| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County
502014CA010718
|
Parties
| Name |
2700 NORTH OCEAN CONDOMINIUM ASSOCIATION, INC.
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Lilliana M. Farinas-Sabogal, Perry M. Adair
|
|
| Name |
Vanhorn Engineering, LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
ARCHITECTURE METALS LTD. CO.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
2700 NORTH OCEAN LLC
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Daniel J. Santaniello, William Fink, Robert A. Carlson, Lorne E. Berkeley, Ronald S. Nisonson, Courtney Willoughby, Christopher Burrows, Carmen Rodriguez-Altieri, D. Spencer Mallard, Stephen P. Smith, John A. Chiocca, Alicia Z. Gross, Hayley E. Newman, DeeDee D. Hammer, Jason E. Handin, Matthew Margolis, Virginia Paxton, D. Bryan Hill, Jr., Dina Marie Contri, Nicholas P. Conto, Zachary A. Landes, Jason B. Vrbensky, Jeremy C. Daniels, Daniel Eric Levin, Jeremy W. Harris, Benjamin L. Bedard, Michael J. Gore, Lauren Eliopoulos, Bruce R. Calderon, Jennifer Anderson Hoffman, Hugh D. Higgins, Thomas Lee Hunker
|
|
| Name |
POWER DESIGN, INC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
LM Engineering, Inc.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Catalfumo Construction, LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Larsen Products Corporation
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
LAGASSE POOL CONSTRUCTION CO.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
JOHN J. KIRLIN, LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
CATALFUMO CONSTRUCTION AND DEVELOPMENT, INC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
CATALFUMO CONSTRUCTION, INC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
IBA CONSULTANTS, INC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
WENTWORTH CONSTRUCTION COMPANY LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Robert M. Swedroe Architects - Planners, A.I.A., P.A.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
O, N, M & J Inc.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
UNITED FORMING, INC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
O'DONNELL, NACCARATO, MIGNOGNA & JACKSON, INC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
FARMER & IRWIN CORP.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
SUN METALS SYSTEMS, INC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
JJK GROUP, INC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Singer Island Condominium Ltd.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
CATALFUMO CONSTRUCTION LTD.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
BCI, INCORPORATED
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
GENERAL CAULKING & COATINGS CO., INC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Wantman Group, Inc.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Hon. Cymonie Rowe
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Palm Beach
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2020-06-24
|
| Type |
Order
|
| Subtype |
Order on Motion for Rehearing
|
| Description |
ORD-Denying Rehearing ~ Upon consideration of appellee’s June 4, 2020 response, it is ORDERED that appellant’s May 12, 2020 “combined motion for clarification, motion for certification, and motion for written opinion” is denied.
|
|
| Docket Date |
2020-06-04
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response
|
| On Behalf Of |
2700 North Ocean, LLC
|
|
| Docket Date |
2020-05-29
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to File Response
|
| Description |
Grant EOT to file Response ~ ORDERED that appellee, LM Engineering, Inc.'s May 28, 2020 motion for extension of time is granted, and the time for filing a response to appellant’s May 12, 2020 motion for clarification, certification and written opinion is extended to and including June 11, 2020.
|
|
| Docket Date |
2020-05-28
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to File Response
|
| Description |
Motion for Extension of Time to File Response
|
| On Behalf Of |
2700 North Ocean, LLC
|
|
| Docket Date |
2020-05-28
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
Stricken - No or Noncompliant Cert. of Service ~ ORDERED that appellee LM Engineering, Inc.’s May 27, 2020 motion for extension of time is stricken as not in compliance with Florida Rule of Appellate Procedure 9.420(d) in that there is no certificate of service or the certificate of service does not comply in substance with the requirements of Florida Rule of Judicial Administration 2.516(f).
|
|
| Docket Date |
2020-05-27
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to File Response
|
| Description |
Motion for Extension of Time to File Response ~ ***STRICKEN***
|
| On Behalf Of |
2700 North Ocean, LLC
|
|
| Docket Date |
2020-05-12
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion for Rehearing
|
| Description |
Motion For Rehearing ~ "MOTION FOR CLARIFICATION, MOTION FOR CERTIFICATION, AND MOTION FOR WRITTEN OPINION"
|
| On Behalf Of |
2700 North Ocean Condominium Association, Inc.
|
|
| Docket Date |
2020-05-06
|
| Type |
Order
|
| Subtype |
Order on Motion For Attorney's Fees
|
| Description |
Order Granting Attorney's Fees ~ Upon consideration of appellant's May 4, 2020 response, it is ORDERED that appellee LM Engineering Inc.'s April 16, 2020 motion for attorney's fees is granted conditioned on the trial court determining that appellee is entitled to fees under section 768.79, Florida Statutes (2016) and, if so, setting the amount of the attorney's fees to be awarded for this appellate case. If a motion for rehearing is filed in this court, then services rendered in connection with the motion, including, but not limited to, preparation of a responsive pleading, shall be taken into account in computing the amount of the fee.
|
|
| Docket Date |
2020-05-04
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
Stricken - No or Noncompliant Cert. of Service ~ ORDERED that appellant's May 4, 2020 response is stricken as not in compliance with Florida Rule of Appellate Procedure 9.420(d) in that there is no certificate of service or the certificate of service does not comply in substance with the requirements of Florida Rule of Judicial Administration 2.516(f).
|
|
| Docket Date |
2020-05-04
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ TO MOTION FOR ATTORNEY'S FEES
|
| On Behalf Of |
2700 North Ocean Condominium Association, Inc.
|
|
| Docket Date |
2020-05-01
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ ***STRICKEN 5/4/20*** TO MOTION FOR ATTORNEY'S FEES
|
| On Behalf Of |
2700 North Ocean Condominium Association, Inc.
|
|
| Docket Date |
2020-04-27
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
ORD-Sua Sponte Dismissed as Non-Appealable Order ~ Upon consideration of appellant’s April 6, 2020 jurisdictional statement and appellee’s April 16, 2020 response, it is ORDERED sua sponte that the above-styled appeal is dismissed as an appeal from a nonfinal, nonappealable order. See Florida Farm Bureau Gen. Ins. Co. v. Peacock’s Excavating Serv., Inc., 186 So. 3d 6 (Fla. 2d DCA 2015); Mendez v. West Flagler Family Ass’n Inc., 303 So. 2d 1 (Fla. 1974). Further,ORDERED that appellant has until May 1, 2020 to file a response to appellee’s April 16, 2020 motion for attorney’s fees.GROSS, GERBER and FORST, JJ., concur.
|
|
| Docket Date |
2020-04-27
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Judge
|
|
| Docket Date |
2020-04-16
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ TO JURISDICTIONAL BRIEF
|
| On Behalf Of |
2700 North Ocean, LLC
|
|
| Docket Date |
2020-04-16
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
|
| On Behalf Of |
2700 North Ocean, LLC
|
|
| Docket Date |
2020-04-13
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
2700 North Ocean, LLC
|
|
| Docket Date |
2020-04-06
|
| Type |
Brief
|
| Subtype |
Jurisdictional Brief
|
| Description |
Jurisdictional Brief
|
| On Behalf Of |
2700 North Ocean Condominium Association, Inc.
|
|
| Docket Date |
2020-04-06
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix ~ TO JURISDICTIONAL BRIEF
|
| On Behalf Of |
2700 North Ocean Condominium Association, Inc.
|
|
| Docket Date |
2020-03-26
|
| Type |
Order
|
| Subtype |
Order to File Response re Jurisdiction
|
| Description |
AA - File Statement for Basis of Jurisdiction ~ ORDERED that within ten (10) days from the date of this order appellant shall file in this court a brief statement explaining the basis for this court's subject matter jurisdiction over the order appealed in this case, citing supporting legal authorities. Appellant shall specifically address how the "final judgment in favor of defendant, L.M. Engineering, Inc. n/k/a GFA International, Inc., against plaintiff, 2700 North Ocean Condominium Association, Inc." is appealable by explaining whether the order involves claims that are legally interrelated or involve the same transactions as any claims still pending before the circuit court. See Florida Farm Bureau Gen. Ins. Co. v. Peacock's Excavating Serv., Inc., 186 So. 3d 6, 9 (Fla. 2d DCA 2015) ("[P]iecemeal appeals should not be permitted where claims are legally interrelated and in substance involve the same transaction.") (quoting Mendez v. W. Flagler Family Ass’n, 303 So. 2d 1, 5 (Fla. 1974)); furtherAppellee may file a response within ten (10) days of service of that statement.
|
|
| Docket Date |
2020-03-26
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
2700 North Ocean, LLC
|
|
| Docket Date |
2020-03-24
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid Through Portal
|
| On Behalf Of |
2700 North Ocean Condominium Association, Inc.
|
|
| Docket Date |
2020-03-24
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
ORD-Pay Filing Fee-Civil Appeal ~ The jurisdiction of this court was invoked by filing of a Notice of Appeal in the lower tribunal. The $300.00 filing fee, or a circuit court clerk's determination of indigent status, did not accompany the Notice of Appeal as required in Florida Rules of Appellate Procedure 9.110(b) and 9.140(a). The filing fee is due and payable at the time of filing REGARDLESS OF WHETHER THE APPEAL IS LATER DISMISSED VOLUNTARILY OR ADVERSELY.ORDERED that appellant shall pay the $300.00 filing fee or file the circuit court clerk's determination of indigent status in this court within ten (10) days from the date of this order. The fee may be paid electronically through the Florida Courts E-Filing Portal – see the court’s website for details. Failure to comply within the time prescribed will result in dismissal of this cause and may result in the court sanctioning of any party, or the party's attorney, who has not paid the filing fee. The attorney filing the Notice of Appeal has a duty to tender the filing fee to the appellate court when the appeal is initiated. See In Re Payment of Filing Fees, 744 So. 2d 1025 (Fla. 4th DCA 1997). Failure of the attorney to pay will result in referral to the Department of Financial Services for collection.**NOTE: This order does not toll the time for filing any pleadings necessary to prosecute this appeal and no extensions of time will be entertained. Once the fee is paid, it is not refundable. Except for dismissal, this court will take no action in this appeal until the filing fee is paid or until a circuit court clerk's determination of indigent status is filed.
|
|
| Docket Date |
2020-03-24
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2020-03-23
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
2700 North Ocean Condominium Association, Inc.
|
|
| Docket Date |
2020-03-23
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
|
