|
JAMES S. LAVOLD, INC., VS FIRE ALARM SPECIALISTS, INC.,
|
3D2021-2243
|
2021-11-17
|
Closed
|
|
| Classification |
NOA Final - County Civil - Other
|
| Court |
3rd District Court of Appeal
|
| Originating Court |
County Court for the Eleventh Judicial Circuit, Miami-Dade County
15-9761 CC
|
Parties
| Name |
JAMES S. LAVOLD, INC.
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Russell M. Landy, JOHNNY P. ELHACHEM
|
|
| Name |
FIRE ALARM SPECIALISTS, INC.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
DANIEL R. VEGA, Vanessa A. Van Cleaf, TIMOTHY D. CORWIN
|
|
| Name |
Hon. Maria D. Ortiz
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Miami-Dade Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2021-11-19
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
FIRE ALARM SPECIALISTS, INC.
|
|
| Docket Date |
2021-11-19
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid Through Portal
|
| On Behalf Of |
JAMES S. LAVOLD, INC.
|
|
| Docket Date |
2021-11-18
|
| Type |
Notice
|
| Subtype |
Notice of Filing
|
| Description |
Notice of Filing ~ CERTIFICATE OF SERVICE
|
| On Behalf Of |
JAMES S. LAVOLD, INC.
|
|
| Docket Date |
2023-01-13
|
| Type |
Order
|
| Subtype |
Order on Motion For Substitution of Counsel
|
| Description |
Substitution of Counsel Recognized (OR44D) ~ The Joint Stipulation for Substitution of Counsel filed January 11, 2023, is recognized by the Court.
|
|
| Docket Date |
2023-01-11
|
| Type |
Motions Relating to Parties and Counsel
|
| Subtype |
Motion For Substitution of Counsel
|
| Description |
Motion For Substitution of Counsel
|
| On Behalf Of |
FIRE ALARM SPECIALISTS, INC.
|
|
| Docket Date |
2022-11-18
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2022-11-18
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2022-11-02
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed - Per Curiam Affirmed
|
|
| Docket Date |
2022-11-02
|
| Type |
Order
|
| Subtype |
Order on Motion For Attorney's Fees
|
| Description |
Attorney Fees Granted (OG47) ~ Upon consideration of Appellee’s Motion for Appellate Attorneys’ Fees, it is ordered that said Motion is granted, and the matter is remanded to the trial court to fix the amount.
|
|
| Docket Date |
2022-10-18
|
| Type |
Misc. Events
|
| Subtype |
Oral Argument Date Set
|
| Description |
Oral Argument Date Set ~ 3DCA
|
|
| Docket Date |
2022-08-24
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice ~ NOTICE OF ACKNOWLEDGMENT
|
| On Behalf Of |
FIRE ALARM SPECIALISTS, INC.
|
|
| Docket Date |
2022-08-19
|
| Type |
Notice
|
| Subtype |
Notice of Oral Argument
|
| Description |
Notice of Oral Argument ~ The above-styled cause will be set for oral argument on TUESDAY, OCTOBER 18, 2022, at 9:30 A.M., before the Third District Court of Appeal, which is located at 2001 S.W. 117 Avenue, Miami, Florida 33175-1716.All counsel and self-represented parties (if applicable) who will appear to argue this cause before the Court must complete and return the attached Notice of Acknowledgment within seven (7) days of this Notice. The parties will be allowed FILLIN "10, 15 or 20 minutes" \* MERGEFORMAT fifteen (15) minutes per side to present their arguments. Counsel is cautioned that failure to timely respond to this Order will result in the case being set for in-person oral argument.PLEASE NOTE THIS NOTICE AND THE ATTACHED ACKNOWLEDGEMENT FORM HAVE CHANGED. PLEASE READ CAREFULLY. THE PARTIES MAY SELECT IN-PERSON OR REMOTE APPEARANCE. COUNSEL (AND SELF-REPRESENTED PARTIES, IF APPLICABLE) MUST CONFER AND SEEK AGREEMENT UPON THE METHOD OF APPEARANCE (IN-PERSON OR REMOTE) PRIOR TO COMPLETING AND RETURNING THE ATTACHED NOTICE OF ACKNOWLEDGEMENT FORM. Upon receipt of the acknowledgement form, the Court shall send out a notice of in-person (if all parties agree to appear in-person), remote (if all parties agree to appear remotely), or hybrid (if one or more parties will appear in-person, but other(s) will appear remotely) oral argument.It is your responsibility to contact the Clerk’s office if you do not receive a notice reflecting the specific date and time for oral argument 7 days before the week specified above. If this is a criminal appeal, in compliance with Marsy’s Law, the State of Florida is hereby directed to provide notice of this oral argument to the victims, as defined by Marsy’s Law. The Court reserves the right to remove the case from the oral argument calendar at any time before the date of oral argument. Additionally, the Court reserves the right to change the date, time, and method of appearance of the oral argument. Please review any amended or updated notice carefully. Similar or related cases should be brought to the attention of the Oral Argument Clerk at (305) 229-3200 ext. 3258. Absence of counsel at the time this case is called shall be deemed a waiver of oral argument.
|
|
| Docket Date |
2022-06-08
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant's Reply Brief ~ APPELLANT'S REPLY BRIEF
|
| On Behalf Of |
JAMES S. LAVOLD, INC.
|
|
| Docket Date |
2022-05-03
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Clerk's notice granting eot (CLKEX) ~ RB-30 days to 6/08/2022
|
|
| Docket Date |
2022-05-02
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Reply Brief
|
| Description |
Mot. for Extension of Time to File Reply Brief ~ UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILEREPLY BRIEF
|
| On Behalf Of |
JAMES S. LAVOLD, INC.
|
|
| Docket Date |
2022-04-25
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ APPELLANT'S RESPONSE IN OPPOSITION TOAPPELLEE'S MOTION FOR APPELLATE ATTORNEYS' FEES
|
| On Behalf Of |
JAMES S. LAVOLD, INC.
|
|
| Docket Date |
2022-04-08
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief
|
| On Behalf Of |
FIRE ALARM SPECIALISTS, INC.
|
|
| Docket Date |
2022-04-08
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
|
| On Behalf Of |
FIRE ALARM SPECIALISTS, INC.
|
|
| Docket Date |
2022-03-04
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Notice of Agreed Extension of Time
|
| On Behalf Of |
FIRE ALARM SPECIALISTS, INC.
|
|
| Docket Date |
2022-03-04
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ AB-45 days to 4/21/2022
|
|
| Docket Date |
2022-02-04
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion/Request for Oral Argument
|
| Description |
Request for Oral Argument
|
| On Behalf Of |
JAMES S. LAVOLD, INC.
|
|
| Docket Date |
2022-02-04
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
JAMES S. LAVOLD, INC.
|
|
| Docket Date |
2022-01-25
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ IB-10 days to 2/04/2022
|
|
| Docket Date |
2022-01-25
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Notice of Agreed Extension of Time
|
| On Behalf Of |
JAMES S. LAVOLD, INC.
|
|
| Docket Date |
2022-01-12
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Record on Appeal
|
| On Behalf Of |
Miami-Dade Clerk
|
|
| Docket Date |
2021-11-17
|
| Type |
Order
|
| Subtype |
Certificate of Service
|
| Description |
Ap/ant Ordered to File Cert. of Serv. (OR50) ~ All pleadings filed in this Court must be served on each party and contain a certificate of service stating the names and addresses of those served. See Fla. R. App. P. 9.420. Within ten (10) days from the date of this Order, counsel for the appellant is directed to file with this Court a certificate of service indicating the addresses of all the parties in this appeal.
|
|
| Docket Date |
2021-11-17
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed ~ INCOMPLETE CERTIFICATE OF SERVICE
|
| On Behalf Of |
JAMES S. LAVOLD, INC.
|
|
| Docket Date |
2021-11-17
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter ~ Acknowledgment of new case with attachments. **The $300 filing fee for an appeal is due.
|
|
| Docket Date |
2021-11-17
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
|
|
JAMES S. LAVOLD, INC., VS FIRE ALARM SPECIALISTS, INC.,
|
3D2021-0221
|
2021-01-13
|
Closed
|
|
| Classification |
NOA Final - County Civil - Other
|
| Court |
3rd District Court of Appeal
|
| Originating Court |
Circuit Court for the Eleventh Judicial Circuit, Miami-Dade County
20-206 AP
County Court for the Eleventh Judicial Circuit, Miami-Dade County
15-9761 CC
|
Parties
| Name |
JAMES S. LAVOLD, INC.
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
ORRIN R. BEILLY
|
|
| Name |
FIRE ALARM SPECIALISTS, INC.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Vanessa A. Van Cleaf, DANIEL R. VEGA, TIMOTHY D. CORWIN
|
|
| Name |
Hon. Maria D. Ortiz
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Miami-Dade Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2021-02-02
|
| Type |
Notice
|
| Subtype |
Voluntary Dismissal
|
| Description |
Voluntary Dismissal Recognized (OG33) ~ IT IS HEREBY ORDERED that Appellant’s Notice of Voluntary Dismissal of Appeal is recognized by the Court, and this appeal from the County Court for Miami-Dade County, Florida, is hereby dismissed.
|
|
| Docket Date |
2021-01-22
|
| Type |
Order
|
| Subtype |
Order to Serve Brief
|
| Description |
AA to file intitial brief w/in 10 days (OR21A) ~ Pursuant to the time schedule provided in the Florida Rules of Appellate Procedure, the time for filing the initial brief has expired. This cause will be subject to dismissal unless the document referred to is filed within ten (10) days from the date of this Order, or within said time the Court is otherwise notified that this matter is being diligently prosecuted.
|
|
| Docket Date |
2021-01-20
|
| Type |
Order
|
| Subtype |
Order on Motion to Transfer
|
| Description |
Order in Transferred Cases
|
|
| Docket Date |
2021-02-02
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2021-02-02
|
| Type |
Mandate
|
| Subtype |
Disp. w/o Mandate
|
| Description |
Disp w/o mandate
|
|
| Docket Date |
2021-02-02
|
| Type |
Disposition by Opinion
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Clerk
|
|
| Docket Date |
2021-02-01
|
| Type |
Motions Other
|
| Subtype |
Motion/Notice Voluntary Dismissal
|
| Description |
Notice of Voluntary Dismissal
|
| On Behalf Of |
JAMES S. LAVOLD, INC.
|
|
| Docket Date |
2021-01-20
|
| Type |
Notice
|
| Subtype |
Notice of Related Case or Issue
|
| Description |
Notice of Similar or Related Case
|
| On Behalf Of |
FIRE ALARM SPECIALISTS, INC.
|
|
| Docket Date |
2021-01-14
|
| Type |
Motions Other
|
| Subtype |
Motion To Dismiss
|
| Description |
Motion To Dismiss
|
| On Behalf Of |
FIRE ALARM SPECIALISTS, INC.
|
|
| Docket Date |
2021-01-14
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
FIRE ALARM SPECIALISTS, INC.
|
|
| Docket Date |
2021-01-14
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix
|
| On Behalf Of |
FIRE ALARM SPECIALISTS, INC.
|
|
| Docket Date |
2021-01-13
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter ~ Acknowledgment of new case letter with attachments.
|
|
| Docket Date |
2021-01-13
|
| Type |
Notice
|
| Subtype |
Circuit Court Appeal Documents
|
| Description |
Circuit Court Transfer Appeal Documents ~ ALL CASE DOCUMENTS
|
| On Behalf Of |
FIRE ALARM SPECIALISTS, INC.
|
|
| Docket Date |
2021-01-13
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
NF:Not Required
|
|
|
|
JAMES S. LAVOLD, INC., etc., VS ORACLE ELEVATOR COMPANY, etc.,
|
3D2020-0264
|
2020-02-06
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
3rd District Court of Appeal
|
| Originating Court |
Circuit Court for the Eleventh Judicial Circuit, Miami-Dade County
14-29304
|
Parties
| Name |
JAMES S. LAVOLD, INC.
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
ORRIN R. BEILLY
|
|
| Name |
ORACLE ELEVATOR COMPANY
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Sheldon R. Rosenthal
|
|
| Name |
HON. RODNEY SMITH
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Hon. Veronica Diaz
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Miami-Dade Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2021-01-12
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2020-12-11
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2020-12-11
|
| Type |
Order
|
| Subtype |
Order on Motion for Reconsideration/Rehearing of an Order
|
| Description |
Rehearing denied (OD57) ~ Appellant’s Response to Motion for Rehearing, filed on December 8, 2020, is noted.Upon consideration, Appellee’s Motion for Rehearing is hereby denied. FERNANDEZ, LOGUE and LINDSEY, JJ., concur.
|
|
| Docket Date |
2020-12-08
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ RESPONSE TO MOTION FOR RE-HEARING
|
| On Behalf Of |
JAMES S. LAVOLD, INC.
|
|
| Docket Date |
2020-11-23
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion for Rehearing
|
| Description |
Motion For Rehearing
|
| On Behalf Of |
ORACLE ELEVATOR COMPANY
|
|
| Docket Date |
2020-11-20
|
| Type |
Motion
|
| Subtype |
Attorney's Fees
|
| Description |
Attorneys fees denied (OD47) ~ Upon consideration of the Motion for Appellate Attorney Fees filed by the appellee, it is ordered that said Motion is hereby denied. FERNANDEZ, LOGUE and LINDSEY, JJ., concur.
|
|
| Docket Date |
2020-11-18
|
| Type |
Disposition by Opinion
|
| Subtype |
Reversed
|
| Description |
Reversed - Per Curiam Opinion ~ and remanded.
|
|
| Docket Date |
2020-09-02
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
Miscellaneous Motion Granted (OG999) ~ Appellant's Motion for Re-Hearing of the Court's July 17, 2020, Order is granted to clarify that all claims, other than those pertaining to attorney's fees, are dismissed. Appellant's Motion for Re-Hearing En Banc is hereby denied as moot.
|
|
| Docket Date |
2020-08-19
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief
|
| On Behalf Of |
ORACLE ELEVATOR COMPANY
|
|
| Docket Date |
2020-08-19
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
|
| On Behalf Of |
ORACLE ELEVATOR COMPANY
|
|
| Docket Date |
2020-08-03
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion for Rehearing En Banc
|
| Description |
Motion For Rehearing EN BANC
|
| On Behalf Of |
JAMES S. LAVOLD, INC.
|
|
| Docket Date |
2020-07-17
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
MISCELLANEOUS ORDER (OR999) ~ Following review of Appellant’s Response, it is ordered that Appellee’s Motion to Dismiss and/or Strike Appellant’s Appeal is hereby denied-in-part as to the claims pertaining to the amount of attorney’s fees. The Motion to Dismiss is granted as to all other remaining claims.
|
|
| Docket Date |
2020-06-30
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ RESPONSE TO MOTION TO DISMISS
|
| On Behalf Of |
JAMES S. LAVOLD, INC.
|
|
| Docket Date |
2020-06-15
|
| Type |
Motions Other
|
| Subtype |
Motion To Dismiss
|
| Description |
Motion To Dismiss ~ APPELLEE'S MOTION TO DISMISS AND/OR STRIKE APPELLANT'S APPEAL
|
| On Behalf Of |
ORACLE ELEVATOR COMPANY
|
|
| Docket Date |
2020-06-02
|
| Type |
Order
|
| Subtype |
Order on Motion to Supplement Record
|
| Description |
Mot to Supplement Rec w/attachment Granted (OG13) ~ Appellant’s Motion to Supplement the Record, filed on May 27, 2020, is granted, and the record on appeal is supplemented to include the May 9, 2017, transcript that is attached to said Motion.
|
|
| Docket Date |
2020-05-27
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ IB-1 days to 5/27/20
|
|
| Docket Date |
2020-05-27
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
JAMES S. LAVOLD, INC.
|
|
| Docket Date |
2020-05-27
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion to Supplement Record
|
| Description |
Motion to Supplement the Record
|
| On Behalf Of |
JAMES S. LAVOLD, INC.
|
|
| Docket Date |
2020-05-26
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Notice of Agreed Extension of Time ~ NOTICE OF AGREED EXTENSION OF TIME
|
| On Behalf Of |
JAMES S. LAVOLD, INC.
|
|
| Docket Date |
2020-05-19
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ IB-7 days to 5/23/20
|
|
| Docket Date |
2020-05-18
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Notice of Agreed Extension of Time
|
| On Behalf Of |
JAMES S. LAVOLD, INC.
|
|
| Docket Date |
2020-04-15
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ IB-30 days to 5/16/20
|
|
| Docket Date |
2020-04-14
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Notice of Agreed Extension of Time ~ NOTICE OF AN EXTENSION OF TIME
|
| On Behalf Of |
JAMES S. LAVOLD, INC.
|
|
| Docket Date |
2020-04-07
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Record on Appeal
|
| On Behalf Of |
Miami-Dade Clerk
|
|
| Docket Date |
2020-02-17
|
| Type |
Notice
|
| Subtype |
Notice of Filing
|
| Description |
Notice of Filing ~ NOTICE OF FILING
|
| On Behalf Of |
JAMES S. LAVOLD, INC.
|
|
| Docket Date |
2020-02-07
|
| Type |
Order
|
| Subtype |
Show Cause re No Order Appealed
|
| Description |
AA TO FILE ORDER APPEALED (OR34) ~ Counsel for Appellant is ordered to file, within ten (10) days from the date of this Order, a conformed copy of the January 7, 2020 order designated in the Notice of Appeal. See Fla. R. App. P. 9.110(d).
|
|
| Docket Date |
2020-02-06
|
| Type |
Notice
|
| Subtype |
Notice of Appeal Transmittal Form
|
| Description |
Notice of Transmittal--NOA
|
| On Behalf Of |
ORACLE ELEVATOR COMPANY
|
|
| Docket Date |
2020-02-06
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter ~ Acknowledgment of new case with attachments. **The $300 filing fee for an appeal is due.
|
|
| Docket Date |
2020-02-06
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
|
|
JAMES S. LAVOLD, INC., ETC. VS ORACLE ELEVATOR COMPANY, ETC.
|
SC2018-0137
|
2018-01-19
|
Closed
|
|
| Classification |
Discretionary Review - Notice to Invoke - Direct Conflict of Decisions
|
| Court |
Supreme Court of Florida
|
| Originating Court |
Circuit Court for the Eleventh Judicial Circuit, Miami-Dade County
3D17-2145
Circuit Court for the Eleventh Judicial Circuit, Miami-Dade County
132014CA029304000001
|
Parties
| Name |
JAMES S. LAVOLD, INC.
|
| Role |
Petitioner
|
| Status |
Active
|
| Representations |
Orrin R. Beilly
|
|
| Name |
Oracle Elevator Company, etc.
|
| Role |
Respondent
|
| Status |
Active
|
| Representations |
SHELDON R. ROSENTHAL
|
|
| Name |
Hon. Rodney Smith
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Hon. Harvey Ruvin
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
| Name |
Hon. Mary Cay Blanks
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2018-03-19
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ Response to Appellee's Motion for Appellate Attorney Fees
|
| On Behalf Of |
James S. Lavold, Inc.
|
| View |
View File
|
|
| Docket Date |
2018-07-12
|
| Type |
Disposition
|
| Subtype |
Rev DY Lack Juris
|
| Description |
DISP-REV DY LACK JURIS ~ This cause having heretofore been submitted to the Court on jurisdictional briefs and portions of the record deemed necessary to reflect jurisdiction under Article V, Section 3(b), Florida Constitution, and the Court having determined that it should decline to accept jurisdiction, it is ordered that the petition for review is denied.No motion for rehearing will be entertained by the Court. See Fla. R. App. P. 9.330(d)(2).
|
|
| Docket Date |
2018-07-12
|
| Type |
Order
|
| Subtype |
Atty Fees GR ($2500 - J/O)
|
| Description |
ORDER-ATTY FEES GR ($2500 - J/O) ~ The motion for attorney's fees is granted and it is ordered that Respondent shall recover from Petitioner the amount of $2,500.00 for the services of Respondent's attorney in this Court.
|
|
| Docket Date |
2018-06-18
|
| Type |
Letter-Case
|
| Subtype |
Case Status Inquiry
|
| Description |
LETTER-CASE STATUS INQUIRY ~ Placed with file.
|
| On Behalf Of |
Oracle Elevator Company, etc.
|
| View |
View File
|
|
| Docket Date |
2018-06-14
|
| Type |
Letter-Case
|
| Subtype |
Case Status Inquiry
|
| Description |
LETTER-CASE STATUS INQUIRY ~ See ACKNOWLEDGMENT LETTER-MODIFIED-CASE PENDING dated 6/14/18
|
| On Behalf Of |
Oracle Elevator Company, etc.
|
| View |
View File
|
|
| Docket Date |
2018-03-09
|
| Type |
Brief
|
| Subtype |
Juris Answer
|
| Description |
JURIS ANSWER BRIEF ~ Respondent's Brief on Jurisdiction
|
| On Behalf Of |
Oracle Elevator Company, etc.
|
| View |
View File
|
|
| Docket Date |
2018-03-09
|
| Type |
Motion
|
| Subtype |
Attorney's Fees
|
| Description |
MOTION-ATTORNEYS FEES ~ Motion for Attorney's Fees
|
| On Behalf Of |
Oracle Elevator Company, etc.
|
| View |
View File
|
|
| Docket Date |
2018-02-21
|
| Type |
Order
|
| Subtype |
Brief Amendment
|
| Description |
ORDER-BRIEF AMENDMENT GR ~ Petitioner's Motion for Leave to File Second Amended Jurisdiction Brief is granted and said amended brief was filed with this Court on February 20, 2018.Petitioner's jurisdiction brief filed with this Court on February 7, 2018, is hereby stricken.
|
|
| Docket Date |
2018-02-20
|
| Type |
Brief
|
| Subtype |
Juris Initial (Amended)
|
| Description |
JURIS INITIAL AMD BRIEF ~ Appellant's Second Amended Jurisdiction Brief
|
| On Behalf Of |
James S. Lavold, Inc.
|
| View |
View File
|
|
| Docket Date |
2018-02-20
|
| Type |
Motion
|
| Subtype |
Brief Amendment
|
| Description |
MOTION-BRIEF AMENDMENT ~ Motion for Leave to File Second Amended Jurisdiction Brief
|
| On Behalf Of |
James S. Lavold, Inc.
|
| View |
View File
|
|
| Docket Date |
2018-02-07
|
| Type |
Brief
|
| Subtype |
Appendix-Juris
|
| Description |
APPENDIX-JURIS BRIEF ~ Copy of Appendix filed 2/1/2018
|
| On Behalf Of |
James S. Lavold, Inc.
|
| View |
View File
|
|
| Docket Date |
2018-02-02
|
| Type |
Order
|
| Subtype |
Brief/Appendix Stricken (Non-Compliance)
|
| Description |
ORDER-BRIEF STRICKEN (NON-COMPLIANCE) ~ Petitioner's jurisdictional brief, which was filed with this Court on February 1, 2018, does not comply with Florida Rule of Appellate Procedure 9.210 and is hereby stricken. Petitioner is hereby directed, on or before February 7, 2018, to file an amended jurisdictional brief which is double-spaced and submitted in either Times New Roman 14 point font or Courier New 12 point font. It shall contain, in the following order: a cover sheet, a table of contents, a table of citations, a statement of the case and of the facts, a summary of argument, an argument, a conclusion and include a certificate of compliance which immediately follows the certificate of service. The brief must not exceed ten pages. The table of contents and citations, the certificates of service and compliance, and the signature block for the brief's author, shall be excluded from the computation. The appendix shall contain only a copy of the opinion or order of the district court of appeal to be reviewed.
|
|
| Docket Date |
2018-02-01
|
| Type |
Brief
|
| Subtype |
Juris Initial
|
| Description |
JURIS INITIAL BRIEF ~ Appellant's Jurisdictional Brief***Stricken on 2/2/18. No table of contents, table of citations, certificate of compliance.***
|
| On Behalf Of |
James S. Lavold, Inc.
|
| View |
View File
|
|
| Docket Date |
2018-01-30
|
| Type |
Order
|
| Subtype |
Extension of Time (Juris Brief)
|
| Description |
ORDER-EXT OF TIME GR (JURIS BRIEF-PETITIONER) ~ Petitioner's motion for extension of time is granted, and petitioner is allowed to and including February 1, 2018, in which to serve the brief on jurisdiction. Multiple extensions of time for the same filing are discouraged. Absent extenuating circumstances, subsequent requests may be denied. All other times will be extended accordingly.
|
|
| Docket Date |
2018-01-29
|
| Type |
Event
|
| Subtype |
Fee Paid Through Portal
|
| Description |
Fee Paid Through Portal
|
|
| Docket Date |
2018-01-29
|
| Type |
Miscellaneous Document
|
| Subtype |
Pay Case Filing Fee-300
|
| Description |
PAY CASE FILING FEE-300
|
| On Behalf Of |
James S. Lavold, Inc.
|
| View |
View File
|
|
| Docket Date |
2018-01-29
|
| Type |
Motion
|
| Subtype |
Ext of Time (Juris Brief)
|
| Description |
MOTION-EXT OF TIME (JURIS BRIEF) ~ Motion for Extension of Time
|
| On Behalf Of |
James S. Lavold, Inc.
|
| View |
View File
|
|
| Docket Date |
2018-01-25
|
| Type |
Letter-Case
|
| Subtype |
Acknowledgment Letter-New Case-Pay Fee
|
| Description |
ACKNOWLEDGMENT LETTER-NEW CASE-PAY FEE
|
|
| Docket Date |
2018-01-19
|
| Type |
Notice
|
| Subtype |
Invoke Discretionary Jurisdiction
|
| Description |
NOTICE-DISCRETIONARY JURIS (DIRECT CONFLICT)
|
| On Behalf Of |
James S. Lavold, Inc.
|
| View |
View File
|
|
| Docket Date |
2018-01-19
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
|
|
JAMES S. LAVOLD, INC., etc., VS ORACLE ELEVATOR COMPANY, etc.,
|
3D2017-2145
|
2017-09-28
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
3rd District Court of Appeal
|
| Originating Court |
Circuit Court for the Eleventh Judicial Circuit, Miami-Dade County
14-29304
|
Parties
| Name |
JAMES S. LAVOLD, INC.
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
ORRIN R. BEILLY
|
|
| Name |
ORACLE ELEVATOR COMPANY
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Sheldon R. Rosenthal
|
|
| Name |
HON. RODNEY SMITH
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Miami-Dade Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2017-12-01
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ IB-30 days to 12/31/17
|
|
| Docket Date |
2018-07-12
|
| Type |
Supreme Court
|
| Subtype |
Supreme Court Opinion
|
| Description |
Supreme Court Disposition ~ The motion for attorney's fees is granted and it is ordered that respondent shall recover from petitioner the amount of $2,500.00 for the services of respondent's attorney on this court.
|
|
| Docket Date |
2018-01-25
|
| Type |
Supreme Court
|
| Subtype |
Acknowledged Receipt from Supreme Court
|
| Description |
Acknowledged Receipt from Supreme Court
|
|
| Docket Date |
2018-01-18
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
NOTICE OF DISCRETN. JURISDICTN
|
|
| Docket Date |
2018-01-18
|
| Type |
Supreme Court
|
| Subtype |
Notice of Appeal FSC
|
| Description |
Notice of Appeal to Supreme Court
|
| On Behalf Of |
JAMES S. LAVOLD, INC.
|
|
| Docket Date |
2018-01-08
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2018-01-08
|
| Type |
Mandate
|
| Subtype |
Disp. w/o Mandate
|
| Description |
Disp w/o mandate
|
|
| Docket Date |
2017-12-19
|
| Type |
Motions Other
|
| Subtype |
Motion To Dismiss
|
| Description |
Motion to Dismiss Granted (OG32) ~ Following review of appellant's response, it is ordered that appellee's motion to dismiss appeal is granted, and this appeal from the Circuit Court for Miami-Dade County, Florida is hereby dismissed. Upon consideration of appellee's motion for appellate attorney fees, it is ordered that said motion is granted and remanded to the trial court to fix amount under Section 57.105, Florida Statutes, half to be paid by appellant and half to be paid by appellant's attorney.
|
|
| Docket Date |
2017-12-19
|
| Type |
Disposition by Opinion
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Judge
|
|
| Docket Date |
2017-11-30
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Notice of Agreed Extension of Time
|
| On Behalf Of |
JAMES S. LAVOLD, INC.
|
|
| Docket Date |
2017-11-22
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Record on Appeal
|
|
| Docket Date |
2017-11-17
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ to Appellee's Motion for Appellate Attorney Fees
|
| On Behalf Of |
JAMES S. LAVOLD, INC.
|
|
| Docket Date |
2017-11-16
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ to motion to dismiss
|
| On Behalf Of |
JAMES S. LAVOLD, INC.
|
|
| Docket Date |
2017-11-07
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
|
| On Behalf Of |
ORACLE ELEVATOR COMPANY
|
|
| Docket Date |
2017-11-06
|
| Type |
Motions Other
|
| Subtype |
Motion To Dismiss
|
| Description |
Motion To Dismiss ~ OR STRIKE
|
| On Behalf Of |
ORACLE ELEVATOR COMPANY
|
|
| Docket Date |
2017-10-05
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
Order to pay filing fee-civil w/atty (OR14B) ~ This is to notify counsel for appellant that the filing and prosecution of a notice of appeal in this Court is not acceptable without compliance with the Florida Rules of Appellate Procedure. Therefore, this appeal will be dismissed unless the required three hundred ($300.00) dollar fee is paid to the Clerk of the Court on or before October 15, 2017.
|
|
| Docket Date |
2017-09-28
|
| Type |
Notice
|
| Subtype |
Amended Notice of Appeal
|
| Description |
Amended Notice of Appeal
|
| On Behalf Of |
JAMES S. LAVOLD, INC.
|
|
| Docket Date |
2017-09-28
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
| Docket Date |
2017-09-28
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter ~ Acknowledgment of new case with attachments. ** The $300 filing fee for an appeal is due.
|
|
|
|
JAMES S. LAVOLD, INC., VS ORACLE ELEVATOR COMPANY,
|
3D2016-0887
|
2016-04-19
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
3rd District Court of Appeal
|
| Originating Court |
Circuit Court for the Eleventh Judicial Circuit, Miami-Dade County
14-29304
|
Parties
| Name |
JAMES S. LAVOLD, INC.
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
ORRIN R. BEILLY
|
|
| Name |
ORACLE ELEVATOR COMPANY
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Sheldon R. Rosenthal
|
|
| Name |
HON. RODNEY SMITH
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Miami-Dade Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2017-10-27
|
| Type |
Motions Other
|
| Subtype |
Motion To Dismiss
|
| Description |
Motion To Dismiss ~ or strike
|
| On Behalf Of |
ORACLE ELEVATOR COMPANY
|
|
| Docket Date |
2017-01-27
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2017-01-11
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed - Per Curiam Affirmed
|
|
| Docket Date |
2016-11-01
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant's Reply Brief
|
| On Behalf Of |
JAMES S. LAVOLD, INC.
|
|
| Docket Date |
2016-11-01
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix ~ to reply brief.
|
| On Behalf Of |
JAMES S. LAVOLD, INC.
|
|
| Docket Date |
2016-11-01
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Clerk's notice granting eot (CLKEX) ~ RB-1 day to 11/1/16
|
|
| Docket Date |
2016-10-31
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Reply Brief
|
| Description |
Mot. for Extension of Time to File Reply Brief
|
| On Behalf Of |
JAMES S. LAVOLD, INC.
|
|
| Docket Date |
2016-10-19
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Reply Brief
|
| Description |
Extension granted to file reply brief (OG05) ~ Appellant¿s motion for an extension of time to file the reply brief is granted to and including ten (10) days from the date of this order.
|
|
| Docket Date |
2016-10-17
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Reply Brief
|
| Description |
Mot. for Extension of Time to File Reply Brief
|
| On Behalf Of |
JAMES S. LAVOLD, INC.
|
|
| Docket Date |
2016-10-17
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
MISCELLANEOUS ORDER (OR999) ~ Upon consideration of appellee¿s motion to dismiss appeal and/or strike appellant¿s brief and/or strike any reference in appellant¿s brief to interrogatory answers, the motion to dismiss is carried with the case. SUAREZ, C.J., and ROTHENBERG and FERNANDEZ, JJ., concur.
|
|
| Docket Date |
2016-09-28
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief
|
| On Behalf Of |
ORACLE ELEVATOR COMPANY
|
|
| Docket Date |
2016-09-28
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix
|
| On Behalf Of |
ORACLE ELEVATOR COMPANY
|
|
| Docket Date |
2016-09-22
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
MISCELLANEOUS ORDER (OR999) ~ Appellant¿s September 20, 2016 motion to supplement the record is carried with the case.
|
|
| Docket Date |
2016-09-21
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ TO MOTION TO DISMISS
|
| On Behalf Of |
JAMES S. LAVOLD, INC.
|
|
| Docket Date |
2016-09-20
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion to Supplement Record
|
| Description |
Motion to Supplement the Record
|
| On Behalf Of |
JAMES S. LAVOLD, INC.
|
|
| Docket Date |
2016-09-20
|
| Type |
Response
|
| Subtype |
Objection
|
| Description |
Objection ~ to aa motion to supplement the record
|
| On Behalf Of |
ORACLE ELEVATOR COMPANY
|
|
| Docket Date |
2016-09-15
|
| Type |
Motions Other
|
| Subtype |
Motion To Dismiss
|
| Description |
Motion To Dismiss ~ and/or strike aa brief and/or strike any references in aa brief to interrogatory answers
|
| On Behalf Of |
ORACLE ELEVATOR COMPANY
|
|
| Docket Date |
2016-09-12
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
JAMES S. LAVOLD, INC.
|
|
| Docket Date |
2016-08-12
|
| Type |
Motions Other
|
| Subtype |
Motion To Dismiss
|
| Description |
Motion to Dismiss Denied (OD32) ~ Upon consideration, the motion to dismiss filed by appellee is denied. Appellant¿s motion to relinquish jurisdiction is denied. Inasmuch as the record on appeal was filed with this Court on May 17, 2016, appellant¿s July 26, 2016 motion seeking an extension of time for the preparation and filing of the record is denied. Appellant¿s motion for extension of time to file its initial brief is granted to the extent that appellant shall file its initial brief within thirty (30) days from the date of this order, no further extensions shall be granted. Failure to file the initial brief as ordered may result in dismissal of this appeal. SUAREZ, C.J., and ROTHENBERG and FERNANDEZ, JJ., concur.
|
|
| Docket Date |
2016-07-27
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ to aa motion to relinquish jurisdiction and for eot for preparation of record on appeal and to file initial brief
|
| On Behalf Of |
ORACLE ELEVATOR COMPANY
|
|
| Docket Date |
2016-07-26
|
| Type |
Motions Other
|
| Subtype |
Motion To Relinquish Jurisdiction
|
| Description |
Motion To Relinquish Jurisdiction
|
| On Behalf Of |
JAMES S. LAVOLD, INC.
|
|
| Docket Date |
2016-07-26
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time
|
| Description |
Motion for Extension of Time ~ for preparation of the record on appeal and to file AA's initial brief.
|
| On Behalf Of |
JAMES S. LAVOLD, INC.
|
|
| Docket Date |
2016-07-18
|
| Type |
Motions Other
|
| Subtype |
Motion To Dismiss
|
| Description |
Motion To Dismiss ~ appeal for failure to file initial brief
|
| On Behalf Of |
ORACLE ELEVATOR COMPANY
|
|
| Docket Date |
2016-05-17
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Record on Appeal ~ 1 VOLUME.
|
|
| Docket Date |
2016-04-26
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
Order to pay filing fee-civil w/atty (OR14B) ~ This is to notify counsel for appellant that the filing and prosecution of a notice of appeal in this Court is not acceptable without compliance with the Florida Rules of Appellate Procedure. Therefore, this appeal will be dismissed unless the required three hundred ($300.00) dollar fee is paid to the Clerk of the Court on or before May 6, 2016.
|
|
| Docket Date |
2016-04-19
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter ~ Acknowledgment of new case with attachments. ** The $300 filing fee for appeal is due.
|
|
| Docket Date |
2016-04-19
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
| Docket Date |
2016-04-19
|
| Type |
Notice
|
| Subtype |
Notice of Appeal Transmittal Form
|
| Description |
Notice of Transmittal--NOA
|
| On Behalf Of |
JAMES S. LAVOLD, INC.
|
|
|
