| 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 |
2022-04-14
|
| Type |
Order
|
| Subtype |
Order on Motion For Attorney's Fees
|
| Description |
Order Granting Attorney Fees-Offer Judg. ~ ORDERED that appellee Ryan Weaver’s June 1, 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 |
2022-04-14
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed - Per Curiam Affirmed
|
|
| Docket Date |
2021-11-12
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief
|
| On Behalf Of |
Ryan's Construction Services, Inc.
|
|
| Docket Date |
2021-09-27
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
| Description |
Notice of Agreed Extension - Answer Brief
|
| On Behalf Of |
Ryan's Construction Services, Inc.
|
|
| Docket Date |
2021-09-27
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 45 DAYS TO 11/11/21
|
|
| Docket Date |
2021-08-10
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 45 DAYS TO 9/27/21
|
|
| Docket Date |
2021-08-10
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
| Description |
Notice of Agreed Extension - Answer Brief
|
| On Behalf Of |
Ryan's Construction Services, Inc.
|
|
| Docket Date |
2021-07-13
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
James McCaffrey
|
|
| Docket Date |
2021-07-13
|
| Type |
Order
|
| Subtype |
Order Discharging Show Cause Order
|
| Description |
ORD-Discharging Show Cause ~ ORDERED that, upon consideration of appellants’ response filed July 9, 2021 this court's June 29, 2021 order to show cause is discharged. Appellants’ initial brief is deemed filed as of the date of this order.
|
|
| Docket Date |
2021-07-12
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response
|
| On Behalf Of |
Ryan's Construction Services, Inc.
|
|
| Docket Date |
2021-07-09
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ *AND* MOTION FOR EXTENSION
|
| On Behalf Of |
James McCaffrey
|
|
| Docket Date |
2021-06-29
|
| Type |
Order
|
| Subtype |
Show Cause
|
| Description |
Show Cause Lack of Prosecution, Initial Brief ~ ***DISCHARGED 7/13/21***ORDERED that appellants in the above-styled case are directed to show cause in writing, if any there be, on or before July 9, 2021, why the above-styled case should not be dismissed for lack of timely prosecution, in that appellants' initial brief has not been filed with this court as of this date. Failure to respond to this order will result in a sua sponte dismissal without further notice. If the initial brief is filed within this time, the order to show cause will be considered automatically discharged without further order.
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|
| Docket Date |
2021-06-03
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ 2280 PAGES
|
| On Behalf Of |
Clerk - Palm Beach
|
|
| Docket Date |
2021-06-01
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
|
| On Behalf Of |
Ryan's Construction Services, Inc.
|
|
| Docket Date |
2021-06-01
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Ryan's Construction Services, Inc.
|
|
| Docket Date |
2021-05-28
|
| Type |
Order
|
| Subtype |
Order to File Status Report
|
| Description |
Order for Status Report Re: ROA ~ Upon consideration of the Notice of Inability to Transmit Record filed by the clerk of the lower tribunal on May 19, 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 and preparation of the record on appeal.
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|
| Docket Date |
2021-05-19
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice ~ OF INABILITY TO TRANSMIT RECORD
|
| On Behalf Of |
Clerk - Palm Beach
|
|
| Docket Date |
2021-04-20
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Miscellaneous Order ~ Upon consideration of appellants’ April 7, 2021 jurisdictional brief and appellees’ April 14, 2021 response, it is ORDERED that the above-styled appeal shall proceed solely as to the portion of the December 23, 2020 order entering final judgment in favor of the defendant, Ryan Weaver. This court notes that the portion of the December 23, 2020 order merely granting the defendant, Ryan Construction Services, Inc. partial summary judgment as to counts II and XIV is not a final appealable order; thus, the February 19, 2021 order denying the plaintiffs’ motion for rehearing did not toll rendition of filing the notice of appeal. See Arcangeli v. Albertson's Inc., 550 So. 2d 557 (Fla. 5th DCA 1989) (holding that an order which merely grants a motion for summary judgment is not a final appealable order); Mathews v. Urezzio, 788 So. 2d 1133 (Fla. 5th DCA 2001) (holding that the order granting summary judgment was a nonfinal order, and, as such, was not appealable); see also Caufield v. Cantele, 837 So. 2d 371, 376 n.3 (Fla. 2002) (finding that because motions for rehearing are not authorized as to nonfinal orders, they cannot delay the rendering of a nonfinal order).
|
|
| Docket Date |
2021-04-14
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response
|
| On Behalf Of |
Ryan's Construction Services, Inc.
|
|
| Docket Date |
2021-04-14
|
| Type |
Record
|
| Subtype |
Appendix to Response
|
| Description |
Appendix to Response
|
| On Behalf Of |
Ryan's Construction Services, Inc.
|
|
| Docket Date |
2021-04-07
|
| Type |
Brief
|
| Subtype |
Jurisdictional Brief
|
| Description |
Jurisdictional Brief
|
| On Behalf Of |
James McCaffrey
|
|
| Docket Date |
2021-04-05
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid Through Portal
|
| On Behalf Of |
James McCaffrey
|
|
| Docket Date |
2021-04-05
|
| Type |
Brief
|
| Subtype |
Jurisdictional Brief
|
| Description |
Jurisdictional Brief ~ ***STRICKEN 4/5/21***
|
| On Behalf Of |
James McCaffrey
|
|
| Docket Date |
2021-04-05
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Ryan's Construction Services, Inc.
|
|
| Docket Date |
2021-04-05
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
Stricken - Non-Compliance With R. 9.045 ~ ORDERED that appellants’ April 5, 2021 motion for reinstatement 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), and 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 the Rules shall be filed within two (2) days from the date of this order.
|
|
| Docket Date |
2021-03-23
|
| 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 December 23, 2020 "order on defendant, Ryan Construction Services, Inc.'s motion for partial summary judgment and Ryan Weaver's motion for final summary judgment as to plaintiffs' third amended complaint" is an appealable final order pursuant to Florida Rule of Appellate Procedure 9.110 as a portion of the order merely grants a motion for partial summary judgment. See Arcangeli v. Albertson's Inc., 550 So. 2d 557 (Fla. 5th DCA 1989) (holding that an order which merely grants a motion for summary judgment is not a final appealable order); Mathews v. Urezzio, 788 So. 2d 1133 (Fla. 5th DCA 2001) (holding that the order granting summary judgment was a nonfinal order, and, as such, was not appealable); Benton v. Moore, 655 So. 2d 1272 (Fla. 1st DCA 1995) (noting that Florida Rule of Appellate Procedure 9.110(m) gives an appellate court discretion to relinquish jurisdiction to allow a trial court to render a final order, but holding that absent an exceptional circumstance, dismissal is the appropriate course if an appealable order has not been provided by the time the appellate court acts to determine its jurisdiction); furtherAppellees may file a response within ten (10) days of service of that statement.
|
|
| Docket Date |
2021-03-22
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2021-03-22
|
| 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 |
2021-03-19
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2021-03-19
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
James McCaffrey
|
|
