
|
Docket Date |
2022-11-07
|
Type |
Order
|
Subtype |
Order on Miscellaneous Motion
|
Description |
Grant Miscellaneous Motion-79 ~ Respondent's motion for extension of time is granted, and a response to thepetition for writ of certiorari shall be served by December 5, 2022.
|
|
Docket Date |
2022-11-04
|
Type |
Misc. Events
|
Subtype |
Status Report
|
Description |
Status Report ~ PETITIONER'S SUGGESTION OF MOOTNESS
|
On Behalf Of |
AUSTIN COMMERCIAL, LP
|
|
Docket Date |
2022-11-03
|
Type |
Motions Extensions
|
Subtype |
Motion for Extension of Time to File Response
|
Description |
Motion for Extension of Time to File Response ~ RESPONDENT'S AGREED-UPON MOTION FOR EXTENSION OF TIME TO FILE RESPONSE TO PETITION FOR WRIT OF CERTIORARI, IN LIGHT OF ANTICIPATED MOOTNESS OF ISSUE
|
On Behalf Of |
MASSACHEUSETTS MUTUAL LIFE INSURANCE CO.
|
|
Docket Date |
2022-10-25
|
Type |
Misc. Events
|
Subtype |
Pro Hac Vice Fee Paid through Portal
|
Description |
Pro Hac Vice Fee Paid through Portal
|
On Behalf Of |
MASSACHEUSETTS MUTUAL LIFE INSURANCE CO.
|
|
Docket Date |
2022-09-30
|
Type |
Petition
|
Subtype |
Petition
|
Description |
Petition Filed
|
On Behalf Of |
AUSTIN COMMERCIAL, LP
|
|
|
GILBANE BUILDING COMPANY D/B/A MILLS GILBANE VS SARASOTA COUNTY
|
2D2022-0812
|
2022-03-14
|
Closed
|
|
Classification |
NOA Final - Circuit Civil - Other
|
Court |
2nd District Court of Appeal
|
Originating Court |
Circuit Court for the Twelfth Judicial Circuit, Sarasota County
2016-CA-006035NC
|
Parties
Name |
MILLS GILBANE
|
Role |
Appellant
|
Status |
Active
|
|
Name |
GILBANE BUILDING COMPANY
|
Role |
Appellant
|
Status |
Active
|
Representations |
DONALD A. MIHOKOVICH, ESQ., THOMAS H. DART, ESQ., WILLIAM A. DE VAN, ESQ.
|
|
Name |
HON. STEPHEN WALKER
|
Role |
Judge/Judicial Officer
|
Status |
Active
|
|
Name |
SARASOTA CLERK
|
Role |
Lower Tribunal Clerk
|
Status |
Active
|
|
Name |
SARASOTA COUNTY
|
Role |
Appellee
|
Status |
Active
|
Representations |
SCOTT T. BOSSARD, ESQ., Daniel C. Johnson, Esq., FREDERICK J. ELBRECHT, ESQ., BORA S. KAYAN, ESQ.
|
|
Docket Entries
Docket Date |
2022-12-12
|
Type |
Mandate
|
Subtype |
Mandate
|
Description |
Mandate
|
|
Docket Date |
2022-12-12
|
Type |
Misc. Events
|
Subtype |
West Publishing
|
Description |
West Publishing
|
|
Docket Date |
2022-11-16
|
Type |
Disposition by Opinion
|
Subtype |
Affirmed
|
Description |
Affirmed - Per Curiam Affirmed
|
|
Docket Date |
2022-11-08
|
Type |
Misc. Events
|
Subtype |
Oral Argument Date Set
|
Description |
Oral Argument Date Set ~ Tampa
|
|
Docket Date |
2022-08-31
|
Type |
Order
|
Subtype |
Order on Motion/Request for Oral Argument
|
Description |
Amended OA Request Permitted ~ A request for oral argument has been filed in this case. Within five days from the date of this order, any party may file a request that the argument be conducted by video. The manner of oral argument will be decided in the court's discretion. A video request must state the reason in support, and it must indicate that the requesting party has consulted opposing counsel and is authorized to represent that opposing counsel either has no objection or will file an objection. A party objecting to a request to conduct oral argument by video must file a response within five days after service of the request.
|
|
Docket Date |
2022-08-30
|
Type |
Motions Relating to Oral Argument
|
Subtype |
Motion/Request for Oral Argument
|
Description |
Request for Oral Argument
|
On Behalf Of |
GILBANE BUILDING COMPANY
|
|
Docket Date |
2022-08-19
|
Type |
Brief
|
Subtype |
Reply Brief
|
Description |
Appellant Reply Brief
|
On Behalf Of |
GILBANE BUILDING COMPANY
|
|
Docket Date |
2022-08-03
|
Type |
Notice
|
Subtype |
Notice of Related Case or Issue
|
Description |
Notice of Related Case ~ NOTICE OF RELATED CASE
|
On Behalf Of |
GILBANE BUILDING COMPANY
|
|
Docket Date |
2022-07-22
|
Type |
Brief
|
Subtype |
Answer Brief
|
Description |
Appellee Answer Brief
|
On Behalf Of |
SARASOTA COUNTY
|
|
Docket Date |
2022-06-17
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
Description |
ORDER GRANTING EOT FOR ANSWER BRIEF ~ Appellee's motion for extension of time is granted, and the answer brief shall be served by July 22, 2022.
|
|
Docket Date |
2022-06-15
|
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 |
SARASOTA COUNTY
|
|
Docket Date |
2022-05-23
|
Type |
Brief
|
Subtype |
Initial Brief
|
Description |
Initial Appellant Brief on Merits
|
On Behalf Of |
GILBANE BUILDING COMPANY
|
|
Docket Date |
2022-05-02
|
Type |
Record
|
Subtype |
Record on Appeal
|
Description |
Received Records ~ WALKER - REDACTED - 400 PAGES
|
|
Docket Date |
2022-04-12
|
Type |
Order
|
Subtype |
Order on Motion to Appear Pro Hac Vice
|
Description |
grant pro hac vice and $100 fee ~ Attorney DeVan's motion to appear as a foreign attorney is granted. All parties must serve sponsoring Florida attorney Thomas H. Dart with all submissions when serving foreign attorney William A. DeVan with documents.
|
|
Docket Date |
2022-04-11
|
Type |
Motions Relating to Parties and Counsel
|
Subtype |
Motion to Appear Pro Hac Vice
|
Description |
Motion For Leave To Appear as Foreign Counsel ~ William A. DeVan
|
On Behalf Of |
GILBANE BUILDING COMPANY
|
|
Docket Date |
2022-04-04
|
Type |
Motions Relating to Parties and Counsel
|
Subtype |
Motion to Appear Pro Hac Vice
|
Description |
Motion For Leave To Appear as Foreign Counsel ~ REGULAR MAIL COPY, ELECTRONIC COPY TO FOLLOW - William A. DeVan
|
On Behalf Of |
GILBANE BUILDING COMPANY
|
|
Docket Date |
2022-03-16
|
Type |
Order
|
Subtype |
Order
|
Description |
Miscellaneous Order ~ Within fifteen days from the date of this order, Attorney William A. DeVan shall move to appear in this court pro hac vice or he will be removed from this proceeding.
|
|
Docket Date |
2022-03-15
|
Type |
Misc. Events
|
Subtype |
Case Filing Fee Paid through Portal
|
Description |
Case Filing Fee Paid through Portal
|
On Behalf Of |
GILBANE BUILDING COMPANY
|
|
Docket Date |
2022-03-15
|
Type |
Order
|
Subtype |
Order on Filing Fee
|
Description |
fee - civil; atty ~ This appeal has been filed without a filing fee required by section 35.22(2)(a), Florida Statutes, Florida Statutes.If the attorney for appellant has not already done so, they shall forward the required $300.00 filing fee or, if applicable, a certificate or order of the lower tribunal finding appellant insolvent pursuant to section 57.081, Florida Statutes, within twenty days from the date of this order.If this court does not receive either of the above within the prescribed time, this appeal may be subject to dismissal without further notice.
|
|
Docket Date |
2022-03-15
|
Type |
Letter
|
Subtype |
Acknowledgment Letter
|
Description |
Acknowledgment Letter 1
|
|
Docket Date |
2022-03-14
|
Type |
Misc. Events
|
Subtype |
Fee Status
|
Description |
FP:Fee Paid Through Portal
|
|
Docket Date |
2022-03-14
|
Type |
Notice
|
Subtype |
Notice of Appeal
|
Description |
Notice of Appeal Filed ~ W/ORDER
|
On Behalf Of |
GILBANE BUILDING COMPANY
|
|
Docket Date |
2022-09-09
|
Type |
Order
|
Subtype |
Order on Motion/Request for Oral Argument
|
Description |
Oral Argument Notice ~ This case is provisionally set for oral argument on TUESDAY, NOVEMBER 08, 2022, at 11:00 A.M., before: Judge Edward C. LaRose, Judge Susan H. Rothstein-Youakim, Judge Andrea T. Smith. 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. If this is a criminal proceeding where a victim, as defined in article I, section 16(e), Florida Constitution, has invoked their right to notice under article I, section 16(b)(6), the State is directed to provide the victim with notice of this oral argument and of any changes to 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.
|
|
|
SARASOTA COUNTY VS GILBANE BUILDING COMPANY, ET AL.
|
2D2021-3004
|
2021-09-29
|
Closed
|
|
Classification |
NOA Final - Circuit Civil - Other
|
Court |
2nd District Court of Appeal
|
Originating Court |
Circuit Court for the Twelfth Judicial Circuit, Sarasota County
2016-CA-006035NC
|
Parties
Name |
SARASOTA COUNTY
|
Role |
Appellant
|
Status |
Active
|
Representations |
SCOTT T. BOSSARD, ESQ., FREDERICK J. ELBRECHT, ESQ., BORA S. KAYAN, ESQ.
|
|
Name |
MILLS GILBANE
|
Role |
Appellee
|
Status |
Active
|
|
Name |
GILBANE BUILDING COMPANY
|
Role |
Appellee
|
Status |
Active
|
Representations |
WILLIAM A. DE VAN, ESQ., RYAN W. OWEN, ESQ., THOMAS H. DART, ESQ.
|
|
Name |
RHODE ISLAND FIREFIGHTERS
|
Role |
Appellee
|
Status |
Active
|
|
Name |
HON. STEPHEN WALKER
|
Role |
Judge/Judicial Officer
|
Status |
Active
|
|
Name |
SARASOTA CLERK
|
Role |
Lower Tribunal Clerk
|
Status |
Active
|
|
Docket Entries
Docket Date |
2022-08-30
|
Type |
Misc. Events
|
Subtype |
West Publishing
|
Description |
West Publishing
|
|
Docket Date |
2022-08-30
|
Type |
Mandate
|
Subtype |
Mandate
|
Description |
Mandate
|
|
Docket Date |
2022-08-12
|
Type |
Order
|
Subtype |
Order
|
Description |
Miscellaneous Order ~ Appellee Gilbane Building Co. has moved for appellate attorney's fees based on certain proposals for settlement it served in the trial court. Gilbane's motion is conditionally granted. This matter is remanded for a determination of Gilbane's entitlement to fees under section 768.79, Florida Statutes. If a finding of entitlement is made, the trial court shall determine the appropriate amount of the award. See Fla. R. App. P. 9.400(b).
|
|
Docket Date |
2022-08-12
|
Type |
Disposition by Opinion
|
Subtype |
Affirmed
|
Description |
Affirmed - Per Curiam Affirmed
|
|
Docket Date |
2022-08-02
|
Type |
Misc. Events
|
Subtype |
Oral Argument Date Set
|
Description |
Oral Argument Date Set ~ Remote
|
|
Docket Date |
2022-06-07
|
Type |
Order
|
Subtype |
Order Re: Video Oral Argument
|
Description |
OA Notice Video ~ This case is provisionally set for oral argument on TUESDAY, AUGUST 02, 2022, at 9:30 A.M., before: Judge Morris Silberman, Judge Daniel H. Sleet, Judge Susan H. Rothstein-Youakim. The oral argument will be conducted by video conference. The court calendars can be viewed on this court’s website at www.2dca.org. Counsel or parties are requested to sign in 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, the attorneys or parties will be notified by order no less than two weeks before the scheduled date. If this is a criminal proceeding where a victim, as defined in article I, section 16(e), Florida Constitution, has invoked their right to notice under article I, section 16(b)(6), the State is directed to provide the victim with notice of this oral argument and of any changes to 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.Within ten days from the date of this order, any attorney or party who will be presenting argument is requested to provide the Clerk of the Court with the email address where the video invitation should be sent and a telephone number. This information may be sent by email to 2dcaClerk@flcourts.org. The Clerk of the Court will provide each participant with connection instructions, including the opportunity for a test session, before the argument.
|
|
Docket Date |
2022-05-18
|
Type |
Order
|
Subtype |
Order on Motion For Continuation of Oral Argument
|
Description |
ORD-GRANTING CONTINUANCE OF OA ~ Appellant’s motion filed May 17, 2022, for continuance of oral argument is granted. Oral argument scheduled for June 7, 2022, is canceled and will be rescheduled for a later date.
|
|
Docket Date |
2022-05-17
|
Type |
Motions Relating to Oral Argument
|
Subtype |
Motion For Continuation of Oral Argument
|
Description |
Motion For Continuation of Oral Argument ~ APPELLANT, SARASOTA COUNTY, FLORIDA'S MOTION TO CONTINUE ORAL ARGUMENT DATE
|
On Behalf Of |
SARASOTA COUNTY
|
|
Docket Date |
2022-04-22
|
Type |
Order
|
Subtype |
Order on Motion/Request for Oral Argument
|
Description |
Oral Argument Notice ~ This case is provisionally set for oral argument on TUESDAY, JUNE 07, 2022, at 9:30 A.M., before: Judge Anthony K. Black, Judge Susan H. Rothstein-Youakim, Judge Andrea T. Smith. 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. If this is a criminal proceeding where a victim, as defined in article I, section 16(e), Florida Constitution, has invoked their right to notice under article I, section 16(b)(6), the State is directed to provide the victim with notice of this oral argument and of any changes to 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 |
2022-04-07
|
Type |
Order
|
Subtype |
Order on Motion/Request for Oral Argument
|
Description |
Amended OA Request Permitted ~ A request for oral argument has been filed in this case. Within five days from the date of this order, any party may file a request that the argument be conducted by video. The manner of oral argument will be decided in the court's discretion. A video request must state the reason in support, and it must indicate that the requesting party has consulted opposing counsel and is authorized to represent that opposing counsel either has no objection or will file an objection. A party objecting to a request to conduct oral argument by video must file a response within five days after service of the request.
|
|
Docket Date |
2022-04-07
|
Type |
Motions Relating to Oral Argument
|
Subtype |
Motion/Request for Oral Argument
|
Description |
Request for Oral Argument
|
On Behalf Of |
SARASOTA COUNTY
|
|
Docket Date |
2022-04-06
|
Type |
Brief
|
Subtype |
Reply Brief
|
Description |
Appellant Reply Brief
|
On Behalf Of |
SARASOTA COUNTY
|
|
Docket Date |
2022-03-17
|
Type |
Motions Relating to Attorney Fees/Costs
|
Subtype |
Motion For Attorney's Fees
|
Description |
Motion For Attorney's Fees ~ APPELLEE'S MOTION FOR AWARD OF ATTORNEYS' FEES
|
On Behalf Of |
GILBANE BUILDING COMPANY
|
|
Docket Date |
2022-03-10
|
Type |
Record
|
Subtype |
Supplemental Record
|
Description |
Supplemental Records ~ REDACTED - 40 PAGES
|
|
Docket Date |
2022-03-09
|
Type |
Misc. Events
|
Subtype |
Status Report
|
Description |
Status Report
|
On Behalf Of |
SARASOTA CLERK
|
|
Docket Date |
2022-03-07
|
Type |
Brief
|
Subtype |
Answer Brief
|
Description |
Appellee Answer Brief
|
On Behalf Of |
GILBANE BUILDING COMPANY
|
|
Docket Date |
2022-02-07
|
Type |
Order
|
Subtype |
Order on Motion to Supplement Record
|
Description |
ORDER GRANTING MOTION TO SUPPLEMENT THE RECORD ~ Appellant's motion to supplement the record is granted, and appellant shall makearrangements within three days with the clerk of the lower tribunal for thesupplementation of the record with the items mentioned in the motion, with thesupplemental record to be filed in this court within twenty-five days from the date of thisorder.
|
|
Docket Date |
2022-02-04
|
Type |
Brief
|
Subtype |
Initial Brief
|
Description |
Initial Appellant Brief on Merits
|
On Behalf Of |
SARASOTA COUNTY
|
|
Docket Date |
2022-02-04
|
Type |
Motions Relating to Records
|
Subtype |
Motion to Supplement Record & EOT/Toll Briefing
|
Description |
Motion To File Supplemental Record
|
On Behalf Of |
SARASOTA COUNTY
|
|
Docket Date |
2022-01-24
|
Type |
Response
|
Subtype |
Response
|
Description |
RESPONSE ~ APPELLEE GILBANE BUILDING COMPANY'S AMENDED AND CORRECTED OPPOSITION TO APPELLANT SARASOTA COUNTY, FLORIDA'S SECOND MOTION FOR AN EXTENSION OF TIME TO SERVE INITIAL BRIEF.
|
On Behalf Of |
GILBANE BUILDING COMPANY
|
|
Docket Date |
2022-01-21
|
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 shall be served by February 4, 2022. To the extent that Appellant seeks consideration of the transcript mentioned in the motion, Appellant must file a motion to supplement the record with the transcript.
|
|
Docket Date |
2022-01-20
|
Type |
Response
|
Subtype |
Response
|
Description |
RESPONSE ~ APPELLEE GILBANE BUILDING COMPANY'S OPPOSITION TO APPELLANTSARASOTA COUNTY, FLORIDA'S SECOND MOTION FOR AN EXTENSION OFTIME TO SERVE INITIAL BRIEF
|
On Behalf Of |
GILBANE BUILDING COMPANY
|
|
Docket Date |
2022-01-14
|
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 |
SARASOTA COUNTY
|
|
Docket Date |
2021-12-06
|
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 January 14, 2022.
|
|
Docket Date |
2021-12-03
|
Type |
Motions Extensions
|
Subtype |
Motion for Extension of Time to Serve Initial Brief
|
Description |
Mot. for Extension of time to file Initial Brief ~ APPELLANT, SARASOTA COUNTY, FLORIDA'S UNOPPOSED MOTION FOR FIRST EXTENSION OF TIME TO SERVE INITIAL BRIEF
|
On Behalf Of |
SARASOTA COUNTY
|
|
Docket Date |
2021-11-15
|
Type |
Record
|
Subtype |
Exhibits
|
Description |
Received Exhibits ~ NON IMAGE EVIDENCE - 52 PAGES
|
|
Docket Date |
2021-10-14
|
Type |
Order
|
Subtype |
Order on Motion to Appear Pro Hac Vice
|
Description |
grant pro hac vice and $100 fee ~ Attorney DeVan's motion to appear as a foreign attorney is granted. All parties must serve sponsoring Florida attorney Thomas H. Dart with all submissions when serving foreign attorney William A. DeVan 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.
|
|
Docket Date |
2021-10-14
|
Type |
Motions Relating to Parties and Counsel
|
Subtype |
Motion to Appear Pro Hac Vice
|
Description |
Motion For Leave To Appear as Foreign Counsel ~ William A. DeVan
|
On Behalf Of |
GILBANE BUILDING COMPANY
|
|
Docket Date |
2021-09-30
|
Type |
Order
|
Subtype |
Order
|
Description |
Miscellaneous Order ~ Within twenty days from the date of this order, attorney William A. DeVan shall move to appear in this court pro hac vice or he will be removed from this proceeding.
|
|
Docket Date |
2021-09-30
|
Type |
Notice
|
Subtype |
Notice of Appeal
|
Description |
Notice of Appeal Filed ~ NOT CERTIFIED WITH FILING FEE ATTACHED
|
On Behalf Of |
SARASOTA COUNTY
|
|
Docket Date |
2021-09-29
|
Type |
Letter
|
Subtype |
Acknowledgment Letter
|
Description |
Acknowledgment Letter 1
|
|
Docket Date |
2021-09-29
|
Type |
Notice
|
Subtype |
Notice of Appeal
|
Description |
Notice of Appeal Filed ~ w/order appealed
|
On Behalf Of |
SARASOTA COUNTY
|
|
Docket Date |
2021-09-29
|
Type |
Misc. Events
|
Subtype |
Fee Status
|
Description |
FP:Fee Paid Through Portal
|
|
Docket Date |
2021-09-29
|
Type |
Order
|
Subtype |
Order on Filing Fee
|
Description |
fee - civil; atty ~ This appeal has been filed without a filing fee required by section 35.22(2)(a), Florida Statutes, Florida Statutes.If the attorney for appellant has not already done so, they shall forward the required $300.00 filing fee or, if applicable, a certificate or order of the lower tribunal finding appellant insolvent pursuant to section 57.081, Florida Statutes, within twenty days from the date of this order.If this court does not receive either of the above within the prescribed time, this appeal may be subject to dismissal without further notice.
|
|
|
MECHANICAL, INC. VS WALTER G. MILLS, INC., ET AL.,
|
2D2019-2264
|
2019-06-17
|
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-1024-NC
Circuit Court for the Twelfth Judicial Circuit, Sarasota County
2016-CA-2150-NC
|
Parties
Name |
MECHANICAL, INC.
|
Role |
Petitioner
|
Status |
Active
|
Representations |
DIANE R. MC GINNESS, ESQ., JAMES L. PRICE, ESQ.
|
|
Name |
LIBERTY MUTUAL FIRE INSURNCE CO.
|
Role |
Appellee
|
Status |
Active
|
|
Name |
WALTER G. MILLS, INC.
|
Role |
Respondent
|
Status |
Active
|
Representations |
MATTHEW J. LAVISKY, ESQ., ROBIN P. KEENER, ESQ., JESSE R. BUTLER, ESQ., MICHAEL P. MURPHY, ESQ., CAROL M. ROONEY, ESQ., FAY E. RYAN, ESQ.
|
|
Name |
JAMES F. GULSBY PLUMBING, INC.
|
Role |
Respondent
|
Status |
Active
|
|
Name |
GILBANE BUILDING COMPANY
|
Role |
Respondent
|
Status |
Active
|
|
Name |
OWNERS INSURANCE CO.
|
Role |
Respondent
|
Status |
Active
|
|
Name |
SARASOTA CLERK
|
Role |
Lower Tribunal Clerk
|
Status |
Active
|
|
Docket Entries
Docket Date |
2020-02-27
|
Type |
Misc. Events
|
Subtype |
Case Closed
|
Description |
Case Closed
|
|
Docket Date |
2020-02-21
|
Type |
Notice
|
Subtype |
Notice of Change of Address
|
Description |
Notice of Change of Address
|
On Behalf Of |
WALTER G. MILLS, INC.
|
|
Docket Date |
2020-01-31
|
Type |
Disposition
|
Subtype |
Denied
|
Description |
Denied - PC Denied ~ Dismissed
|
|
Docket Date |
2020-01-31
|
Type |
Order
|
Subtype |
Order
|
Description |
Miscellaneous Order ~ Respondent Walter G. Mills, Inc., n/k/a Gilbane Building Company's motion for attorney's fees against Mechanical, Inc., is granted contingent upon a determination that the subcontract providing the basis for these fees is valid and enforceable.
|
|
Docket Date |
2020-01-22
|
Type |
Misc. Events
|
Subtype |
Oral Argument Date Set
|
Description |
Oral Argument Date Set ~ Tampa
|
|
Docket Date |
2019-11-01
|
Type |
Order
|
Subtype |
Order on Motion/Request for Oral Argument
|
Description |
Oral Argument Notice ~ This case is provisionally set for oral argument on WEDNESDAY, JANUARY 22, 2020, at 9:30 A.M., before: Judge Morris Silberman, Judge Edward C. LaRose, 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.
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Docket Date |
2019-12-09
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Type |
Motions Other
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Subtype |
Miscellaneous Motion
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Description |
Miscellaneous Motion ~ TO DISPENSE WITH ORAL ARGUMENT
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On Behalf Of |
WALTER G. MILLS, INC.
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Docket Date |
2020-01-21
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Type |
Record
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Subtype |
Appendix to Motion
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Description |
ALL OTHER MOTIONS APPENDIX/ATTACHMENT ~ APPENDIX TO RESPONDENT, LIBERTY MUTUAL FIRE INSURANCE COMPANY'S UNOPPOSED, MOTION TO FILE APPENDIX OUT OF TIME TO ADD DEFENDANT, OWNERS' INSURANCE COMPANY'S MOTION TO SEVER (FILED JANUARY 20, 2020)
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On Behalf Of |
WALTER G. MILLS, INC.
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Docket Date |
2020-01-21
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Type |
Order
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Subtype |
Order on Miscellaneous Motion
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Description |
Grant Miscellaneous Motion-79 ~ Respondent Liberty Mutual Fire Insurance Company's unopposed motion for leave to file appendix out of time based on exigent circumstances is granted.
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Docket Date |
2020-01-21
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Type |
Motions Other
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Subtype |
Miscellaneous Motion
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Description |
Miscellaneous Motion ~ RESPONDENT LIBERTY MUTUAL FIRE INSURANCE COMPANY'S UNOPPOSED MOTION FOR LEAVE TO FILE APPENDIX OUT OF TIME BASED ON EXIGENT CIRCUMSTANCES
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On Behalf Of |
WALTER G. MILLS, INC.
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Docket Date |
2019-12-19
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Type |
Order
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Subtype |
Order on Miscellaneous Motion
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Description |
Deny Miscellaneous Motion-79a ~ Respondent’s motion to dispense with oral argument is denied.
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Docket Date |
2019-11-13
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Type |
Order
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Subtype |
Order on Miscellaneous Motion
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Description |
Grant Miscellaneous Motion-79 ~ Petitioners' motions for extension of time to serve the replies are treated as motions to accept the replies as timely filed and are granted.
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Docket Date |
2019-11-05
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Type |
Notice
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Subtype |
Notice of Oral Argument
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Description |
Notice of Oral Argument ~ PETITIONER, OWNERS INSURANCE COMPANY'S, REQUEST FOR ORAL ARGUMENT
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On Behalf Of |
WALTER G. MILLS, INC.
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Docket Date |
2019-11-05
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Type |
Response
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Subtype |
Reply
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Description |
REPLY ~ MECHANICAL, INC.'S REPLY TO WALTER G. MILLS, INC., n/k/a GILBANE BUILDING COMPANY'S CONSOLIDATED RESPONSE TO PETITIONS FOR WRIT OF CERTIORARI
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On Behalf Of |
MECHANICAL, INC.
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Docket Date |
2019-10-23
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Type |
Response
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Subtype |
Reply
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Description |
REPLY ~ TO LIBERTY MUTUAL FIRE INSURANCE COMPANY'S RESPONSE TO PETITION FOR WRIT OF CERTIORARI
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On Behalf Of |
MECHANICAL, INC.
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Docket Date |
2019-10-23
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Type |
Motions Other
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Subtype |
Motion To Strike
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Description |
Motion To Strike ~ AND RESPONSE IN OPPOSITION TO RESPONDENT WG MILLS' MOTION FOR ATTORNEY'S FEES
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On Behalf Of |
MECHANICAL, INC.
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Docket Date |
2019-10-14
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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 ~ RESPONDENT, WALTER G. MILLS, INC. n/k/a GILBANE BUILDING COMPANY'S MOTION FOR ATTORNEYS FEES
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On Behalf Of |
WALTER G. MILLS, INC.
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Docket Date |
2019-10-03
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Type |
Motions Extensions
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Subtype |
Motion Extension of Time To Reply To Response
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Description |
Motion Extension of TimeTo Reply To Response ~ PETITIONER, MECHANICAL, INC.'S UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE REPLIES
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On Behalf Of |
MECHANICAL, INC.
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Docket Date |
2019-10-02
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Type |
Motions Extensions
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Subtype |
Motion Extension of Time To Reply To Response
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Description |
Motion Extension of TimeTo Reply To Response ~ PETITIONER, OWNERS' INSURANCE COMPANY'S, UNOPPOSED MOTION FOR EXTENSION OF TIME TO SERVE REPLIES
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On Behalf Of |
WALTER G. MILLS, INC.
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Docket Date |
2019-09-26
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Type |
Response
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Subtype |
Response
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Description |
RESPONSE ~ WALTER G. MILLS, INC. n/k/a GILBANE BOLDING COMPANY'S CONSOLIDATED RESPONSE TO PETITIONERS' PETITIONS FOR WRIT OF CERTIORARI
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On Behalf Of |
WALTER G. MILLS, INC.
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Docket Date |
2019-09-06
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Type |
Response
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Subtype |
Response
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Description |
RESPONSE ~ RESPONDENT, LIBERTY MUTUAL FIRE INSURANCE COMPANY'S CONSOLIDATED RESPONSE TO PETITIONERS' PETITIONS FOR WRIT OF CERTIORARI
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On Behalf Of |
WALTER G. MILLS, INC.
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Docket Date |
2019-08-28
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Type |
Motions Extensions
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Subtype |
Motion for Extension of Time to File Response
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Description |
Motion for Extension of Time to File Response ~ LIBERTY MUTUAL FIRE INSURANCE COMPANY, INDIVIDUALLY AND AS ASSIGNEE OF GILBANE BUILDING COMPANY
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On Behalf Of |
WALTER G. MILLS, INC.
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Docket Date |
2019-08-14
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Type |
Order
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Subtype |
Order on Motion for Extension of Time to File Response
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Description |
grant eot for cert response ~ Respondent's motion for extension of time to serve the response is granted. The response shall be served by September 2, 2019.
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Docket Date |
2019-08-01
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Type |
Motions Extensions
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Subtype |
Motion for Extension of Time to File Response
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Description |
Motion for Extension of Time to File Response
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On Behalf Of |
WALTER G. MILLS, INC.
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Docket Date |
2019-07-31
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Type |
Motions Extensions
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Subtype |
Motion for Extension of Time to File Response
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Description |
Motion for Extension of Time to File Response
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On Behalf Of |
WALTER G. MILLS, INC.
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Docket Date |
2019-07-30
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Type |
Motions Extensions
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Subtype |
Motion for Extension of Time to File Response
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Description |
Motion for Extension of Time to File Response
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On Behalf Of |
WALTER G. MILLS, INC.
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Docket Date |
2019-07-30
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Type |
Notice
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Subtype |
Notice of Appearance
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Description |
Notice of Appearance ~ SECOND AMENDED
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On Behalf Of |
WALTER G. MILLS, INC.
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Docket Date |
2019-07-26
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Type |
Order
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Subtype |
Order on Consolidation
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Description |
Consolidation-130 ~ The above cases are consolidated for review for all purposes. All electronic filings in these consolidated cases shall be filed using the earliest case number.
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Docket Date |
2019-07-09
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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 |
WALTER G. MILLS, INC.
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Docket Date |
2019-07-03
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Type |
Order
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Subtype |
Order to Respond to Petition
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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.
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Docket Date |
2019-07-02
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Type |
Notice
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Subtype |
Notice of Appearance
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Description |
Notice of Appearance ~ AMENDED NOTICE OF APPEARANCE AND EMAIL DESIGNATIONS
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On Behalf Of |
WALTER G. MILLS, INC.
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Docket Date |
2019-06-21
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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 |
WALTER G. MILLS, INC.
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Docket Date |
2019-06-18
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Type |
Letter
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Subtype |
Acknowledgment Letter
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Description |
Acknowledgment Letter 1
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Docket Date |
2019-06-17
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Type |
Record
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Subtype |
Appendix
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Description |
ORIGINAL APPENDIX OR ATTACHMENT
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On Behalf Of |
MECHANICAL, INC.
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Docket Date |
2019-06-17
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Type |
Petition
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Subtype |
Petition
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Description |
Petition Filed
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On Behalf Of |
MECHANICAL, INC.
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Docket Date |
2019-06-17
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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 |
2019-06-17
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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 |
Request for Oral Argument ~ PT JAMES L. PRICE, ESQ. 316570
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On Behalf Of |
MECHANICAL, INC.
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TIMOTHY LEE JOHNSON VS W.G. MILLS, INC., etc., et al.
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4D2013-2672
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2013-07-19
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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 Fifteenth Judicial Circuit, Palm Beach County
2010CA009933MB AI
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Parties
Name |
TIMOTHY LEE JOHNSON
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Role |
Appellant
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Status |
Active
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Representations |
JAY M. WASSERMAN, Craig A. Rubinstein
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Name |
GILBANE BUILDING COMPANY
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Role |
Appellee
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Status |
Active
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Name |
W.G. MILLS, INC.
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Role |
Appellee
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Status |
Active
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Representations |
JOHN B. MARION, DONALD D. CLARK
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Name |
Hon. Meenu Sasser
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Role |
Judge/Judicial Officer
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Status |
Active
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Name |
Clerk - Palm Beach
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Role |
Lower Tribunal Clerk
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Status |
Active
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Docket Entries
Docket Date |
2014-04-24
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Type |
Order
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Subtype |
Order to Register/Update eDCA
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Description |
Counsel to register with eDCA ~ Be advised that Jay M. Wasserman and Donald D. Clark have failed to comply with this Court¿s Administrative Order No. 2013-01, requiring counsel of record to register with the Fourth District Court of Appeal¿s electronic filing system to receive electronic copies of court communications, including but not limited to orders.You are further advised that to receive all communications from this Court in electronic form you must register at www.4dca.org or https://edca.4dca.org.Unless you obtain a hardship waiver of the registration requirement the Clerk of the Court shall cease mailing paper copies of all communications from the Court to you after ten (10) days from the date of this order.Paper copies can be obtained by completing a Copy Request Form located at www.4dca.org.AMERICANS WITH DISABILITIES ACT: If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, the provision of certain assistance. Please contact the Marshal, Daniel DiGiacomo, 4th District Court of Appeal, 1525 Palm Beach Lakes Blvd., West Palm Beach, Florida 33401, telephone (561)242-2000; 1-800-955-8771(TDD): or 1-800-955-8770(V) via Florida Relay Service, at least seven (7) days before your scheduled court appearance, or immediately upon receiving this notification if the time before the scheduled appearance is less than seven (7) days; if you are hearing or voice impaired, call 711.
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Docket Date |
2014-04-23
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Type |
Record
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Subtype |
Supplemental Record
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Description |
Supplemental Records ~ ONE (1) VOLUME ****IN CONFIDENTIAL FOLDER****
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Docket Date |
2014-07-14
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Type |
Misc. Events
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Subtype |
Case Closed
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Description |
Case Closed (Record filed Electronically)
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Docket Date |
2014-06-20
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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 |
2014-06-20
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Type |
Mandate
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Subtype |
Mandate
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Description |
Mandate
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Docket Date |
2014-05-29
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Type |
Order
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Subtype |
Order on Motion For Attorney's Fees
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Description |
Order Granting Attorney Fees-Offer Judg. ~ ORDERED that the appellees' motion for attorney's fees filed December 16, 2013, is granted conditioned on the trial court determining that appellees are entitled to fees under section 768.79 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
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Docket Date |
2014-05-29
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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 |
2014-05-21
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Type |
Misc. Events
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Subtype |
Oral Argument Date Set
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Description |
Oral Argument Date Set
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Docket Date |
2014-04-24
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Type |
Notice
|
Subtype |
Notice
|
Description |
Notice ~ OF COMPLIANCE WITH 4/22/14 ORDER
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On Behalf Of |
TIMOTHY LEE JOHNSON
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Docket Date |
2014-04-22
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Type |
Order
|
Subtype |
Order to Transmit Record/Supplemental Record on Appeal
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Description |
Order Directing Party to File Supplemental ROA ~ Both parties to the instant appeal indicate in their respective briefs that the two settlement agreements executed in connection with the workers' compensation proceedings were filed with this court, under seal, pursuant to this court's September 9, 2013 order granting appellees' motion to supplement the record on appeal. Supplemental records were filed with this court on October 17, 2013. Although the index to the supplemental records lists the sealed filings, the supplemental record contains only the transcripts of the hearings on February 21, 2013, and April 2, 2013. Appellant is hereby ORDERED to cause the record on appeal to be supplemented with the two settlement agreements referenced in the briefs. Appellant shall have seven (7) days from this court's order to supplement the record as ordered.
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Docket Date |
2014-03-19
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Type |
Order
|
Subtype |
Order on Motion/Request for Oral Argument
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Description |
ORD-Setting Oral Argument ~ Oral Argument for Wednesday, May 21, 2014, at 10:00 A.M., 15 minutes per side.
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Docket Date |
2014-01-09
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Type |
Order
|
Subtype |
Order Deferring to Merits Panel
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Description |
ORD-Deferring to Merits Panel ~ The appellees' motion for leave to file reply to appellant's response to motion for appellate attorneys' fees filed on January 2, 2014, is reserved and will be considered along with the merits of the case. The pendency of this motion shall not toll the time for other acts and the parties shall proceed on the merits of the appeal.
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Docket Date |
2014-01-07
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Type |
Response
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Subtype |
Response
|
Description |
Response ~ TO MOTION FOR LEAVE TO FILE REPLY
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On Behalf Of |
TIMOTHY LEE JOHNSON
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Docket Date |
2014-01-02
|
Type |
Motions Other
|
Subtype |
Motion for Leave to File Reply
|
Description |
Motion for leave to file reply ~ ***DEFERRED-SEE 1/9/14 ORDER*** TO AA'S RESPONSE TO MOTION FOR ATTORNEY'S FEES; GRANTED, SEE 5-29-14 ORDER
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On Behalf Of |
W.G. MILLS, INC.
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Docket Date |
2013-12-31
|
Type |
Order
|
Subtype |
Order Striking Filing
|
Description |
ORD-Stricken as Unauthorized ~ ORDERED sua sponte, John B.Marion, Esquire's Reply to Response filed December 26, 2013, is hereby stricken as unauthorized.
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Docket Date |
2013-12-26
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Type |
Response
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Subtype |
Reply to Response
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Description |
Reply to Response ~ TO MOTION FOR ATTORNEY'S FEES
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On Behalf Of |
W.G. MILLS, INC.
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Docket Date |
2013-12-16
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Type |
Response
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Subtype |
Response
|
Description |
Response ~ TO MOTION FOR ATTORNEY'S FEES
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On Behalf Of |
TIMOTHY LEE JOHNSON
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Docket Date |
2013-12-16
|
Type |
Motions Relating to Attorney Fees/Costs
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Subtype |
Motion For Attorney's Fees
|
Description |
Motion For Attorney's Fees
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On Behalf Of |
W.G. MILLS, INC.
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Docket Date |
2013-12-11
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Type |
Brief
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Subtype |
Reply Brief
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Description |
Appellant's Reply Brief
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On Behalf Of |
TIMOTHY LEE JOHNSON
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Docket Date |
2013-12-02
|
Type |
Motions Relating to Oral Argument
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Subtype |
Motion/Request for Oral Argument
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Description |
Request for Oral Argument ~ AE John B. Marion 0348406
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Docket Date |
2013-12-02
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Type |
Brief
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Subtype |
Answer Brief
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Description |
Appellee's Answer Brief
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On Behalf Of |
W.G. MILLS, INC.
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Docket Date |
2013-10-28
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Type |
Notice
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Subtype |
Notice of Agreed Extension of Time - Answer Brief
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Description |
Notice of Agreed Extension - Answer Brief ~ 30 DAYS TO 12/02/13
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Docket Date |
2013-10-17
|
Type |
Record
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Subtype |
Record on Appeal
|
Description |
Received Records ~ FIVE (5) VOLUMES
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Docket Date |
2013-10-02
|
Type |
Notice
|
Subtype |
Notice of Agreed Extension of Time - Answer Brief
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Description |
Notice of Agreed Extension - Answer Brief ~ 30 DAYS TO 11/01/13
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Docket Date |
2013-09-20
|
Type |
Brief
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Subtype |
Amended Initial Brief
|
Description |
Amended Appellant's Initial Brief
|
On Behalf Of |
TIMOTHY LEE JOHNSON
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Docket Date |
2013-09-20
|
Type |
Order
|
Subtype |
Order on Motion For Leave To File Amended Brief
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Description |
Grant Motion Serve Amended Brief ~ ORDERED that the appellant's unopposed motion filed September 16, 2013, for leave to file an amended initial brief is hereby granted. Appellant shall file the amended initial brief with this court within ten (10) days from the date of this order.
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Docket Date |
2013-09-16
|
Type |
Record
|
Subtype |
Appendix
|
Description |
Appendix to Brief ~ TO INITIAL BRIEF
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On Behalf Of |
TIMOTHY LEE JOHNSON
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|
Docket Date |
2013-09-16
|
Type |
Motions Relating to Briefs
|
Subtype |
Motion to Amend Brief
|
Description |
Motion For Leave To File Amended Brief
|
On Behalf Of |
TIMOTHY LEE JOHNSON
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|
Docket Date |
2013-09-12
|
Type |
Brief
|
Subtype |
Initial Brief
|
Description |
Initial Brief on Merits
|
On Behalf Of |
TIMOTHY LEE JOHNSON
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|
Docket Date |
2013-09-12
|
Type |
Motions Relating to Oral Argument
|
Subtype |
Motion/Request for Oral Argument
|
Description |
Request for Oral Argument ~ AA Craig A. Rubinstein 0077755
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|
Docket Date |
2013-09-09
|
Type |
Order
|
Subtype |
Order on Motion to Supplement Record & EOT/Toll Briefing
|
Description |
Order Granting Motion to Supplement the Record ~ ORDERED that appellees' motion filed August 30, 2013, 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 supplemented material in this court within twenty (20) days from the date of this order. Appellees shall monitor the supplementation process.
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Docket Date |
2013-08-30
|
Type |
Motions Relating to Records
|
Subtype |
Motion to Supplement Record
|
Description |
Motion To File Supplemental Record
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|
Docket Date |
2013-08-05
|
Type |
Misc. Events
|
Subtype |
Docketing Statement
|
Description |
Docketing Statement ~ AA Craig A. Rubinstein 0077755
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|
Docket Date |
2013-07-26
|
Type |
Letter
|
Subtype |
Acknowledgment Letter
|
Description |
Acknowledgment Letter
|
|
Docket Date |
2013-07-19
|
Type |
Notice
|
Subtype |
Notice of Appeal
|
Description |
Notice of Appeal Filed
|
On Behalf Of |
TIMOTHY LEE JOHNSON
|
|
Docket Date |
2013-07-19
|
Type |
Misc. Events
|
Subtype |
Order Appealed
|
Description |
**DNU** order appealed ~ attached to NOA
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|
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