|
RICHARD POLAKOFF and ROBIN POLAKOFF, Appellant(s) v. RIDGEWAY PLUMBING, INC., et al., Appellee(s)
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4D2023-0242
|
2023-01-25
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
CACE18-9777
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Parties
| Name |
Robin Polakoff
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
Richard Polakoff
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Scott N. Gelfand
|
|
| Name |
Classic Floors Ferrazzano
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
SANSONE, LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
FLORIDA WATER GUARD, LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
R Q BUILDING PRODUCTS, INC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
AAA CUSTOM POOLS, INC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
S&S Tile and Marble Services Corp.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
GALE INSULATION COMPANY LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
ACTION ROOFING SERVICES, INC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
TOLL BROS., INC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
RICHARD & RICE CONSTRUCTION COMPANY, INC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Three G Enterprises, Inc.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
PROGRESSIVE PLASTERING, INC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
BUILDER SERVICES GROUP, INC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Toll Architecture
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Italian Terrazzo & Tile Co. of Brevard, L.L.C.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Hon. Michael A. Robinson
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Broward
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
| Name |
RIDGEWAY PLUMBING INC.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Victoria Nicole Godwin-Reese, Carol Marie Rooney, Malcolm Boyd Wiseheart, III, Alexandra Maria Sierra-De Varona, Paul Martin Woodson, Ivan De Jesus Solari, Robert H De Flesco, III, Chad Nathan Dunigan, Katherine Lee Klapsa, F. Bryant Blevins, Vivianne Aurore Wicker, Selina Pravin Patel, Travis William Fulford, Ryan Michael Charlson, Denise M. Anderson, Kathleen DeLoach, César Alejandro Mejía Dueñas, Nicholas David Freeman, Mark Anton Pedisich, Matthew Ryon Olmsted, Edward M. Baird, Daniel Owen McLeod, Gary Francis Baumann, Jana Marie Fried
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|
Docket Entries
| Docket Date |
2024-01-24
|
| Type |
Order
|
| Subtype |
Order on Motion/Request for Oral Argument
|
| Description |
Order on Motion/Request for Oral Argument
|
| View |
View File
|
|
| Docket Date |
2023-12-26
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Reply Brief
|
| Description |
Order on Motion for Extension of Time to Serve Reply Brief
|
| View |
View File
|
|
| Docket Date |
2023-01-26
|
| Type |
Order
|
| Subtype |
Abeyance Order
|
| Description |
Order Holding Case in Abeyance Per R. 9.020(h)(2)(C) ~ This court notes that a motion tolling rendition is pending in the trial court. ORDERED that the above-styled case is held in abeyance until the trial court disposes of the motion and appellant files a copy of the order in this court. On that date, this case shall proceed, and the briefing schedule shall run from that date. See Fla. R. App. P. 9.020(h)(2)(C). If the trial court has not entered an order disposing of the motion within thirty (30) days from the date of this order, appellant shall file a status report with this court as to the progress being made towards disposition of the motion.
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|
| Docket Date |
2023-01-25
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| Type |
Order
|
| Subtype |
Order on Filing Fee
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| 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 required by the applicable rule of procedure and Section 35.22(2)(a), Florida Statutes (2021), is due and payable REGARDLESS OF WHETHER THE APPEAL IS LATER DISMISSED VOLUNTARILY OR ADVERSELY.ORDERED that appellant shall pay the $300.00 filing fee or file the lower tribunal 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 lower tribunal clerk's determination of indigent status is filed.
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| Docket Date |
2024-04-25
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| Type |
Mandate
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| Subtype |
Mandate
|
| Description |
Mandate
|
| View |
View File
|
|
| Docket Date |
2024-04-25
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2024-04-04
|
| Type |
Order
|
| Subtype |
Order on Motion For Attorney's Fees
|
| Description |
Order on Motion For Attorney's Fees
|
| View |
View File
|
|
| Docket Date |
2024-04-04
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed
|
| View |
View File
|
|
| Docket Date |
2024-01-09
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Reply Brief
|
| View |
View File
|
|
| Docket Date |
2023-12-22
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Reply Brief
|
| Description |
Motion for Extension of Time to Serve Reply Brief
|
|
| Docket Date |
2023-12-08
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
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|
| Docket Date |
2023-12-08
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| Type |
Brief
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| Subtype |
Answer Brief
|
| Description |
Answer Brief
|
| On Behalf Of |
Ridgeway Plumbing, Inc.
|
| View |
View File
|
|
| Docket Date |
2023-12-05
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| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
| Description |
Order on Motion for Extension of Time to Serve Answer Brief
|
| View |
View File
|
|
| Docket Date |
2023-12-04
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Answer Brief
|
| Description |
Motion for Extension of Time to Serve Answer Brief
|
|
| Docket Date |
2023-11-28
|
| Type |
Record
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| Subtype |
Supplemental Record
|
| Description |
Supplemental Record - 70 Pages
|
| On Behalf Of |
Clerk - Broward
|
|
| Docket Date |
2023-11-16
|
| Type |
Order
|
| Subtype |
Order on Motion to Supplement Record & EOT/Toll Briefing
|
| Description |
Order on Motion to Supplement Record & EOT for Brief
|
| View |
View File
|
|
| Docket Date |
2023-11-15
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| Type |
Motions Relating to Records
|
| Subtype |
Motion to Supplement Record & EOT/Toll Briefing
|
| Description |
Motion to Supplement Record & EOT for Answer Brief
|
|
| Docket Date |
2023-10-05
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| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
30 DAYS TO 11/17/2023.
|
|
| Docket Date |
2023-10-05
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
| Description |
Notice of Agreed Extension of Time - Answer Brief
|
| On Behalf Of |
Ridgeway Plumbing, Inc.
|
|
| Docket Date |
2023-09-11
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
30 DAYS TO 10/18/2023.
|
|
| Docket Date |
2023-09-11
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
| Description |
Notice of Agreed Extension of Time - Answer Brief
|
| On Behalf Of |
Ridgeway Plumbing, Inc.
|
|
| Docket Date |
2023-08-02
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 30 DAYS TO 09/18/2023.
|
|
| Docket Date |
2023-08-02
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
| Description |
Notice of Agreed Extension - Answer Brief
|
| On Behalf Of |
Ridgeway Plumbing, Inc.
|
|
| Docket Date |
2023-08-01
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion/Request for Oral Argument
|
| Description |
Request for Oral Argument
|
| On Behalf Of |
Richard Polakoff
|
|
| Docket Date |
2023-07-19
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| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
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| On Behalf Of |
Richard Polakoff
|
|
| Docket Date |
2023-06-20
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| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
Order Granting EOT for Initial Brief ~ ORDERED that appellants’ June 20, 2023 motion for extension of time is granted, and appellants shall serve the initial brief on or before July 20, 2023. In addition, if the initial brief is not served within the time provided for in this order, the above-styled case may be subject to dismissal or the court in its discretion may impose other sanctions.
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| Docket Date |
2023-06-20
|
| 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 |
Richard Polakoff
|
|
| Docket Date |
2023-06-06
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ 10,930 PAGES
|
| On Behalf Of |
Clerk - Broward
|
|
| Docket Date |
2023-05-22
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice ~ OF PAYMENT BY MAIL
|
| On Behalf Of |
Richard Polakoff
|
|
| Docket Date |
2023-05-19
|
| Type |
Order
|
| Subtype |
Order on Motion to Relinquish Jurisdiction
|
| Description |
ORD-Deny Relinquishment of Jurisdiction ~ Upon consideration of appellees’ May 16, 2023 response, it is ORDERED that appellants’ May 8, 2023 motion is denied to the extent appellants request postponement of payment of record preparation fees pursuant to this court’s May 3, 2023 order. Further, ORDERED that the motion is denied to the extent appellants request relinquishment. See McNulty v. BankUnited, 140 So. 3d 1041, 1041 (Fla. 3d DCA 2014).
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| Docket Date |
2023-05-16
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| Type |
Response
|
| Subtype |
Response
|
| Description |
Response
|
| On Behalf Of |
Ridgeway Plumbing, Inc.
|
|
| Docket Date |
2023-05-08
|
| Type |
Motions Other
|
| Subtype |
Motion To Relinquish Jurisdiction
|
| Description |
Motion To Relinquish Jurisdiction ~ AND POSTPONE ORDER DATEDMAY 3, 2023 REQUIRING PAYMENT OF THE RECORD ON APPEAL
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| On Behalf Of |
Richard Polakoff
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|
| Docket Date |
2023-05-03
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| Type |
Order
|
| Subtype |
Order
|
| Description |
Miscellaneous Order ~ ORDERED that, upon consideration of appellants’ May 2, 2023 status report, appellants shall pay all record preparation fees due to the clerk of the lower tribunal within five (5) days from the date of this order, without prejudice to moving to supplement the record if circumstances require.
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|
| Docket Date |
2023-05-02
|
| Type |
Misc. Events
|
| Subtype |
Status Report
|
| Description |
Status Report
|
| On Behalf Of |
Richard Polakoff
|
|
| Docket Date |
2023-04-27
|
| Type |
Order
|
| Subtype |
Order to File Status Report
|
| Description |
Order for Status Report Re: ROA ~ Upon consideration of the Notice of Inability to Transmit the Record filed by the clerk of the lower tribunal on April 19, 2023, it is ORDERED that appellant shall file a report, within five (5) days from the date of this order, as to the status of the payment for the record on appeal.
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| Docket Date |
2023-04-19
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| Type |
Notice
|
| Subtype |
Notice of Inability
|
| Description |
Notice of non-payment for record
|
| On Behalf Of |
Clerk - Broward
|
|
| Docket Date |
2023-03-01
|
| Type |
Misc. Events
|
| Subtype |
Miscellaneous Trial Court Order
|
| Description |
ORD-FROM CIRCUIT COURT/AGENCY
|
| On Behalf Of |
Richard Polakoff
|
|
| Docket Date |
2023-01-26
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| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Ridgeway Plumbing, Inc.
|
|
| Docket Date |
2023-01-25
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
Richard Polakoff
|
|
| Docket Date |
2023-01-25
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid Through Portal
|
| On Behalf Of |
Richard Polakoff
|
|
| Docket Date |
2023-01-25
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| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
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HARRIS KREICHMAN, et al. VS ENGINEERED AIR, LLC, et al.
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4D2022-2718
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2022-10-07
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Closed
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
2017CA005964
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Parties
| Name |
Matthew Kreichman
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
Lori Kreichman
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
Michael Kreichman
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
Harris Kreichman
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Scott N. Gelfand
|
|
| Name |
Preferred Air Conditioning & Mechnical, Inc.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
ENGINEERED AIR, LLC
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Geoffrey R. Lutz, Lyman S. Bradford, Gabriel Adrian Costa, Deborah Verley, Robert O. Dugan, John A. Chiocca, Kara Olesky, Ivan D. Solari, Joshua Golembe, Daniel McLeod, Travis Fulford, Ryan M. Charlson, Edward M. Baird, Thomas J. McCausland, Carol M. Rooney, Jason Cohen, Shari Scalone, Evan Roberts, Katherine L. Klapsa, Richard S. Cohen, Nicholas D. Freeman, David L. Rosinsky, Chad N. Dunigan, Thomas A. Berger, Donell A. Hicks, Robert J. Squire, Adrien Glezil
|
|
| Name |
LINDSTROM AIR CONDITIONING, INC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
PROGRESSIVE PLASTERING, INC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
GALE INSULATION COMPANY LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
R Q BUILDING PRODUCTS, INC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Italian Terrazzo and Tile Co. of Brevard, LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
COMPLETE INTERIOR SYSTEMS, INC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
FLORIDA WATER GUARD, LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
TOLL BROS., INC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
RIDGEWAY PLUMBING INC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Toll Architecture
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
CINEMA SOUND UNLIMITED, INC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
EKA BUILDERS, INC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
BUILDER SERVICES GROUP, INC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Three G Enterprises, Inc.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
E.R.L. SERVICES INC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Quality Marble Floors, Inc.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
RICHARD & RICE CONSTRUCTION COMPANY, INC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Classic Floors Ferrazzano
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
ACTION ROOFING SERVICES, INC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
TRAYLOR ELECTRIC COMPANY, INC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
SANSONE, LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Hon. Jack B. Tuter
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Broward
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2022-12-02
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
Order Granting Voluntary Dismissal ~ Pursuant to the November 30, 2022 notice of voluntary dismissal, this case is dismissed.
|
|
| Docket Date |
2022-12-02
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Clerk
|
|
| Docket Date |
2022-11-30
|
| Type |
Motions Other
|
| Subtype |
Motion/Notice Voluntary Dismissal
|
| Description |
Notice of Voluntary Dismissal ~ WITH PREJUDICE AS TO ACTION ROOFING SERVICES, INC.
|
| On Behalf Of |
Harris Kreichman
|
|
| Docket Date |
2022-11-04
|
| Type |
Order
|
| Subtype |
Order on Motion for Reinstatement
|
| Description |
ORD-Reinstatement ~ ORDERED that appellants' November 3, 2022 motion for reinstatement is granted, and the above-styled appeal is reinstated.
|
|
| Docket Date |
2022-11-03
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
Stricken - No or Noncompliant Cert. of Service ~ ORDERED that appellants’ November 2, 2022 motion is stricken as not in compliance with Florida Rule of Appellate Procedure 9.420(d) in that there is no certificate of service.
|
|
| Docket Date |
2022-11-03
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion For Reinstatement
|
| Description |
Motion For Reinstatement
|
| On Behalf Of |
Harris Kreichman
|
|
| Docket Date |
2022-11-02
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion For Reinstatement
|
| Description |
Motion For Reinstatement ~ **STRICKEN**
|
| On Behalf Of |
Harris Kreichman
|
|
| Docket Date |
2022-11-02
|
| Type |
Misc. Events
|
| Subtype |
Miscellaneous Docket Entry
|
| Description |
Miscellaneous Entry/Document ~ Invoice voided
|
|
| Docket Date |
2022-11-01
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid Through Portal
|
| On Behalf Of |
Harris Kreichman
|
|
| Docket Date |
2022-11-01
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
ORD-Sua Sponte Dismiss-No Filing Fee ~ **REINSTATED 11/04/2022** ORDERED sua sponte that the above-styled appeal is dismissed for non-payment of the $300.00 filing fee.
|
|
| Docket Date |
2022-11-01
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Clerk
|
|
| Docket Date |
2022-10-11
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Engineered Air, LLC
|
|
| Docket Date |
2022-10-07
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
Harris Kreichman
|
|
| Docket Date |
2022-10-07
|
| 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 required by the applicable rule of procedure and Section 35.22(2)(a), Florida Statutes (2021), is due and payable REGARDLESS OF WHETHER THE APPEAL IS LATER DISMISSED VOLUNTARILY OR ADVERSELY.ORDERED that appellant shall pay the $300.00 filing fee or file the lower tribunal 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 lower tribunal clerk's determination of indigent status is filed.
|
|
| Docket Date |
2022-10-07
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2022-10-07
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
|
|
HARRIS KREICHMAN, et al VS ENGINEERED AIR, LLC, et al
|
4D2021-0943
|
2021-03-01
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
2017CA005964
|
Parties
| Name |
Michael Kreichman
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
Matthew Kreichman
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
Harris Kreichman
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Scott N. Gelfand
|
|
| Name |
Lori Kreichman
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
Preferred Air Conditioning & Mechnical, Inc.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
ENGINEERED AIR, LLC
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Travis Fulford, Ryan M. Charlson, Richard S. Cohen, Michael Kiernan, Jana Marie Fried, Albert E. Blair, W. Bradley Burnette, Adrien Glezil, Ivan D. Solari, Daniel McLeod, Katherine L. Klapsa, Thomas J. McCausland, Lyman S. Bradford, Nicholas D. Freeman, Robert J. Squire, Kara Olesky, Evan Roberts, Geoffrey R. Lutz, Elmer Joseph Generotti, Chad N. Dunigan, Edward M. Baird, Robert O. Dugan, Jason Cohen, John A. Chiocca, David L. Rosinsky, Donell A. Hicks, Gabriel Adrian Costa, Carol M. Rooney, Thomas A. Valdez, Deborah Verley, Thomas A. Berger, Joshua Golembe
|
|
| Name |
GALE INSULATION COMPANY LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
RIDGEWAY PLUMBING INC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Quality Marble Floors, Inc.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
TRAYLOR ELECTRIC COMPANY, INC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
TOLL BROS., INC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
SANSONE, LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
CINEMA SOUND UNLIMITED, INC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
R Q BUILDING PRODUCTS, INC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
EKA BUILDERS, INC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Italian Terrazzo and Tile Co. of Brevard, LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
LINDSTROM AIR CONDITIONING, INC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
E.R.L. SERVICES INC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
COMPLETE INTERIOR SYSTEMS, INC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
ACTION ROOFING SERVICES, INC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Toll Architecture
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
PROGRESSIVE PLASTERING, INC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
FLORIDA WATER GUARD, LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
RICHARD & RICE CONSTRUCTION COMPANY, INC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
BUILDER SERVICES GROUP, INC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Three G Enterprises, Inc.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Classic Floors Ferrazzano
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Hon. Jack B. Tuter
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Broward
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2022-05-06
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2022-05-06
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2022-04-18
|
| Type |
Order
|
| Subtype |
Order on Motion For Attorney's Fees
|
| Description |
Order Granting Attorney Fees-Offer Judg. ~ ORDERED that appellee Action Roofing Services, Inc.’s November 23, 2021 motion for appellate attorney's fees is granted conditioned on the trial court determining that appellee is entitled to fees under section 768.79, Florida Statutes (2021), 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 |
2022-03-31
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed - Per Curiam Affirmed
|
|
| Docket Date |
2021-12-28
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant's Reply Brief
|
| On Behalf Of |
Harris Kreichman
|
|
| Docket Date |
2021-12-27
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ TO MOTION FOR APPELLATE ATTORNEYS' FEES
|
| On Behalf Of |
Harris Kreichman
|
|
| Docket Date |
2021-12-13
|
| Type |
Record
|
| Subtype |
Supplemental Record
|
| Description |
Supplemental Records ~ 20 PAGES
|
| On Behalf Of |
Clerk - Broward
|
|
| Docket Date |
2021-12-08
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion to Supplement Record
|
| Description |
Motion To File Supplemental Record
|
| On Behalf Of |
Engineered Air, LLC
|
|
| Docket Date |
2021-12-08
|
| Type |
Order
|
| Subtype |
Order on Motion to Supplement Record & EOT/Toll Briefing
|
| Description |
Order Granting Motion to Supplement the Record ~ ORDERED that appellees’ December 8, 2021 motion 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 supplemental material in this court within ten (10) days from the date of this order. Appellees shall monitor the supplementation process.
|
|
| Docket Date |
2021-12-01
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Reply Brief
|
| Description |
Order Granting EOT for Appellant's Reply Brief ~ ORDERED that appellants’ November 30, 2021 motion for extension of time is granted in part, and appellants shall serve the reply brief within fifteen (15) days from the current due date. In addition, if the reply brief is served after the time provided for in this order, it may be stricken.
|
|
| Docket Date |
2021-11-30
|
| 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 |
Harris Kreichman
|
|
| Docket Date |
2021-11-23
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief ~ Action Roofing Services, Inc.
|
| On Behalf Of |
Engineered Air, LLC
|
|
| Docket Date |
2021-11-23
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees ~ **RESPONSE FILED 12/27/2021**
|
| On Behalf Of |
Engineered Air, LLC
|
|
| Docket Date |
2021-10-18
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
| Description |
Notice of Agreed Extension - Answer Brief ~ Action Roofing Services, Inc.
|
| On Behalf Of |
Engineered Air, LLC
|
|
| Docket Date |
2021-10-18
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 30 DAYS TO 11/24/2021
|
|
| Docket Date |
2021-09-20
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
| Description |
Notice of Agreed Extension - Answer Brief ~ Action Roofing Services, Inc.
|
| On Behalf Of |
Engineered Air, LLC
|
|
| Docket Date |
2021-09-20
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 30 DAYS TO 10/25/2021
|
|
| Docket Date |
2021-09-03
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Engineered Air, LLC
|
|
| Docket Date |
2021-08-18
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 30 DAYS TO 09/24/2021
|
|
| Docket Date |
2021-08-18
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
| Description |
Notice of Agreed Extension - Answer Brief ~ Action Roofing Services, Inc.
|
| On Behalf Of |
Engineered Air, LLC
|
|
| Docket Date |
2021-08-02
|
| Type |
Record
|
| Subtype |
Supplemental Record
|
| Description |
Supplemental Records ~ 128 PAGES
|
| On Behalf Of |
Clerk - Broward
|
|
| Docket Date |
2021-07-26
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
Harris Kreichman
|
|
| Docket Date |
2021-07-23
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion to Supplement Record
|
| Description |
Motion To File Supplemental Record
|
| On Behalf Of |
Harris Kreichman
|
|
| Docket Date |
2021-07-23
|
| Type |
Order
|
| Subtype |
Order on Motion to Supplement Record & EOT/Toll Briefing
|
| Description |
Order Granting Motion to Supplement the Record ~ ORDERED that appellants’ July 23, 2021 motion 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 supplemental material in this court within ten (10) days from the date of this order. Appellants shall monitor the supplementation process.
|
|
| Docket Date |
2021-07-07
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
Order Granting EOT for Initial Brief ~ ORDERED that appellants’ July 6, 2021 motion for extension of time is granted, and appellants shall serve the initial brief on or before July 26, 2021. In addition, if the initial brief is not served within the time provided for in this order, the above-styled case may be subject to dismissal or the court in its discretion may impose other sanctions.
|
|
| Docket Date |
2021-07-06
|
| 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 |
Harris Kreichman
|
|
| Docket Date |
2021-06-25
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ 21,016 PAGES
|
| On Behalf Of |
Clerk - Broward
|
|
| Docket Date |
2021-06-01
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
Order Granting EOT for Initial Brief ~ ORDERED that appellants’ May 28, 2021 motion for extension of time is granted, and appellants shall serve the initial brief on or before July 12, 2021. In addition, if the initial brief is not served within the time provided for in this order, the above-styled case may be subject to dismissal or the court in its discretion may impose other sanctions.
|
|
| Docket Date |
2021-05-28
|
| 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 |
Harris Kreichman
|
|
| Docket Date |
2021-05-27
|
| Type |
Misc. Events
|
| Subtype |
Status Report
|
| Description |
Status Report ~ SECOND AMENDED
|
| On Behalf Of |
Harris Kreichman
|
|
| Docket Date |
2021-05-20
|
| Type |
Misc. Events
|
| Subtype |
Status Report
|
| Description |
Status Report ~ AMENDED
|
| On Behalf Of |
Harris Kreichman
|
|
| Docket Date |
2021-05-05
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ TO APPELLANTS' STATUS REPORT
|
| On Behalf Of |
Engineered Air, LLC
|
|
| Docket Date |
2021-05-03
|
| Type |
Misc. Events
|
| Subtype |
Status Report
|
| Description |
Status Report
|
| On Behalf Of |
Harris Kreichman
|
|
| Docket Date |
2021-04-29
|
| Type |
Order
|
| Subtype |
Order to File Status Report
|
| Description |
Order for Status Report Re: ROA ~ Upon consideration of the Affidavit of Non-Payment of Appeal Invoice filed by the clerk of the lower tribunal on April 21, 2021, appellants are ordered to file a report, within ten (10) days from the date of this order, as to the status of the payment for the record on appeal.
|
|
| Docket Date |
2021-04-21
|
| Type |
Misc. Events
|
| Subtype |
Affidavit
|
| Description |
Affidavit ~ OF NON-PAYMENT OF APPEAL INVOICE
|
| On Behalf Of |
Clerk - Broward
|
|
| Docket Date |
2021-04-20
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
ORD-Stricken ~ ORDERED that appellants’ April 19, 2021 amended status report is stricken without prejudice to refiling the status report with an explanation of the status of the payment for and preparation of the record on appeal.
|
|
| Docket Date |
2021-04-19
|
| Type |
Misc. Events
|
| Subtype |
Status Report
|
| Description |
Status Report ~ AMENDED
|
| On Behalf Of |
Harris Kreichman
|
|
| Docket Date |
2021-04-19
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
Stricken - Non-Compliance With R. 9.045 ~ ORDERED that appellants’ April 16, 2021 status report is stricken as not in compliance with Florida Rule of Appellate Procedure 9.045, which became effective January 1, 2021, in that it is a computer-generated document which does not comply with the font requirements set forth in Rule 9.045(b). See Fla. R. App. P. 9.045(b) (“Computer-generated documents shall be filed in either Arial 14-point font or Bookman Old Style 14-point font.”). An amended document in compliance with Rule 9.045 shall be filed within two (2) days from the date of this order.
|
|
| Docket Date |
2021-04-16
|
| Type |
Misc. Events
|
| Subtype |
Status Report
|
| Description |
Status Report
|
| On Behalf Of |
Harris Kreichman
|
|
| Docket Date |
2021-04-09
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Engineered Air, LLC
|
|
| Docket Date |
2021-04-06
|
| Type |
Order
|
| Subtype |
Order to File Status Report
|
| Description |
Order for Status Report Re: ROA ~ Upon consideration of the Affidavit of Non-Payment of Appeal Invoice filed by the clerk of the lower tribunal on March 29, 2021, appellants are ordered to file a report, within ten (10) days from the date of this order, as to the status of the payment and preparation of the record on appeal.
|
|
| Docket Date |
2021-04-06
|
| Type |
Notice
|
| Subtype |
Notice of Filing
|
| Description |
Notice of Filing ~ DIRECTIONS TO CLERK
|
| On Behalf Of |
Harris Kreichman
|
|
| Docket Date |
2021-03-29
|
| Type |
Misc. Events
|
| Subtype |
Affidavit
|
| Description |
Affidavit ~ OF NON-PAYMENT OF APPEAL INVOICE
|
| On Behalf Of |
Clerk - Broward
|
|
| Docket Date |
2021-03-04
|
| Type |
Misc. Events
|
| Subtype |
Miscellaneous Trial Court Order
|
| Description |
ORD-FROM CIRCUIT COURT/AGENCY ~ FINAL JUDGMENT IN FAVOR OF DEFENDANT, ACTION ROOFING SERVICES, INC., ONLY
|
| On Behalf Of |
Harris Kreichman
|
|
| Docket Date |
2021-03-03
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid Through Portal
|
| On Behalf Of |
Harris Kreichman
|
|
| Docket Date |
2021-03-02
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
ORD-Pay Filing Fee-Civil Appeal ~ The jurisdiction of this court was invoked by filing of a Notice of Appeal in the lower tribunal. The $300.00 filing fee, or a circuit court clerk's determination of indigent status, did not accompany the Notice of Appeal as required in Florida Rules of Appellate Procedure 9.110(b) and 9.140(a). The filing fee is due and payable at the time of filing REGARDLESS OF WHETHER THE APPEAL IS LATER DISMISSED VOLUNTARILY OR ADVERSELY.ORDERED that appellant shall pay the $300.00 filing fee or file the circuit court clerk's determination of indigent status in this court within ten (10) days from the date of this order. The fee may be paid electronically through the Florida Courts E-Filing Portal – see the court’s website for details. Failure to comply within the time prescribed will result in dismissal of this cause and may result in the court sanctioning of any party, or the party's attorney, who has not paid the filing fee. The attorney filing the Notice of Appeal has a duty to tender the filing fee to the appellate court when the appeal is initiated. See In Re Payment of Filing Fees, 744 So. 2d 1025 (Fla. 4th DCA 1997). Failure of the attorney to pay will result in referral to the Department of Financial Services for collection.**NOTE: This order does not toll the time for filing any pleadings necessary to prosecute this appeal and no extensions of time will be entertained. Once the fee is paid, it is not refundable. Except for dismissal, this court will take no action in this appeal until the filing fee is paid or until a circuit court clerk's determination of indigent status is filed.
|
|
| Docket Date |
2021-03-02
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2021-03-01
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2021-03-01
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
Harris Kreichman
|
|
|
