WCI COMMUNITIES, LLC, Appellant v. ALTAIRA AT THE COLONY CONDOMINIUM ASSOCIATION, INC., CURTIS GAINES HALL JONES ARCHITECTS, INC., SUFFOLK CONSTRUCTION COMPANY, INC., ABBEY CARPET OF NAPLES, LLC, ACTION AUTOMATIC DOOR COMPANY, ASHCRAFT ARCHITECTURAL STONE SYSTEMS, INC., BCI INCORPORATED, FIELDS DOOR & HARDWARE, INC., GELANDER INDUSTRIES, INC., THE INTERIORS WORKSHOP OF NAPLES, INC., JACKSON POOLS, INC., JENSON UNDERGROUND UTILITIES, INC., NAPLES LUMBER & SUPPLY CO., INC., SPECTRUM CONTRACTING, INC., TIMO BROTHERS, INC., THYSKENKRUPP ELEVATOR CORP., VIKING CONSTRUCTION CORPORATION OF S.W. FLORIDA, WAYNE AUTOMATIC FIRE SPRINKLERS, INC., VICTORI, INC., LENNAR HOMES, LLC, PAGE MECHANCIAL GROUP, INC., CFS ROOFING SERVICES, LLC, COMMUNITY ELECTRIC OF COLLIER, INC., FORD DRYWALL & STUCCO, INC., and WADSWORTH O'NEAL ASSOCIATES, INC., Appellees.
|
6D2024-2397
|
2024-11-08
|
Open
|
|
Classification |
NOA Final - Circuit Civil - Other
|
Court |
6th District Court of Appeal
|
Originating Court |
Circuit Court for the Twentieth Judicial Circuit, Lee County
22-CA-000606
|
Parties
Name |
WCI COMMUNITIES, LLC
|
Role |
Appellant
|
Status |
Active
|
Representations |
Jackeline Sofia Rodriguez, Michael Thomas Relihan
|
|
Name |
ALTAIRA AT THE COLONY CONDOMINIUM ASSOCIATION, INC.
|
Role |
Appellee
|
Status |
Active
|
Representations |
Brett Gold
|
|
Name |
CURTIS GAINES HALL JONES ARCHITECTS, INC.
|
Role |
Appellee
|
Status |
Active
|
Representations |
Curtis Lee Brown, Daniel Joseph Lopez
|
|
Name |
SUFFOLK CONSTRUCTION COMPANY, INC.
|
Role |
Appellee
|
Status |
Active
|
Representations |
Christopher William Brennan, D Spencer Mallard, Nicholas Patrick Conto
|
|
Name |
ACTION AUTOMATIC DOOR COMPANY
|
Role |
Appellee
|
Status |
Active
|
Representations |
Christine Marie Hoke
|
|
Name |
ASHCRAFT ARCHITECTURAL STONE SYSTEMS, INC.
|
Role |
Appellee
|
Status |
Active
|
|
Name |
BCI, INCORPORATED
|
Role |
Appellee
|
Status |
Active
|
Representations |
James Leonard Price, Sara Woolford Mapes
|
|
Name |
FIELDS DOOR & HARDWARE, INC.
|
Role |
Appellee
|
Status |
Active
|
Representations |
Lydia Harley, Tyler Kay Walker
|
|
Name |
GELANDER INDUSTRIES, INC.
|
Role |
Appellee
|
Status |
Active
|
Representations |
Sara Woolford Mapes, Joshua Gaven Harris
|
|
Name |
JACKSON POOLS, INC.
|
Role |
Appellee
|
Status |
Active
|
Representations |
Amy Millan DeMartino
|
|
Name |
JENSON UNDERGROUND UTILITIES, INC.
|
Role |
Appellee
|
Status |
Active
|
Representations |
Alex Michael Sarsfield, Jeffrey Michael Paskert
|
|
Name |
NAPLES LUMBER & SUPPLY CO., INC.
|
Role |
Appellee
|
Status |
Active
|
Representations |
Rolando Osvaldo Martinez, Cary Alan Cash, Kingston George Cash
|
|
Name |
TIMO BROTHERS, INC.
|
Role |
Appellee
|
Status |
Active
|
Representations |
Brandon Aaron Montville, Doryk Byron Graf, Jr.
|
|
Name |
THYSKENKRUPP ELEVATOR CORP.
|
Role |
Appellee
|
Status |
Active
|
Representations |
Robert Eric Sacks, Richard Philip Hermann, II, Jennifer Shafer
|
|
Name |
VIKING CONSTRUCTION CORPORATION OF S.W. FLORIDA
|
Role |
Appellee
|
Status |
Active
|
Representations |
Robert Baron Ringhofer
|
|
Name |
VICTORI INC.
|
Role |
Appellee
|
Status |
Active
|
Representations |
Amid Bennaim, Kevin C Schumacher, Robert Kyle Guinn
|
|
Name |
LENNAR HOMES, LLC
|
Role |
Appellee
|
Status |
Active
|
|
Name |
PAGE MECHANCIAL GROUP, INC.
|
Role |
Appellee
|
Status |
Active
|
Representations |
David Scott Preston, Mark Stephen Tomlinson
|
|
Name |
COMMUNITY ELECTRIC OF COLLIER, INC.
|
Role |
Appellee
|
Status |
Active
|
Representations |
William O. Kratochvil, Joseph Daniel Bootka
|
|
Name |
WADSWORTH O'NEAL ASSOCIATES, INC.
|
Role |
Appellee
|
Status |
Active
|
Representations |
Michael Joseph Corso
|
|
Name |
Hon. James Robert Shenko
|
Role |
Judge/Judicial Officer
|
Status |
Active
|
|
Name |
Lee Clerk
|
Role |
Lower Tribunal Clerk
|
Status |
Active
|
|
Name |
ABBEY CARPET OF NAPLES, LLC
|
Role |
Appellee
|
Status |
Active
|
Representations |
Paul Anthony Giordano, Lydia Harley, Tyler Kay Walker
|
|
Name |
THE INTERIORS WORKSHOP OF NAPLES, INC.
|
Role |
Appellee
|
Status |
Active
|
Representations |
Joseph Laurenc Zollner, Robert Emmett Anderson, Jr.
|
|
Name |
SPECTRUM CONTRACTING, INC.
|
Role |
Appellee
|
Status |
Active
|
Representations |
Guyliana Ashley Plantain, Anthony M Horrnik, Rinaldo J. Cartaya, III, Robert Nathan Johnson, Robert Jason Ruiz, Margaret Mikal Efta
|
|
Name |
WAYNE AUTOMATIC FIRE SPRINKLERS, INC.
|
Role |
Appellee
|
Status |
Active
|
Representations |
Rocky Jay Johnson, Jr., Michael Redmond Gibbons, Brandon David Jose
|
|
Name |
CFS ROOFING SERVICES, LLC
|
Role |
Appellee
|
Status |
Active
|
Representations |
Thamir Kaddouri, Penelope Rowlett, Chelsey Kay Nichole Romer
|
|
Name |
FORD DRYWALL & STUCCO, INC.
|
Role |
Appellee
|
Status |
Active
|
Representations |
Thamir Kaddouri, Penelope Rowlett, Cecilia Byron White, Geoffrey Roy Lutz, Smaili Marciano Constantino
|
|
Docket Entries
Docket Date |
2024-11-21
|
Type |
Event
|
Subtype |
Fee Satisfied
|
Description |
Fee Satisfied
|
|
Docket Date |
2024-11-21
|
Type |
Miscellaneous Document
|
Subtype |
Pay Case Filing Fee-300
|
Description |
Pay Case Filing Fee-300
|
On Behalf Of |
WCI COMMUNITIES, LLC
|
View |
View File
|
|
Docket Date |
2024-11-08
|
Type |
Letter
|
Subtype |
Acknowledgment Letter
|
Description |
Acknowledgment Letter
|
View |
View File
|
|
Docket Date |
2024-11-08
|
Type |
Notice
|
Subtype |
Notice of Appeal
|
Description |
Notice of Appeal
|
On Behalf Of |
WCI COMMUNITIES, LLC
|
View |
View File
|
|
Docket Date |
2024-12-02
|
Type |
Notice
|
Subtype |
Amended Notice of Appeal
|
Description |
Amended Notice of Appeal
|
On Behalf Of |
WCI COMMUNITIES, LLC
|
|
Docket Date |
2024-11-25
|
Type |
Order
|
Subtype |
Certificate of Service
|
Description |
On November 8, 2024, the Court ordered Appellant to file an amended notice of appeal in this Court. This Court has not received an amended notice of appeal responsive to that order.
Within five days of this order, Appellant shall file an amended notice of appeal in this Court with an amended certificate of service. For each appellee, or for each appellee's attorney if represented, the amended certificate of service must provide a mailing address and a service address, if different. If service is to be made upon an attorney, the amended certificate of service must identify which appellee or appellees the attorney represents. If Appellant fails to timely comply with this order, Appellant risks sanctions, including the dismissal of this case without further notice or opportunity to be heard. Fla. R. App. P. 9.410.
|
View |
View File
|
|
Docket Date |
2024-11-08
|
Type |
Order
|
Subtype |
Order on Filing Fee
|
Description |
This appeal has been filed without the filing fee required under section 35.22(2)(a), Florida Statutes. Within twenty days of this order, Appellant shall forward the required $300.00 filing fee or, if applicable, an order or certificate from the lower tribunal finding Appellant indigent. Failure to comply with this order will result in the dismissal of this case.
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View |
View File
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|
Coach Homes I at Lakewood National Condominium Association, Inc., Petitioner(s) v. C & C Window and Door Company, Inc., Carpenter Contractors of America, Inc., Ad-Ler Roofing, Inc., ZNS Engineering, LLC, FGE Construction, LLC, et al., Respondent(s).
|
2D2024-2362
|
2024-10-14
|
Open
|
|
Classification |
Original Proceedings - Circuit Civil - Certiorari
|
Court |
2nd District Court of Appeal
|
Originating Court |
Circuit Court for the Twelfth Judicial Circuit, Manatee County
2023 CA 5267
|
Parties
Name |
C & C Window and Door Company, Inc.
|
Role |
Respondent
|
Status |
Active
|
Representations |
Timothy Russell Moorhead, Christopher Gregory Ernewein
|
|
Name |
CARPENTER CONTRACTORS OF AMERICA, INC.
|
Role |
Respondent
|
Status |
Active
|
Representations |
David Whitney Adams, Beth Ann Schulman, Nadine Jenifer Foehl, Joseph Carl Jones
|
|
Name |
GUKY ENTERPRISES CORP.
|
Role |
Respondent
|
Status |
Active
|
Representations |
Jake Colton Melrose, Lindsay Galloway McCormick
|
|
Name |
FALLSAFE SOLUTIONS, LLC
|
Role |
Respondent
|
Status |
Active
|
Representations |
Thamir Kaddouri, Penelope Rowlett, Emma Marie Dionne
|
|
Name |
RCH ENTERPRISES, LLC
|
Role |
Respondent
|
Status |
Active
|
Representations |
William Scott Hamilton, Sara Woolford Mapes
|
|
Name |
Hon. Edward Nicholas
|
Role |
Judge/Judicial Officer
|
Status |
Active
|
|
Name |
Manatee Clerk
|
Role |
Lower Tribunal Clerk
|
Status |
Active
|
|
Name |
ZNS Engineering, LLC
|
Role |
Respondent
|
Status |
Active
|
Representations |
Mitchell Irving Rozen, Matteo Clark Marchetti
|
|
Name |
COACH HOMES I AT LAKEWOOD NATIONAL CONDOMINIUM ASSOCIATION, INC.
|
Role |
Petitioner
|
Status |
Active
|
Representations |
Samuel Robert Alexander, Bradley Mathew Beall, Salvatore Gerard Scro, James Clark Prichard, Brian Thomas Crevasse
|
|
Name |
AD-LER ROOFING, INC.
|
Role |
Respondent
|
Status |
Active
|
Representations |
Travis Jay Halstead, Kyle Matthew Costello, Gerald C. Biondi, Ashlee McGinnas Garrido, Therese Ann Savona
|
|
Name |
FGE Construction, LLC
|
Role |
Respondent
|
Status |
Active
|
Representations |
Richard N. Asfar, Hunter Justin Daniel, Cameron La'Rance Perkins
|
|
Name |
LENNAR HOMES, LLC
|
Role |
Respondent
|
Status |
Active
|
Representations |
Jonathan Scott Wickham, Darrell Abelardo Limia
|
|
Docket Entries
Docket Date |
2024-11-22
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time to File Response
|
Description |
Respondent's motion for extension of time to serve the response is granted. The response shall be served by December 23, 2024.
|
View |
View File
|
|
Docket Date |
2024-11-22
|
Type |
Motions Extensions
|
Subtype |
Motion for Extension of Time to File Response
|
Description |
Motion for Extension of Time to File Response
|
On Behalf Of |
Ad-Ler Roofing, Inc.
|
|
Docket Date |
2024-11-21
|
Type |
Motions Extensions
|
Subtype |
Motion for Extension of Time to File Response
|
Description |
Motion for Extension of Time to File Response
|
On Behalf Of |
FGE Construction, LLC
|
|
Docket Date |
2024-11-07
|
Type |
Notice
|
Subtype |
Notice of Appearance
|
Description |
Notice of Appearance
|
On Behalf Of |
FGE Construction, LLC
|
|
Docket Date |
2024-11-06
|
Type |
Notice
|
Subtype |
Notice of Appearance
|
Description |
Notice of Appearance
|
On Behalf Of |
Ad-Ler Roofing, Inc.
|
|
Docket Date |
2024-10-22
|
Type |
Order
|
Subtype |
Order to Respond to Petition
|
Description |
Respondent shall serve a response to the Petition for Writ of Certiorari within thirty days from the date of this order. Petitioner may serve a reply within thirty days thereafter.
The parties shall keep this court apprised of all hearings or trial dates that may affect this proceeding
|
View |
View File
|
|
Docket Date |
2024-10-21
|
Type |
Miscellaneous Document
|
Subtype |
Pay Case Filing Fee-300
|
Description |
Pay Case Filing Fee-300
|
On Behalf Of |
Coach Homes I at Lakewood National Condominium Association, Inc.
|
View |
View File
|
|
Docket Date |
2024-10-15
|
Type |
Letter
|
Subtype |
Acknowledgment Letter
|
Description |
Acknowledgment Letter
|
View |
View File
|
|
Docket Date |
2024-10-14
|
Type |
Record
|
Subtype |
Appendix to Petition
|
Description |
Appendix to Petition
|
On Behalf Of |
Coach Homes I at Lakewood National Condominium Association, Inc.
|
|
Docket Date |
2024-10-14
|
Type |
Petition
|
Subtype |
Petition Certiorari
|
Description |
Petition Certiorari
|
On Behalf Of |
Coach Homes I at Lakewood National Condominium Association, Inc.
|
|
Docket Date |
2025-01-02
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time to File Response
|
Description |
Respondent's motion for extension of time to serve the response is granted. The response shall be served within 30 days.
|
View |
View File
|
|
Docket Date |
2024-12-20
|
Type |
Motions Extensions
|
Subtype |
Motion for Extension of Time to File Response
|
Description |
Motion for Extension of Time to File Response
|
On Behalf Of |
Ad-Ler Roofing, Inc.
|
|
Docket Date |
2024-12-03
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time to File Response
|
Description |
Respondents' motion for extension of time to serve the response is granted to the extent that the response shall be served by December 23, 2024.
|
View |
View File
|
|
Docket Date |
2024-10-15
|
Type |
Order
|
Subtype |
Order on Filing Fee
|
Description |
This petition has been filed without a filing fee required by section 35.22(2)(a), Florida Statutes.
Counsel for Petitioner shall forward the required $300.00 filing fee or, if applicable, an affidavit of insolvency in conformity with the requirements of chapter 57, Florida Statutes, to this court within twenty days from the date of this order.
If this court does not receive either of the above within the prescribed time, this petition may be subject to dismissal without further notice.
|
View |
View File
|
|
|
Steven J. Vieczorek, Appellant(s), v. Lennar Homes, LLC and Heather Vieczorek, Appellee(s).
|
5D2024-1581
|
2024-06-11
|
Open
|
|
Classification |
NOA Final - Circuit Civil - Other
|
Court |
5th District Court of Appeal
|
Originating Court |
Circuit Court for the Seventh Judicial Circuit, St. Johns County
CA-2023-2067
|
Parties
Name |
Steven J. Vieczorek
|
Role |
Appellant
|
Status |
Active
|
|
Name |
LENNAR HOMES, LLC
|
Role |
Appellee
|
Status |
Active
|
Representations |
Heather Anne Lee, Charles David Harper, Adam Robert Alaee
|
|
Name |
Heather Vieczorek
|
Role |
Appellee
|
Status |
Active
|
|
Name |
Hon. Kenneth James Janesk, II
|
Role |
Judge/Judicial Officer
|
Status |
Active
|
|
Name |
St. Johns Clerk
|
Role |
Lower Tribunal Clerk
|
Status |
Active
|
|
Docket Entries
Docket Date |
2024-11-20
|
Type |
Response
|
Subtype |
OA Preference Request
|
Description |
AA'S OA Preference Request
|
On Behalf Of |
Steven J. Vieczorek
|
|
Docket Date |
2024-11-18
|
Type |
Response
|
Subtype |
OA Preference Request
|
Description |
AE's OA Preference Request
|
On Behalf Of |
Lennar Homes, LLC
|
|
Docket Date |
2024-11-18
|
Type |
Order
|
Subtype |
Order
|
Description |
Oral Argument Preference Request
|
View |
View File
|
|
Docket Date |
2024-11-18
|
Type |
Motions Relating to Oral Argument
|
Subtype |
Motion/Request for Oral Argument
|
Description |
Motion/Request for Oral Argument
|
On Behalf Of |
Steven J. Vieczorek
|
|
Docket Date |
2024-11-15
|
Type |
Record
|
Subtype |
Appendix to Reply Brief
|
Description |
Appendix to Reply
|
On Behalf Of |
Steven J. Vieczorek
|
|
Docket Date |
2024-11-04
|
Type |
Brief
|
Subtype |
Answer Brief
|
Description |
Answer Brief
|
On Behalf Of |
Lennar Homes, LLC
|
View |
View File
|
|
Docket Date |
2024-10-08
|
Type |
Response
|
Subtype |
Reply
|
Description |
Reply to Response to motion to dismiss request for attorney's fees
|
On Behalf Of |
Steven J. Vieczorek
|
|
Docket Date |
2024-10-07
|
Type |
Response
|
Subtype |
Objection
|
Description |
Objection to Motion to Dismiss Request for Attorney's fees
|
On Behalf Of |
Lennar Homes, LLC
|
|
Docket Date |
2024-10-04
|
Type |
Motions Other
|
Subtype |
Miscellaneous Motion
|
Description |
Miscellaneous Motion TO DISMISS REQUEST FOR ATTORNEYS FEES
|
On Behalf Of |
Steven J. Vieczorek
|
|
Docket Date |
2024-09-27
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
Description |
ANSWER BRF BY 11/4; ABSENT EXTENUATING CIRCUMSTANCES, ADDITIONAL EXTENSIONS OF TIME MAY BE DENIED.
|
View |
View File
|
|
Docket Date |
2024-09-19
|
Type |
Response
|
Subtype |
Response
|
Description |
Response to MEOT FOR AB
|
On Behalf Of |
Steven J. Vieczorek
|
|
Docket Date |
2024-09-18
|
Type |
Motions Extensions
|
Subtype |
Motion for Extension of Time to Serve Answer Brief
|
Description |
Motion for Extension of Time to Serve Answer Brief
|
On Behalf Of |
Lennar Homes, LLC
|
|
Docket Date |
2024-09-11
|
Type |
Order
|
Subtype |
Order on Motion To Dismiss
|
Description |
MOTION TO DISMISS IS DENIED
|
View |
View File
|
|
Docket Date |
2024-09-11
|
Type |
Response
|
Subtype |
Response
|
Description |
Response to Motion for Attorney's Fees
|
On Behalf Of |
Steven J. Vieczorek
|
|
Docket Date |
2024-09-03
|
Type |
Response
|
Subtype |
Response
|
Description |
Response to Motion to dismiss per 8/29 order and motion to strike the motion to dismiss...
|
On Behalf Of |
Steven J. Vieczorek
|
|
Docket Date |
2024-08-29
|
Type |
Order
|
Subtype |
Order to File Response
|
Description |
Order to File Response; AA W/IN 10 DYS FILE RESPONSE TO MOT DISMISS
|
View |
View File
|
|
Docket Date |
2024-08-28
|
Type |
Record
|
Subtype |
Appendix to Motion
|
Description |
Appendix to Motion
|
On Behalf Of |
Lennar Homes, LLC
|
|
Docket Date |
2024-08-28
|
Type |
Motions Other
|
Subtype |
Motion To Dismiss
|
Description |
Motion To Dismiss
|
On Behalf Of |
Lennar Homes, LLC
|
|
Docket Date |
2024-08-28
|
Type |
Motions Relating to Attorney Fees/Costs
|
Subtype |
Motion For Attorney's Fees
|
Description |
Motion For Attorney's Fees
|
On Behalf Of |
Lennar Homes, LLC
|
|
Docket Date |
2024-08-21
|
Type |
Brief
|
Subtype |
Initial Brief
|
Description |
Initial Brief
|
On Behalf Of |
Steven J. Vieczorek
|
View |
View File
|
|
Docket Date |
2024-08-05
|
Type |
Record
|
Subtype |
Record on Appeal
|
Description |
Record on Appeal; 360 pages
|
On Behalf Of |
St. Johns Clerk
|
|
Docket Date |
2024-06-12
|
Type |
Miscellaneous Document
|
Subtype |
Pay Case Filing Fee-300
|
Description |
Pay Case Filing Fee-300
|
View |
View File
|
|
Docket Date |
2024-06-11
|
Type |
Order
|
Subtype |
Order on Filing Fee
|
Description |
Order to pay Filing Fee - Fee Paid
|
View |
View File
|
|
Docket Date |
2024-06-11
|
Type |
Letter
|
Subtype |
Acknowledgment Letter
|
Description |
Acknowledgment Letter
|
View |
View File
|
|
Docket Date |
2024-06-11
|
Type |
Notice
|
Subtype |
Notice of Appeal
|
Description |
FILED BELOW: 06/11/2024
|
|
Docket Date |
2024-12-04
|
Type |
Notice
|
Subtype |
Notice
|
Description |
Notice of Panel Assignment
|
View |
View File
|
|
Docket Date |
2024-12-04
|
Type |
Order
|
Subtype |
Order on Motion For Continuation of Oral Argument
|
Description |
Order on Motion for Continuation of Oral Argument; MOT REQ OA DENIED
|
View |
View File
|
|
Docket Date |
2024-11-15
|
Type |
Brief
|
Subtype |
Reply Brief
|
Description |
Reply Brief
|
On Behalf Of |
Steven J. Vieczorek
|
View |
View File
|
|
|
Coach Homes I At Tidewater Preserve Condominium Association, Inc., Appellant(s) v. Lennar Homes, LLC, and WCI Communities, LLC, Et Al., Appellee(s).
|
2D2024-1256
|
2024-05-30
|
Closed
|
|
Classification |
NOA Final - Circuit Civil - Other
|
Court |
2nd District Court of Appeal
|
Originating Court |
Circuit Court for the Twelfth Judicial Circuit, Manatee County
2023-CA-993
|
Parties
Name |
LENNAR HOMES, LLC
|
Role |
Appellee
|
Status |
Active
|
Representations |
Charles David Harper, Alexa Brielle Goldstein
|
|
Name |
WCI COMMUNITIES, LLC
|
Role |
Appellee
|
Status |
Active
|
Representations |
Charles David Harper, Alexa Brielle Goldstein
|
|
Name |
RCH ENTERPRISES, LLC
|
Role |
Appellee
|
Status |
Active
|
Representations |
William Scott Hamilton, Joshua-Caleb Pewakee Barton, Christina Bredahl Gierke
|
|
Name |
WOOLF & ASSOCIATES, INC.
|
Role |
Appellee
|
Status |
Active
|
Representations |
James M Shaw, Bradley Foster Rothenberg
|
|
Name |
AD-LER ROOFING, INC.
|
Role |
Appellee
|
Status |
Active
|
|
Name |
GUKY ENTERPRISES CORP.
|
Role |
Appellee
|
Status |
Active
|
|
Name |
BUILDER SERVICES GROUP, INC.
|
Role |
Appellee
|
Status |
Active
|
Representations |
Travis William Fulford
|
|
Name |
GALE INSULATION, INC.
|
Role |
Appellee
|
Status |
Active
|
Representations |
Travis William Fulford
|
|
Name |
FGE Construction, Inc.
|
Role |
Appellee
|
Status |
Active
|
Representations |
Richard Asfar, Hunter Justin Daniel
|
|
Name |
SUTTON CONTRACTING INC.
|
Role |
Appellee
|
Status |
Active
|
|
Name |
SILVER TREND INC.
|
Role |
Appellee
|
Status |
Active
|
|
Name |
Hon. David Ryan Felix
|
Role |
Judge/Judicial Officer
|
Status |
Active
|
|
Name |
Manatee Clerk
|
Role |
Lower Tribunal Clerk
|
Status |
Active
|
|
Name |
COACH HOMES I AT TIDEWATER PRESERVE CONDOMINIUM ASSOCIATION, INC
|
Role |
Appellant
|
Status |
Active
|
Representations |
Nicholas B. Vargo, James Clark Prichard, Brian Thomas Crevasse, Brian Curtis Tannenbaum
|
|
Name |
FLORIDA WINDOWS AND DOORS INC.
|
Role |
Appellee
|
Status |
Active
|
Representations |
Catherine Theresa Hollis, Nichole A Lonergan
|
|
Docket Entries
Docket Date |
2024-06-18
|
Type |
Disposition by Order
|
Subtype |
Dismissed
|
Description |
Pursuant to the notice of voluntary dismissal, this appeal is dismissed.
|
View |
View File
|
|
Docket Date |
2024-06-17
|
Type |
Motions Other
|
Subtype |
Motion/Notice Voluntary Dismissal
|
Description |
Pursuant to the notice of voluntary dismissal, this appeal is dismissed.
|
On Behalf Of |
Coach Homes I At Tidewater Preserve Condominium Association, Inc.
|
|
Docket Date |
2024-06-17
|
Type |
Order
|
Subtype |
Order on Motion/Notice Voluntary Dismissal (non-dispositive)
|
Description |
Order on Motion/Notice Voluntary Dismissal (non-dispositive)
|
View |
View File
|
|
Docket Date |
2024-06-14
|
Type |
Motions Other
|
Subtype |
Motion/Notice Voluntary Dismissal
|
Description |
The notice of voluntary dismissal is denied without prejudice to
filing an unconditional notice of voluntary dismissal. See Hammerl v.
State, 779 So. 2d 410 (Fla. 2d DCA 2000)
|
On Behalf Of |
Coach Homes I At Tidewater Preserve Condominium Association, Inc.
|
|
Docket Date |
2024-05-30
|
Type |
Order
|
Subtype |
Order on Filing Fee
|
Description |
This appeal has been filed without a filing fee required by section 35.22(2)(a), Florida Statutes.
The attorney for Appellant shall forward the required $300.00 filing fee or, if applicable, a certificate or order of the lower tribunal finding Appellant insolvent pursuant to section 57.081, Florida Statutes, within twenty days from the date of this order.
If this court does not receive either of the above within the prescribed time, this appeal may be subject to dismissal without further notice.
|
View |
View File
|
|
Docket Date |
2024-05-30
|
Type |
Letter
|
Subtype |
Acknowledgment Letter
|
Description |
Acknowledgment Letter
|
View |
View File
|
|
Docket Date |
2024-05-30
|
Type |
Notice
|
Subtype |
Notice of Appeal
|
Description |
W/ORDER APPEALED
|
On Behalf Of |
Coach Homes I At Tidewater Preserve Condominium Association, Inc.
|
|
|
WEST VILLAGES IMPROVEMENT DISTRICT VS GRAN PARADISO PROPERTY OWNERS ASSOCIATION, INC., ET AL.,
|
2D2023-1293
|
2023-06-16
|
Closed
|
|
Classification |
NOA Non Final - Circuit Civil - Other
|
Court |
2nd District Court of Appeal
|
Originating Court |
Circuit Court for the Twelfth Judicial Circuit, Sarasota County
22-CA-5368-SC
|
Parties
Name |
WEST VILLAGES IMPROVEMENT DISTRICT
|
Role |
Appellant
|
Status |
Active
|
Representations |
DONOVAN A. ROPER, ESQ., JOSEPH A. BROWN, ESQ., NICHOLAS R. NAPOLITANO, ESQ., CALEB S. SUGG, ESQ.
|
|
Name |
LENNAR HOMES, LLC
|
Role |
Appellee
|
Status |
Active
|
|
Name |
GRAN PARADISO PROPERTY OWNERS ASSOCIATION, INC.
|
Role |
Appellee
|
Status |
Active
|
Representations |
JOSEPH M. HERBERT, ESQ.
|
|
Name |
HON. HUNTER CARROLL
|
Role |
Judge/Judicial Officer
|
Status |
Active
|
|
Name |
SARASOTA CLERK
|
Role |
Lower Tribunal Clerk
|
Status |
Active
|
|
Docket Entries
Docket Date |
2023-06-19
|
Type |
Letter
|
Subtype |
Acknowledgment Letter
|
Description |
Acknowledgment Letter 1
|
|
Docket Date |
2024-01-03
|
Type |
Misc. Events
|
Subtype |
West Publishing
|
Description |
West Publishing
|
|
Docket Date |
2024-01-03
|
Type |
Mandate
|
Subtype |
Mandate
|
Description |
Mandate
|
|
Docket Date |
2023-12-13
|
Type |
Disposition by Opinion
|
Subtype |
Affirmed
|
Description |
Affirmed - Per Curiam Affirmed
|
|
Docket Date |
2023-12-05
|
Type |
Misc. Events
|
Subtype |
Oral Argument Date Set
|
Description |
Oral Argument Date Set ~ Remote
|
|
Docket Date |
2023-09-28
|
Type |
Motions Relating to Oral Argument
|
Subtype |
Motion/Request for Oral Argument
|
Description |
Request for Oral Argument
|
On Behalf Of |
WEST VILLAGES IMPROVEMENT DISTRICT
|
|
Docket Date |
2023-09-15
|
Type |
Brief
|
Subtype |
Reply Brief
|
Description |
Appellant Reply Brief
|
On Behalf Of |
WEST VILLAGES IMPROVEMENT DISTRICT
|
|
Docket Date |
2023-08-17
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
Description |
Grant Ans Brf Ext & Accept as Timely-3E ~ The motion for extension of time to file the answer brief is granted to the extentthat the answer brief is accepted as timely filed.
|
|
Docket Date |
2023-08-16
|
Type |
Brief
|
Subtype |
Answer Brief
|
Description |
Appellee Answer Brief
|
On Behalf Of |
GRAN PARADISO PROPERTY OWNERS ASSOCIATION, INC.
|
|
Docket Date |
2023-08-11
|
Type |
Motions Extensions
|
Subtype |
Motion for Extension of Time to Serve Answer Brief
|
Description |
Mot. for Extension of time to file Answer Brief
|
On Behalf Of |
GRAN PARADISO PROPERTY OWNERS ASSOCIATION, INC.
|
|
Docket Date |
2023-08-07
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
Description |
ORDER GRANTING EOT FOR ANSWER BRIEF ~ Appellee's motion for extension of time is granted, and the answer brief shallbe served by August 11, 2023.
|
|
Docket Date |
2023-07-31
|
Type |
Motions Extensions
|
Subtype |
Motion for Extension of Time to File Response
|
Description |
Motion for Extension of Time to File Response
|
On Behalf Of |
GRAN PARADISO PROPERTY OWNERS ASSOCIATION, INC.
|
|
Docket Date |
2023-07-14
|
Type |
Notice
|
Subtype |
Notice of Related Case or Issue
|
Description |
Notice of Related Case
|
On Behalf Of |
WEST VILLAGES IMPROVEMENT DISTRICT
|
|
Docket Date |
2023-07-03
|
Type |
Brief
|
Subtype |
Initial Brief
|
Description |
Initial Appellant Brief on Merits
|
On Behalf Of |
WEST VILLAGES IMPROVEMENT DISTRICT
|
|
Docket Date |
2023-07-03
|
Type |
Record
|
Subtype |
Appendix to Initial Brief
|
Description |
Appendix for Initial Brief
|
On Behalf Of |
WEST VILLAGES IMPROVEMENT DISTRICT
|
|
Docket Date |
2023-06-26
|
Type |
Misc. Events
|
Subtype |
Case Filing Fee Paid through Portal
|
Description |
Case Filing Fee Paid through Portal
|
On Behalf Of |
WEST VILLAGES IMPROVEMENT DISTRICT
|
|
Docket Date |
2023-06-16
|
Type |
Misc. Events
|
Subtype |
Fee Status
|
Description |
FP:Fee Paid Through Portal
|
|
Docket Date |
2023-06-16
|
Type |
Notice
|
Subtype |
Notice of Appeal
|
Description |
Notice of Appeal Filed ~ W/ORDER APPEALED
|
On Behalf Of |
WEST VILLAGES IMPROVEMENT DISTRICT
|
|
Docket Date |
2023-10-04
|
Type |
Order
|
Subtype |
Order Re: Video Oral Argument
|
Description |
OA Notice Video ~ This case is provisionally set for oral argument on TUESDAY, DECEMBER 05, 2023, at 9:30 A.M., before: Judge Darryl C. Casanueva, Judge Morris Silberman, Judge Andrea T. Smith. The oral argument will be conducted by video conference. The court calendars can be viewed on this court’s website at www.2dca.org. Counsel or parties are requested to sign in by fifteen minutes prior to the time listed above.The panel is subject to change without notice. Should the assigned panel of judges decide that the court will not benefit from oral argument, the attorneys or parties will be notified by order no less than two weeks before the scheduled date. If this is a criminal proceeding where a victim, as defined in article I, section 16(e), Florida Constitution, has invoked their right to notice under article I, section 16(b)(6), the State is directed to provide the victim with notice of this oral argument and of any changes to the scheduled date.Please review the notice regarding oral argument in the Second District Court of Appeal. A copy has been furnished with this order and may also be found on this court’s website.Within ten days from the date of this order, any attorney or party who will be presenting argument is requested to provide the Clerk of the Court with the email address where the video invitation should be sent and a telephone number. This information may be sent by email to 2dcaClerk@flcourts.org. The Clerk of the Court will provide each participant with connection instructions, including the opportunity for a test session, before the argument.
|
|
Docket Date |
2023-06-19
|
Type |
Order
|
Subtype |
Nonfinal Appeals
|
Description |
nonfinal appeal order for initial brief ~ This proceeding is a nonfinal appeal, or an appeal of a specified final order, governed by Florida Rule of Appellate Procedure 9.130. The initial brief and appendix shall be served within fifteen days of the date of this order. The appellee(s) shall serve the answer brief(s) within thirty days of service of the initial brief
|
|
|
LENNAR HOMES, LLC VS MIRALAGO ESTATES I NEIGHBORHOOD ASSOC. INC.
|
4D2022-1920
|
2022-07-15
|
Closed
|
|
Classification |
NOA Non Final - Circuit Civil - Other
|
Court |
4th District Court of Appeal
|
Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
CACE20-018176
|
Parties
Name |
LENNAR HOMES, LLC
|
Role |
Appellant
|
Status |
Active
|
Representations |
Eric R. Thompson, Scott D. Kravetz, Richard D. Shane, Elisabeth Rabin, David M. Gersten
|
|
Name |
Miralago Estates I Neighborhood Assoc. Inc.
|
Role |
Appellee
|
Status |
Active
|
Representations |
Michael J. Korn, Barry Ansbacher, Michael C. Feinberg
|
|
Name |
Hon. Jack B. Tuter
|
Role |
Judge/Judicial Officer
|
Status |
Active
|
|
Name |
Clerk - Broward
|
Role |
Lower Tribunal Clerk
|
Status |
Active
|
|
Docket Entries
Docket Date |
2023-06-26
|
Type |
Misc. Events
|
Subtype |
West Publishing
|
Description |
West Publishing
|
|
Docket Date |
2023-06-21
|
Type |
Response
|
Subtype |
Response
|
Description |
Response ~ IN OPPOSITION TO APPELLANT'S MOTION FOR ISSUANCE OF WRITTEN OPINION, AND, OR IN THE ALTERNATIVE, FOR CERTIFICATION
|
On Behalf Of |
Miralago Estates I Neighborhood Assoc. Inc.
|
|
Docket Date |
2023-06-08
|
Type |
Post-Disposition Motions
|
Subtype |
Motion for Rehearing
|
Description |
Motion For Rehearing ~ MOTION FOR ISSUANCE OF WRITTEN OPINION AND, OR IN THE ALTERNATIVE, FOR CERTIFICATION
|
On Behalf Of |
Lennar Homes, LLC
|
|
Docket Date |
2023-05-25
|
Type |
Order
|
Subtype |
Order on Motion For Attorney's Fees
|
Description |
Order Granting Attorney Fees-Prevailing ~ ORDERED that appellee’s February 3, 2023 motion for appellate attorney's fees is granted conditioned on the trial court determining that appellee is the prevailing party 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 filing of the motion, including but not limited to preparation of a responsive pleading, shall be taken into account in computing the amount of the fee. Further,ORDERED that appellant’s February 13, 2023 “motion for contractual entitlement to attorneys’ fees and costs pursuant to FLA. R. APP. P. 9:400(b)” is denied.
|
|
Docket Date |
2023-05-25
|
Type |
Disposition by Opinion
|
Subtype |
Affirmed
|
Description |
Affirmed - Per Curiam Affirmed
|
|
Docket Date |
2023-02-28
|
Type |
Response
|
Subtype |
Response
|
Description |
Response ~ TO LENNAR HOMES, LLC'S MOTION FOR CONTRACTUAL ENTITLEMENT TO ATTORNEYS' FEES AND COSTS
|
On Behalf Of |
Miralago Estates I Neighborhood Assoc. Inc.
|
|
Docket Date |
2023-02-13
|
Type |
Brief
|
Subtype |
Reply Brief
|
Description |
Appellant's Reply Brief
|
On Behalf Of |
Lennar Homes, LLC
|
|
Docket Date |
2023-02-13
|
Type |
Motions Relating to Oral Argument
|
Subtype |
Motion/Request for Oral Argument
|
Description |
Request for Oral Argument
|
On Behalf Of |
Lennar Homes, LLC
|
|
Docket Date |
2023-02-13
|
Type |
Motions Relating to Attorney Fees/Costs
|
Subtype |
Motion For Attorney's Fees
|
Description |
Motion For Attorney's Fees ~ **RESPONSE FILED 02/28/2023** AND COSTS
|
On Behalf Of |
Lennar Homes, LLC
|
|
Docket Date |
2023-02-07
|
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 appellant's February 6, 2023 motion for extension of time is granted, and appellant shall serve the reply brief on or before February 13, 2023. In addition, if the reply brief is served after the time provided for in this order, it may be stricken.
|
|
Docket Date |
2023-02-06
|
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 |
Lennar Homes, LLC
|
|
Docket Date |
2023-02-03
|
Type |
Motions Relating to Attorney Fees/Costs
|
Subtype |
Motion For Attorney's Fees
|
Description |
Motion For Attorney's Fees
|
On Behalf Of |
Miralago Estates I Neighborhood Assoc. Inc.
|
|
Docket Date |
2023-01-18
|
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 appellant's January 17, 2023 motion for extension of time is granted in part, and appellant 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 |
2023-01-17
|
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 |
Lennar Homes, LLC
|
|
Docket Date |
2022-12-22
|
Type |
Record
|
Subtype |
Appendix
|
Description |
Appendix to Brief ~ **STRICKEN**
|
On Behalf Of |
Miralago Estates I Neighborhood Assoc. Inc.
|
|
Docket Date |
2022-12-22
|
Type |
Brief
|
Subtype |
Answer Brief
|
Description |
Appellee's Answer Brief
|
On Behalf Of |
Miralago Estates I Neighborhood Assoc. Inc.
|
|
Docket Date |
2022-11-15
|
Type |
Motions Extensions
|
Subtype |
Motion for Extension of Time to Serve Answer Brief
|
Description |
Mot. for Extension of time to file Answer Brief
|
On Behalf Of |
Miralago Estates I Neighborhood Assoc. Inc.
|
|
Docket Date |
2022-10-10
|
Type |
Order
|
Subtype |
Order Striking Filing
|
Description |
Stricken - No or Noncompliant Cert. of Service ~ ORDERED that appellee's October 7, 2022 motion is stricken as not in compliance with Florida Rule of Appellate Procedure 9.420(d) in that the certificate of service does not comply in substance with the requirements of Florida Rule of General Practice and Judicial Administration 2.516(f).
|
|
Docket Date |
2022-10-10
|
Type |
Motions Extensions
|
Subtype |
Motion for Extension of Time to Serve Answer Brief
|
Description |
Mot. for Extension of time to file Answer Brief
|
On Behalf Of |
Miralago Estates I Neighborhood Assoc. Inc.
|
|
Docket Date |
2022-10-07
|
Type |
Motions Extensions
|
Subtype |
Motion for Extension of Time to Serve Answer Brief
|
Description |
Mot. for Extension of time to file Answer Brief ~ **STRICKEN**
|
On Behalf Of |
Miralago Estates I Neighborhood Assoc. Inc.
|
|
Docket Date |
2022-09-13
|
Type |
Record
|
Subtype |
Appendix
|
Description |
Appendix to Brief
|
On Behalf Of |
Lennar Homes, LLC
|
|
Docket Date |
2022-09-13
|
Type |
Brief
|
Subtype |
Initial Brief
|
Description |
Initial Brief on Merits
|
On Behalf Of |
Lennar Homes, LLC
|
|
Docket Date |
2022-08-25
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
Description |
Order Granting EOT for Initial Brief ~ ORDERED that appellant's August 24, 2022 motion for extension of time is granted, and appellant shall serve the initial brief on or before September 13, 2022. 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 |
2022-08-24
|
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 |
Lennar Homes, LLC
|
|
Docket Date |
2022-08-02
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
Description |
Order Granting EOT for Initial Brief ~ ORDERED that appellant's July 27, 2022 motion for extension of time is granted, and appellant shall serve the initial brief and appendix on or before August 29, 2022. In addition, if the initial brief and appendix are 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 |
2022-07-27
|
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 |
Lennar Homes, LLC
|
|
Docket Date |
2022-07-26
|
Type |
Notice
|
Subtype |
Notice of Appearance
|
Description |
Notice of Appearance
|
On Behalf Of |
Miralago Estates I Neighborhood Assoc. Inc.
|
|
Docket Date |
2022-07-19
|
Type |
Letter
|
Subtype |
Acknowledgment Letter
|
Description |
Acknowledgment Letter
|
|
Docket Date |
2022-07-19
|
Type |
Misc. Events
|
Subtype |
Case Filing Fee Paid through Portal
|
Description |
Case Filing Fee Paid Through Portal
|
On Behalf Of |
Lennar Homes, LLC
|
|
Docket Date |
2022-07-15
|
Type |
Misc. Events
|
Subtype |
Fee Status
|
Description |
FP:Fee Paid Through Portal
|
|
Docket Date |
2022-07-15
|
Type |
Notice
|
Subtype |
Notice of Appeal
|
Description |
Notice of Appeal Filed
|
On Behalf Of |
Lennar Homes, LLC
|
|
Docket Date |
2023-07-14
|
Type |
Mandate
|
Subtype |
Mandate
|
Description |
Mandate
|
|
Docket Date |
2023-06-26
|
Type |
Order
|
Subtype |
Order on Motion for Rehearing
|
Description |
ORD-Denying Rehearing ~ Ordered that appellant’s June 8, 2023 motion for rehearing and request for a written opinion and certification are denied. The trial court's order on the motion to compel arbitration was very thorough and explained why Pulte Home Corp. v. Vermillion Homeowners Ass'n, 109 So. 3d 233 (Fla. 2d 2013) and Lennar Homes, LLC v. Martinique at the Oasis Neighborhood Ass'n, Inc., 332 So. 3d 1054 (Fla. 3d 2021) provided support for denying arbitration of the Association's direct claims, as well as how the facts of each case was distinguishable from the facts of this case. There is no conflict, nor is there a question of great public importance, as cases involving the extent of the arbitrability of claims by homeowners’ associations would depend upon the particular facts of each case.
|
|
Docket Date |
2022-12-27
|
Type |
Record
|
Subtype |
Appendix
|
Description |
Appendix to Brief ~ AMENDED
|
On Behalf Of |
Miralago Estates I Neighborhood Assoc. Inc.
|
|
Docket Date |
2022-12-23
|
Type |
Order
|
Subtype |
Order Striking Filing
|
Description |
Order Striking Appendix - Non-Compliance With R. 9.220 ~ ORDERED that appellee's appendix to the answer brief is stricken as not in compliance with Florida Rule of Appellate Procedure 9.220(c), which was amended effective October 1, 2017, in that it contains bookmarks which are not in compliance with Rule 9.220(c)(3). An amended appendix in compliance with Rule 9.220(c) shall be filed within two (2) days from the date of this order.
|
|
Docket Date |
2022-12-09
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
Description |
Order Granting EOT for Answer Brief ~ ORDERED that appellee's December 8, 2022 motion for extension of time is granted, and appellee shall serve the answer brief on or before December 22, 2022. In addition, appellee is notified that the failure to serve the brief within the time provided herein may foreclose appellee's right to file a brief or otherwise participate in this appeal.
|
|
Docket Date |
2022-12-08
|
Type |
Motions Extensions
|
Subtype |
Motion for Extension of Time to Serve Answer Brief
|
Description |
Mot. for Extension of time to file Answer Brief
|
On Behalf Of |
Miralago Estates I Neighborhood Assoc. Inc.
|
|
Docket Date |
2022-11-17
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
Description |
Order Granting EOT for Answer Brief ~ ORDERED that appellee's November 15, 2022 motion for extension of time is granted, and appellee shall serve the answer brief on or before December 12, 2022. In addition, appellee is notified that the failure to serve the brief within the time provided herein may foreclose appellee's right to file a brief or otherwise participate in this appeal. Further,ORDERED that appellant’s motion for extension of time to serve the reply brief, contained within appellee’s November 15, 2022 motion for extension of time, is stricken without prejudice to refiling after the appellee’s answer brief is filed.
|
|
Docket Date |
2022-10-11
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
Description |
Order Granting EOT for Answer Brief ~ ORDERED that appellee's October 10, 2022 renewed motion for extension of time is granted, and appellee shall serve the answer brief on or before November 22, 2022. In addition, appellee is notified that the failure to serve the brief within the time provided herein may foreclose appellee's right to file a brief or otherwise participate in this appeal.
|
|
Docket Date |
2022-07-19
|
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.
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|
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LENNAR HOMES, LLC VS MATTHEW WILKINSKY
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4D2022-1239
|
2022-05-05
|
Closed
|
|
Classification |
NOA Non Final - Circuit Civil - Other
|
Court |
4th District Court of Appeal
|
Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
CACE21-016619
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Parties
Name |
LENNAR HOMES, LLC
|
Role |
Appellant
|
Status |
Active
|
Representations |
Eric R. Thompson, Kelly Ann Luther, David M. Gersten, Giselle G. Manseur
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|
Name |
Matthew Wilkinsky
|
Role |
Appellee
|
Status |
Active
|
Representations |
William G. Wolk, Sarah Alexis Cohen
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|
Name |
Hon. Barbara Anne McCarthy
|
Role |
Judge/Judicial Officer
|
Status |
Active
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|
Name |
Clerk - Broward
|
Role |
Lower Tribunal Clerk
|
Status |
Active
|
|
Docket Entries
Docket Date |
2022-06-01
|
Type |
Notice
|
Subtype |
Notice of Appearance
|
Description |
Notice of Appearance
|
On Behalf Of |
Matthew Wilkinsky
|
|
Docket Date |
2023-01-20
|
Type |
Mandate
|
Subtype |
Mandate
|
Description |
Mandate
|
|
Docket Date |
2023-01-20
|
Type |
Misc. Events
|
Subtype |
West Publishing
|
Description |
West Publishing
|
|
Docket Date |
2023-01-04
|
Type |
Disposition by Opinion
|
Subtype |
Reversed
|
Description |
Reversed - Per Curiam Opinion
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|
Docket Date |
2022-09-08
|
Type |
Order
|
Subtype |
Order on Motion to Supplement Record
|
Description |
Deny Motion to Supplement Record ~ ORDERED that, having considered the response, appellant’s August 16, 2022 amended motion to file supplemental record is denied.
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Docket Date |
2022-08-29
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Type |
Brief
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Subtype |
Reply Brief
|
Description |
Appellant's Reply Brief
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On Behalf Of |
Lennar Homes, LLC
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|
Docket Date |
2022-08-29
|
Type |
Motions Relating to Attorney Fees/Costs
|
Subtype |
Motion For Attorney's Fees
|
Description |
Motion For Attorney's Fees
|
On Behalf Of |
Lennar Homes, LLC
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|
Docket Date |
2022-08-29
|
Type |
Order
|
Subtype |
Order on Motion For Review
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Description |
Order Denying Motion For Review ~ ORDERED that appellant’s July 27, 2022 motion for review of the trial court’s order denying stay pending appeal is denied.
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|
Docket Date |
2022-08-29
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Type |
Motions Relating to Oral Argument
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Subtype |
Motion/Request for Oral Argument
|
Description |
Request for Oral Argument
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On Behalf Of |
Lennar Homes, LLC
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|
Docket Date |
2022-08-23
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Type |
Motions Relating to Attorney Fees/Costs
|
Subtype |
Motion For Attorney's Fees
|
Description |
Motion For Attorney's Fees
|
On Behalf Of |
Matthew Wilkinsky
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|
Docket Date |
2022-08-22
|
Type |
Response
|
Subtype |
Response
|
Description |
Response ~ TO APPELLANT'S MOTION FOR REVIEW
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On Behalf Of |
Matthew Wilkinsky
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|
Docket Date |
2022-08-17
|
Type |
Order
|
Subtype |
Order to File Response
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Description |
ORD-Appellee to File Response ~ ORDERED that appellee is directed to respond, within ten (10) days from the date of this order, to appellant’s July 27, 2022 motion for review.
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Docket Date |
2022-08-16
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Type |
Response
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Subtype |
Response
|
Description |
Response ~ IN OPPOSITION TO APPELLANT'S MOTION TO SUPPLEMENT RECORD
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On Behalf Of |
Matthew Wilkinsky
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|
Docket Date |
2022-08-16
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Type |
Motions Relating to Records
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Subtype |
Motion to Supplement Record
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Description |
Motion To File Supplemental Record ~ AMENDED
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On Behalf Of |
Lennar Homes, LLC
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|
Docket Date |
2022-08-15
|
Type |
Motions Relating to Records
|
Subtype |
Motion to Supplement Record
|
Description |
Motion To File Supplemental Record
|
On Behalf Of |
Lennar Homes, LLC
|
|
Docket Date |
2022-08-01
|
Type |
Record
|
Subtype |
Appendix
|
Description |
Appendix to Brief ~ SUPPLEMENTAL APPENDIX **Supplemental record**
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On Behalf Of |
Matthew Wilkinsky
|
|
Docket Date |
2022-08-01
|
Type |
Order
|
Subtype |
Order on Motion to Supplement Record & EOT/Toll Briefing
|
Description |
ORD-Allowing Attachment to Record ~ ORDERED that appellee’s July 29, 2022 motion to supplement the record is granted, and the record is supplemented to include the March 1, 2022 agreed order. Said supplemental record is deemed filed as of the date of this order and is found in the appendix to the answer brief.
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|
Docket Date |
2022-07-29
|
Type |
Motions Relating to Records
|
Subtype |
Motion to Supplement Record
|
Description |
Motion To File Supplemental Record
|
On Behalf Of |
Matthew Wilkinsky
|
|
Docket Date |
2022-07-29
|
Type |
Brief
|
Subtype |
Answer Brief
|
Description |
Appellee's Answer Brief
|
On Behalf Of |
Matthew Wilkinsky
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|
Docket Date |
2022-07-27
|
Type |
Motions Other
|
Subtype |
Motion For Review
|
Description |
Motion For Review
|
On Behalf Of |
Lennar Homes, LLC
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|
Docket Date |
2022-07-25
|
Type |
Order
|
Subtype |
Order on Miscellaneous Motion
|
Description |
Grant Miscellaneous Motion ~ ORDERED that appellant’s July 22, 2022 motion to supplement the appendix on appeal is granted. Appellant shall file the supplemental appendix within ten (10) days from the date of this order.
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Docket Date |
2022-07-25
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Type |
Record
|
Subtype |
Supplemental Record
|
Description |
Supplemental Records ~ SUPPLEMENTAL APPENDIX
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On Behalf Of |
Clerk - Broward
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|
Docket Date |
2022-07-22
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Type |
Motions Other
|
Subtype |
Miscellaneous Motion
|
Description |
Miscellaneous Motion ~ MOTION TO SUPPLEMENT THE APPENDIX ON APPEAL
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On Behalf Of |
Lennar Homes, LLC
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|
Docket Date |
2022-07-15
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
Description |
Order Granting EOT for Answer Brief ~ ORDERED that appellee’s July 14, 2022 motion for extension of time is granted, and appellee shall serve the answer brief on or before July 29, 2022. In addition, appellee is notified that the failure to serve the brief within the time provided herein may foreclose appellee’s right to file a brief or otherwise participate in this appeal.
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Docket Date |
2022-07-14
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Type |
Motions Extensions
|
Subtype |
Motion for Extension of Time to Serve Answer Brief
|
Description |
Mot. for Extension of time to file Answer Brief
|
On Behalf Of |
Matthew Wilkinsky
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|
Docket Date |
2022-06-21
|
Type |
Order
|
Subtype |
Order Striking Filing
|
Description |
Order Striking Appendix - Non-Compliance With R. 9.220 ~ ORDERED that appellant’s appendix to the initial brief is stricken as not in compliance with Florida Rule of Appellate Procedure 9.220(c), which was amended effective October 1, 2017, in that it was not consecutively paginated, beginning with the cover sheet as page 1, was not paginated so that the page numbers displayed by the PDF reader exactly match the pagination of the index. An amended appendix in compliance with Rule 9.220(c) shall be filed within two (2) days from the date of this order.
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Docket Date |
2022-06-21
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Type |
Record
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Subtype |
Appendix
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Description |
Appendix to Brief ~ AMENDED
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On Behalf Of |
Lennar Homes, LLC
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|
Docket Date |
2022-06-21
|
Type |
Brief
|
Subtype |
Initial Brief
|
Description |
Initial Brief on Merits
|
On Behalf Of |
Lennar Homes, LLC
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|
Docket Date |
2022-06-01
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
Description |
Order Granting EOT for Initial Brief ~ ORDERED that appellant’s May 24, 2022 amended motion for extension of time is granted, and appellant shall serve the initial brief on or before June 20, 2022. 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 |
2022-05-24
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Type |
Motions Extensions
|
Subtype |
Motion for Extension of Time to Serve Initial Brief
|
Description |
Mot. for Extension of time to file Initial Brief ~ AMENDED
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On Behalf Of |
Lennar Homes, LLC
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|
Docket Date |
2022-05-24
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Type |
Order
|
Subtype |
Order Striking Filing
|
Description |
Stricken - Non-Compliance With R. 9.045 ~ ORDERED that appellant’s May 23, 2022 motion for extension of time to file initial brief 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.
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Docket Date |
2022-05-10
|
Type |
Misc. Events
|
Subtype |
Case Filing Fee Paid through Portal
|
Description |
Case Filing Fee Paid Through Portal
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On Behalf Of |
Lennar Homes, LLC
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|
Docket Date |
2022-05-05
|
Type |
Misc. Events
|
Subtype |
Fee Status
|
Description |
FP:Fee Paid Through Portal
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|
Docket Date |
2022-05-05
|
Type |
Letter
|
Subtype |
Acknowledgment Letter
|
Description |
Acknowledgment Letter
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|
Docket Date |
2022-05-05
|
Type |
Notice
|
Subtype |
Notice of Appeal
|
Description |
Notice of Appeal Filed
|
On Behalf Of |
Lennar Homes, LLC
|
|
Docket Date |
2023-01-04
|
Type |
Order
|
Subtype |
Order
|
Description |
Miscellaneous Order ~ ORDERED that appellant Lennar Homes, LLC’s, August 23, 2022 motion for attorney's fees is granted. On remand, the trial court shall set the amount of the attorney's fees to be awarded for this appellate case. If a motion for rehearing is filed in this court, then services rendered in connection with the filing of the motion, including, but not limited to, preparation of a responsive pleading, shall be taken into account in computing the amount of the fee. Further,ORDERED that the appellee Matthew Wilkinsky’s August 29, 2022 motion for attorney's fees is denied. Further,ORDERED that appellant Lennar Homes, LLC’s August 29, 2022 request for oral argument is denied.
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Docket Date |
2022-05-23
|
Type |
Motions Extensions
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Subtype |
Motion for Extension of Time to Serve Initial Brief
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Description |
Mot. for Extension of time to file Initial Brief ~ **Stricken**
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On Behalf Of |
Lennar Homes, LLC
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W P AUTO SALES, INC. VS LIBERTY MUTUAL INSURANCE COMPANY AND LENNAR HOMES, LLC
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6D2023-0299
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2022-03-16
|
Closed
|
|
Classification |
NOA Final - Circuit Civil - Other
|
Court |
6th District Court of Appeal
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Originating Court |
Circuit Court for the Tenth Judicial Circuit, Polk County
19-CA-3463
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Parties
Name |
W P AUTO SALES INC
|
Role |
Appellant
|
Status |
Active
|
Representations |
Craig M. Spanjers, Esq.
|
|
Name |
LIBERTY MUTUAL INSURANCE COMPANY
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Role |
Appellee
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Status |
Active
|
Representations |
DARA LINDQUIST, ESQ., CHARLOTTE L. WARREN, ESQ., JOSEPH H. LANG, JR., ESQ.
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|
Name |
LENNAR HOMES, LLC
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Role |
Appellee
|
Status |
Active
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|
Name |
HON. JAMES A. YANCEY
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Role |
Judge/Judicial Officer
|
Status |
Active
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|
Name |
STACY BUTTERFIELD, CLERK
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Role |
Lower Tribunal Clerk
|
Status |
Active
|
|
Docket Entries
Docket Date |
2023-07-17
|
Type |
Misc. Events
|
Subtype |
West Publishing
|
Description |
West Publishing
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|
Docket Date |
2023-05-03
|
Type |
Mandate
|
Subtype |
Mandate
|
Description |
Mandate
|
|
Docket Date |
2023-04-13
|
Type |
Order
|
Subtype |
Order on Motion For Attorney's Fees
|
Description |
ORDER GRANTING ATTORNEY'S FEES (F1) ~ Appellee, Liberty Mutual Insurance Company’s motion for attorney fees filed on July 12, 2022, is granted and the above-style cause is hereby remanded to the trial court pursuant to Fla. R. App. P. 9.400(b) to determine amount.Appellee, Lennar Homes, LLC’s motion for attorney fees filed on July 12, 2022, is provisionally granted, subject to the significant issues test following remand. See Marocco v. Brabec, 299 So. 3d 416 (Fla. 1st DCA 2019).Appellant, W.P. Auto Sales, Inc.’s motion for attorney fees filed on August10, 2022, is provisionally granted, subject to the significant issues test following remand. See Marocco v. Brabec, 299 So. 3d 416 (Fla. 1st DCA 2019).
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Docket Date |
2023-04-11
|
Type |
Disposition by Opinion
|
Subtype |
Affirmed
|
Description |
Affirmed - Per Curiam Affirmed
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|
Docket Date |
2023-03-16
|
Type |
Misc. Events
|
Subtype |
Oral Argument Date Set
|
Description |
Oral Argument Date Set ~ 6DCA
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Docket Date |
2023-02-24
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Type |
Notice
|
Subtype |
Notice
|
Description |
Notice ~ NOTICE OF DESIGNATION OF ORAL ARGUMENT ADVOCATE
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On Behalf Of |
LIBERTY MUTUAL INSURANCE COMPANY
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Docket Date |
2023-02-16
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Type |
Order
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Subtype |
Zoom Instructions-OA
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Description |
ZOOM INSTRUCTIONS-ORAL ARGUMENTS ~ NOTICE TO ATTORNEYS AND SELF-REPRESENTED PARTIES REGARDING REMOTE (ZOOM) ORAL ARGUMENT
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Docket Date |
2023-02-16
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Type |
Notice
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Subtype |
Notice
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Description |
NOTICE OF ORAL ARGUMENT VIA ZOOM ~ The Court has set oral argument in this case as a remote oral argument by audio-video communication technology (Zoom) on March 16, 2023, at 9:00 am. Oral arguments are currently scheduled before judges Jay P. Cohen, Carrie Ann Wozniak, and Jared E. Smith.No later than fourteen (14) days prior to the scheduled remote video oral argument, each party shall file with this Court a written designation, identifying by name and e-mail address the attorney or party (if not represented by counsel) who will argue the case on that party’s behalf. The Court will provide a separate notice regarding technical requirements and instructions for participating in the remote video oral argument.
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Docket Date |
2023-01-03
|
Type |
Letter
|
Subtype |
Acknowledgment Letter
|
Description |
Acknowledgment Letter 1
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|
Docket Date |
2022-12-30
|
Type |
Disposition by Order
|
Subtype |
Transferred
|
Description |
Transfer to Sixth DCA
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Docket Date |
2022-09-07
|
Type |
Order
|
Subtype |
Order on Motion For Leave To File Amended Brief
|
Description |
Grant Motion File Amended Brief-12c ~ Appellees’ motion for leave to file a second amended answer brief for thepurpose of updating the citations to the page numbers in appellant's second amendedinitial brief is granted. The second amended answer brief filed August 22, 2022, isaccepted and the amended answer brief deemed filed on July 27, 2022, is stricken.The appendix to the original answer brief filed on July 12, 2022, shall serve as theappendix to the second amended answer brief.
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Docket Date |
2022-08-22
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Type |
Motions Relating to Briefs
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Subtype |
Motion to Amend Brief
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Description |
Motion For Leave To File Amended Brief ~ APPELLEES' MOTION FOR LEAVE TO FILE SECOND AMENDED ANSWER BRIEF, AND TO STRIKE AMENDED ANSWER BRIEF
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On Behalf Of |
LIBERTY MUTUAL INSURANCE COMPANY
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Docket Date |
2022-08-22
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Type |
Brief
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Subtype |
Amended Answer Brief
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Description |
Amended Appellee Answer Brief ~ SECOND AMENDED ANSWER BRIEF OF DEFENDANTS ATTACHED TO MOTION FOR LEAVE TO FILED AMENDED BRIEF
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On Behalf Of |
LIBERTY MUTUAL INSURANCE COMPANY
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Docket Date |
2022-08-18
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Type |
Order
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Subtype |
Order on Motion For Leave To File Amended Brief
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Description |
Grant Motion File Amended Brief-12c ~ Appellant W P Auto Sales, Inc.'s Motion for Leave to File Second Amended Initial Brief is granted, and the second amended initial brief attached to the motion is accepted as filed. The amended initial brief filed July 15, 2022, is stricken. Appellee's Motion for Leave to File Amended Answer Brief, and to Strike Original Answer Brief is granted. The amended answer brief attached to the motion for leave to amend is accepted as filed on July 27, 2022. The original answer brief filed July 12, 2022, is stricken. The appendix to answer brief filed July 12, 2022, shall serve as the appendix to the amended answer brief.
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Docket Date |
2022-08-17
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Type |
Response
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Subtype |
Response
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Description |
RESPONSE ~ APPELLEES' RESPONSE TO APPELLANT'S MOTION FOR APPELLATE ATTORNEY'S FEES
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On Behalf Of |
LIBERTY MUTUAL INSURANCE COMPANY
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Docket Date |
2022-08-12
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Type |
Motions Relating to Oral Argument
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Subtype |
Motion/Request for Oral Argument
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Description |
Request for Oral Argument ~ APPELLEES' REQUEST FOR ORAL ARGUMENT BY VIDEO
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On Behalf Of |
LIBERTY MUTUAL INSURANCE COMPANY
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Docket Date |
2022-08-11
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Type |
Order
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Subtype |
Order on Motion/Request for Oral Argument
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Description |
Amended OA Request Permitted ~ A request for oral argument has been filed in this case. Within five days from the date of this order, any party may file a request that the argument be conducted by video. The manner of oral argument will be decided in the court's discretion. A video request must state the reason in support, and it must indicate that the requesting party has consulted opposing counsel and is authorized to represent that opposing counsel either has no objection or will file an objection. A party objecting to a request to conduct oral argument by video must file a response within five days after service of the request.
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Docket Date |
2022-08-10
|
Type |
Motions Relating to Attorney Fees/Costs
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Subtype |
Motion For Attorney's Fees
|
Description |
Motion For Attorney's Fees ~ Appellant, W.P. Auto Sales, Inc.'s motion for attorney fees filed on August10, 2022, is provisionally granted, subject to the significant issues testfollowing remand. See Marocco v. Brabec, 299 So. 3d 416 (Fla. 1st DCA 2019).
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On Behalf Of |
W P AUTO SALES, INC.
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Docket Date |
2022-08-10
|
Type |
Brief
|
Subtype |
Reply Brief
|
Description |
Appellant Reply Brief
|
On Behalf Of |
W P AUTO SALES, INC.
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|
Docket Date |
2022-08-10
|
Type |
Motions Relating to Oral Argument
|
Subtype |
Motion/Request for Oral Argument
|
Description |
Request for Oral Argument
|
On Behalf Of |
W P AUTO SALES, INC.
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|
Docket Date |
2022-08-02
|
Type |
Brief
|
Subtype |
Amended Initial Brief
|
Description |
Amended Appellant Initial Brief ~ Attached to Motion for Leave to File Amended Brief
|
On Behalf Of |
W P AUTO SALES, INC.
|
|
Docket Date |
2022-08-02
|
Type |
Motions Relating to Briefs
|
Subtype |
Motion to Amend Brief
|
Description |
Motion For Leave To File Amended Brief
|
On Behalf Of |
W P AUTO SALES, INC.
|
|
Docket Date |
2022-07-28
|
Type |
Order
|
Subtype |
Order on Motion To Strike
|
Description |
Grant Motion to Strike ~ Appellant, W P Auto Sales, Inc.'s Motion to Strike its Original Initial Brief is granted, and the initial brief filed May 20, 2022, is stricken.
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|
Docket Date |
2022-07-27
|
Type |
Motions Other
|
Subtype |
Miscellaneous Motion
|
Description |
Miscellaneous Motion ~ APPELLEES' MOTION FOR LEAVE TO FILE AMENDED ANSWERBRIEF, AND TO STRIKE ORIGINAL ANSWER BRIEF
|
On Behalf Of |
LIBERTY MUTUAL INSURANCE COMPANY
|
|
Docket Date |
2022-07-27
|
Type |
Brief
|
Subtype |
Amended Answer Brief
|
Description |
Amended Appellee Answer Brief ~ Attached to Miscellaneous Motion "APPELLEES' MOTION FOR LEAVE TO FILE AMENDED ANSWER BRIEF, AND TO STRIKE ORIGINAL ANSWER BRIEF"
|
On Behalf Of |
LIBERTY MUTUAL INSURANCE COMPANY
|
|
Docket Date |
2022-07-15
|
Type |
Brief
|
Subtype |
Amended Initial Brief
|
Description |
Amended Appellant Initial Brief ~ **STRICKEN**
|
On Behalf Of |
W P AUTO SALES, INC.
|
|
Docket Date |
2022-07-15
|
Type |
Motions Other
|
Subtype |
Motion To Strike
|
Description |
Motion To Strike ~ AMENDED APPELLANT, W P AUTO SALES, INC.'S MOTION TO STRIKE ITS ORIGINAL INITIAL BRIEF
|
On Behalf Of |
W P AUTO SALES, INC.
|
|
Docket Date |
2022-07-12
|
Type |
Motions Relating to Attorney Fees/Costs
|
Subtype |
Motion For Attorney's Fees
|
Description |
Motion For Attorney's Fees ~ Appellee, Liberty Mutual Insurance Company's motion for attorney feesfiled on July 12, 2022, is granted and the above-style cause is herebyremanded to the trial court pursuant to Fla. R. App. P. 9.400(b) to determineamount.Appellee, Lennar Homes, LLC's motion for attorney fees filed on July 12,2022, is provisionally granted, subject to the significant issues test followingremand. See Marocco v. Brabec, 299 So. 3d 416 (Fla. 1st DCA 2019).
|
On Behalf Of |
LIBERTY MUTUAL INSURANCE COMPANY
|
|
Docket Date |
2022-07-12
|
Type |
Brief
|
Subtype |
Appendix
|
Description |
Appendix for Answer Brief
|
On Behalf Of |
LIBERTY MUTUAL INSURANCE COMPANY
|
|
Docket Date |
2022-06-24
|
Type |
Record
|
Subtype |
Record on Appeal
|
Description |
Received Records ~ YANCEY - CORRECTED - REDACTED - 2585 PAGES
|
|
Docket Date |
2022-06-21
|
Type |
Order
|
Subtype |
Order on Motion to Amend/Correct Record
|
Description |
ORD-ALLOW RECORD T/B CORRECTED ~ The Joint Stipulation to Supplement or Correct the Record on Appeal is granted, and appellant shall make arrangements within three days with the clerk of the lower tribunal for the supplementation of the record with the items mentioned in the motion, with the supplemental record to be filed in this court within twenty-five days from the date of this order. Upon the filing of the supplemental record, Appellant shall serve an amended initial brief for the limited purpose of including citations to the supplemental record, together with a motion to strike the original brief.
|
|
Docket Date |
2022-05-27
|
Type |
Notice
|
Subtype |
Notice of Agreed Extension of Time
|
Description |
Stipulation for Extension of Time ~ NOTICE OF AGREED EXTENSION//30 - AB DUE 7/19/22
|
On Behalf Of |
LIBERTY MUTUAL INSURANCE COMPANY
|
|
Docket Date |
2022-05-26
|
Type |
Notice
|
Subtype |
Notice of Appearance
|
Description |
Notice of Appearance ~ NOTICE OF APPERANCE AND DESIGNATION OF E-MAILADDRESSES FOR SERVICE OF COURT DOCUMENTS BYCOUNSEL FOR APPELLEES LENNAR HOMES, LLC AND LIBERTYMUTUAL INSURANCE COMPANY
|
On Behalf Of |
LIBERTY MUTUAL INSURANCE COMPANY
|
|
Docket Date |
2022-05-20
|
Type |
Brief
|
Subtype |
Initial Brief
|
Description |
Initial Appellant Brief on Merits ~ **STRICKEN**
|
On Behalf Of |
W P AUTO SALES, INC.
|
|
Docket Date |
2022-05-19
|
Type |
Record
|
Subtype |
Appendix to Motion
|
Description |
ALL OTHER MOTIONS APPENDIX/ATTACHMENT
|
On Behalf Of |
W P AUTO SALES, INC.
|
|
Docket Date |
2022-05-19
|
Type |
Motions Relating to Records
|
Subtype |
Motion to Amend/Correct Record
|
Description |
Motion To Correct the Record ~ JOINT STIPULATION TO SUPPLEMENT OR CORRECT THE RECORD ON APPEAL
|
On Behalf Of |
W P AUTO SALES, INC.
|
|
Docket Date |
2022-05-17
|
Type |
Record
|
Subtype |
Record on Appeal
|
Description |
Received Records ~ YANCEY - REDACTED - 2580 PAGES
|
|
Docket Date |
2022-03-23
|
Type |
Misc. Events
|
Subtype |
Certificate of Service
|
Description |
Certificate of Service ~ AMENDED CERTIFICATE OF SERVICE FOR NOTICE OF APPEAL
|
On Behalf Of |
W P AUTO SALES, INC.
|
|
Docket Date |
2022-03-23
|
Type |
Order
|
Subtype |
Invite Dismissal of Partial Judgment
|
Description |
invite dismissal of partial judgment
|
|
Docket Date |
2022-03-23
|
Type |
Letter
|
Subtype |
Acknowledgment Letter
|
Description |
Acknowledgment Letter 1 ~ AMENDED
|
|
Docket Date |
2022-03-22
|
Type |
Misc. Events
|
Subtype |
Case Filing Fee Paid through Portal
|
Description |
Case Filing Fee Paid through Portal
|
On Behalf Of |
W P AUTO SALES, INC.
|
|
Docket Date |
2022-03-17
|
Type |
Order
|
Subtype |
Amended/Additional Filing(s) Needed
|
Description |
Order to Amend Cert. of Service; Mailing Addresses
|
|
Docket Date |
2022-03-17
|
Type |
Letter
|
Subtype |
Acknowledgment Letter
|
Description |
Acknowledgment Letter 1
|
|
Docket Date |
2022-03-16
|
Type |
Misc. Events
|
Subtype |
Fee Status
|
Description |
FP:Fee Paid Through Portal
|
|
Docket Date |
2022-03-16
|
Type |
Notice
|
Subtype |
Notice of Appeal
|
Description |
Notice of Appeal Filed ~ W/ORDER APPEALED
|
On Behalf Of |
W P AUTO SALES, INC.
|
|
|
W P AUTO SALES, INC. VS LIBERTY MUTUAL INSURANCE COMPANY AND LENNAR HOMES, LLC
|
2D2022-0823
|
2022-03-16
|
Closed
|
|
Classification |
NOA Final - Circuit Civil - Other
|
Court |
2nd District Court of Appeal
|
Originating Court |
Circuit Court for the Tenth Judicial Circuit, Polk County
19-CA-3463
|
Parties
Name |
W P AUTO SALES INC
|
Role |
Appellant
|
Status |
Active
|
Representations |
Craig M. Spanjers, Esq.
|
|
Name |
LIBERTY MUTUAL INSURANCE COMPANY
|
Role |
Appellee
|
Status |
Active
|
Representations |
JOSEPH H. LANG, JR., ESQ., DARA LINDQUIST, ESQ., CHARLOTTE L. WARREN, ESQ.
|
|
Name |
LENNAR HOMES, LLC
|
Role |
Appellee
|
Status |
Active
|
|
Name |
POLK CLERK
|
Role |
Lower Tribunal Clerk
|
Status |
Active
|
|
Name |
HON. JAMES A. YANCEY
|
Role |
Lower Tribunal Clerk
|
Status |
Active
|
|
Docket Entries
Docket Date |
2022-12-30
|
Type |
Disposition
|
Subtype |
Transferred
|
Description |
Transferred - Order by Judge ~ TRANSFERRED TO SIXTH DCA
|
|
Docket Date |
2022-12-30
|
Type |
Disposition by Order
|
Subtype |
Transferred
|
Description |
Transfer to Sixth DCA
|
|
Docket Date |
2022-09-07
|
Type |
Order
|
Subtype |
Order on Motion For Leave To File Amended Brief
|
Description |
Grant Motion File Amended Brief-12c ~ Appellees’ motion for leave to file a second amended answer brief for thepurpose of updating the citations to the page numbers in appellant's second amendedinitial brief is granted. The second amended answer brief filed August 22, 2022, isaccepted and the amended answer brief deemed filed on July 27, 2022, is stricken.The appendix to the original answer brief filed on July 12, 2022, shall serve as theappendix to the second amended answer brief.
|
|
Docket Date |
2022-08-22
|
Type |
Motions Relating to Briefs
|
Subtype |
Motion to Amend Brief
|
Description |
Motion For Leave To File Amended Brief ~ APPELLEES' MOTION FOR LEAVE TO FILE SECOND AMENDED ANSWER BRIEF, AND TO STRIKE AMENDED ANSWER BRIEF
|
On Behalf Of |
LIBERTY MUTUAL INSURANCE COMPANY
|
|
Docket Date |
2022-08-22
|
Type |
Brief
|
Subtype |
Amended Answer Brief
|
Description |
Amended Appellee Answer Brief ~ SECOND AMENDED ANSWER BRIEF OF DEFENDANTS ATTACHED TO MOTION FOR LEAVE TO FILED AMENDED BRIEF
|
On Behalf Of |
LIBERTY MUTUAL INSURANCE COMPANY
|
|
Docket Date |
2022-08-18
|
Type |
Order
|
Subtype |
Order on Motion For Leave To File Amended Brief
|
Description |
Grant Motion File Amended Brief-12c ~ Appellant W P Auto Sales, Inc.'s Motion for Leave to File Second Amended Initial Brief is granted, and the second amended initial brief attached to the motion is accepted as filed. The amended initial brief filed July 15, 2022, is stricken. Appellee's Motion for Leave to File Amended Answer Brief, and to Strike Original Answer Brief is granted. The amended answer brief attached to the motion for leave to amend is accepted as filed on July 27, 2022. The original answer brief filed July 12, 2022, is stricken. The appendix to answer brief filed July 12, 2022, shall serve as the appendix to the amended answer brief.
|
|
Docket Date |
2022-08-17
|
Type |
Response
|
Subtype |
Response
|
Description |
RESPONSE ~ APPELLEES' RESPONSE TO APPELLANT'S MOTION FOR APPELLATE ATTORNEY'S FEES
|
On Behalf Of |
LIBERTY MUTUAL INSURANCE COMPANY
|
|
Docket Date |
2022-08-12
|
Type |
Motions Relating to Oral Argument
|
Subtype |
Motion/Request for Oral Argument
|
Description |
Request for Oral Argument ~ APPELLEES' REQUEST FOR ORAL ARGUMENT BY VIDEO
|
On Behalf Of |
LIBERTY MUTUAL INSURANCE COMPANY
|
|
Docket Date |
2022-08-11
|
Type |
Order
|
Subtype |
Order on Motion/Request for Oral Argument
|
Description |
Amended OA Request Permitted ~ A request for oral argument has been filed in this case. Within five days from the date of this order, any party may file a request that the argument be conducted by video. The manner of oral argument will be decided in the court's discretion. A video request must state the reason in support, and it must indicate that the requesting party has consulted opposing counsel and is authorized to represent that opposing counsel either has no objection or will file an objection. A party objecting to a request to conduct oral argument by video must file a response within five days after service of the request.
|
|
Docket Date |
2022-08-10
|
Type |
Motions Relating to Oral Argument
|
Subtype |
Motion/Request for Oral Argument
|
Description |
Request for Oral Argument
|
On Behalf Of |
W P AUTO SALES, INC.
|
|
Docket Date |
2022-08-10
|
Type |
Brief
|
Subtype |
Reply Brief
|
Description |
Appellant Reply Brief
|
On Behalf Of |
W P AUTO SALES, INC.
|
|
Docket Date |
2022-08-10
|
Type |
Motions Relating to Attorney Fees/Costs
|
Subtype |
Motion For Attorney's Fees
|
Description |
Motion For Attorney's Fees
|
On Behalf Of |
W P AUTO SALES, INC.
|
|
Docket Date |
2022-08-02
|
Type |
Motions Relating to Briefs
|
Subtype |
Motion to Amend Brief
|
Description |
Motion For Leave To File Amended Brief
|
On Behalf Of |
W P AUTO SALES, INC.
|
|
Docket Date |
2022-08-02
|
Type |
Brief
|
Subtype |
Amended Initial Brief
|
Description |
Amended Appellant Initial Brief ~ Attached to Motion for Leave to File Amended Brief
|
On Behalf Of |
W P AUTO SALES, INC.
|
|
Docket Date |
2022-07-28
|
Type |
Order
|
Subtype |
Order on Motion To Strike
|
Description |
Grant Motion to Strike ~ Appellant, W P Auto Sales, Inc.'s Motion to Strike its Original Initial Brief is granted, and the initial brief filed May 20, 2022, is stricken.
|
|
Docket Date |
2022-07-27
|
Type |
Motions Other
|
Subtype |
Miscellaneous Motion
|
Description |
Miscellaneous Motion ~ APPELLEES' MOTION FOR LEAVE TO FILE AMENDED ANSWERBRIEF, AND TO STRIKE ORIGINAL ANSWER BRIEF
|
On Behalf Of |
LIBERTY MUTUAL INSURANCE COMPANY
|
|
Docket Date |
2022-07-27
|
Type |
Brief
|
Subtype |
Amended Answer Brief
|
Description |
Amended Appellee Answer Brief ~ Attached to Miscellaneous Motion "APPELLEES' MOTION FOR LEAVE TO FILE AMENDED ANSWER BRIEF, AND TO STRIKE ORIGINAL ANSWER BRIEF"
|
On Behalf Of |
LIBERTY MUTUAL INSURANCE COMPANY
|
|
Docket Date |
2022-07-15
|
Type |
Brief
|
Subtype |
Amended Initial Brief
|
Description |
Amended Appellant Initial Brief ~ **STRICKEN**
|
On Behalf Of |
W P AUTO SALES, INC.
|
|
Docket Date |
2022-07-15
|
Type |
Motions Other
|
Subtype |
Motion To Strike
|
Description |
Motion To Strike ~ AMENDED APPELLANT, W P AUTO SALES, INC.'S MOTION TO STRIKE ITS ORIGINAL INITIAL BRIEF
|
On Behalf Of |
W P AUTO SALES, INC.
|
|
Docket Date |
2022-07-12
|
Type |
Motions Relating to Attorney Fees/Costs
|
Subtype |
Motion For Attorney's Fees
|
Description |
Motion For Attorney's Fees
|
On Behalf Of |
LIBERTY MUTUAL INSURANCE COMPANY
|
|
Docket Date |
2022-07-12
|
Type |
Brief
|
Subtype |
Appendix
|
Description |
Appendix for Answer Brief
|
On Behalf Of |
LIBERTY MUTUAL INSURANCE COMPANY
|
|
Docket Date |
2022-06-24
|
Type |
Record
|
Subtype |
Record on Appeal
|
Description |
Received Records ~ YANCEY - CORRECTED - REDACTED - 2585 PAGES
|
|
Docket Date |
2022-06-21
|
Type |
Order
|
Subtype |
Order on Motion to Amend/Correct Record
|
Description |
ORD-ALLOW RECORD T/B CORRECTED ~ The Joint Stipulation to Supplement or Correct the Record on Appeal is granted, and appellant shall make arrangements within three days with the clerk of the lower tribunal for the supplementation of the record with the items mentioned in the motion, with the supplemental record to be filed in this court within twenty-five days from the date of this order. Upon the filing of the supplemental record, Appellant shall serve an amended initial brief for the limited purpose of including citations to the supplemental record, together with a motion to strike the original brief.
|
|
Docket Date |
2022-05-27
|
Type |
Notice
|
Subtype |
Notice of Agreed Extension of Time
|
Description |
Stipulation for Extension of Time ~ NOTICE OF AGREED EXTENSION//30 - AB DUE 7/19/22
|
On Behalf Of |
LIBERTY MUTUAL INSURANCE COMPANY
|
|
Docket Date |
2022-05-26
|
Type |
Notice
|
Subtype |
Notice of Appearance
|
Description |
Notice of Appearance ~ NOTICE OF APPERANCE AND DESIGNATION OF E-MAILADDRESSES FOR SERVICE OF COURT DOCUMENTS BYCOUNSEL FOR APPELLEES LENNAR HOMES, LLC AND LIBERTYMUTUAL INSURANCE COMPANY
|
On Behalf Of |
LIBERTY MUTUAL INSURANCE COMPANY
|
|
Docket Date |
2022-05-20
|
Type |
Brief
|
Subtype |
Initial Brief
|
Description |
Initial Appellant Brief on Merits ~ **STRICKEN**
|
On Behalf Of |
W P AUTO SALES, INC.
|
|
Docket Date |
2022-05-19
|
Type |
Motions Relating to Records
|
Subtype |
Motion to Amend/Correct Record
|
Description |
Motion To Correct the Record ~ JOINT STIPULATION TO SUPPLEMENT OR CORRECT THE RECORD ON APPEAL
|
On Behalf Of |
W P AUTO SALES, INC.
|
|
Docket Date |
2022-05-19
|
Type |
Record
|
Subtype |
Appendix to Motion
|
Description |
ALL OTHER MOTIONS APPENDIX/ATTACHMENT
|
On Behalf Of |
W P AUTO SALES, INC.
|
|
Docket Date |
2022-05-17
|
Type |
Record
|
Subtype |
Record on Appeal
|
Description |
Received Records ~ YANCEY - REDACTED - 2580 PAGES
|
|
Docket Date |
2022-03-23
|
Type |
Misc. Events
|
Subtype |
Certificate of Service
|
Description |
Certificate of Service ~ AMENDED CERTIFICATE OF SERVICE FOR NOTICE OF APPEAL
|
On Behalf Of |
W P AUTO SALES, INC.
|
|
Docket Date |
2022-03-23
|
Type |
Order
|
Subtype |
Invite Dismissal of Partial Judgment
|
Description |
invite dismissal of partial judgment
|
|
Docket Date |
2022-03-23
|
Type |
Letter
|
Subtype |
Acknowledgment Letter
|
Description |
Acknowledgment Letter 1 ~ AMENDED
|
|
Docket Date |
2022-03-22
|
Type |
Misc. Events
|
Subtype |
Case Filing Fee Paid through Portal
|
Description |
Case Filing Fee Paid through Portal
|
On Behalf Of |
W P AUTO SALES, INC.
|
|
Docket Date |
2022-03-17
|
Type |
Order
|
Subtype |
Order on Filing Fee
|
Description |
fee - civil; atty
|
|
Docket Date |
2022-03-17
|
Type |
Letter
|
Subtype |
Acknowledgment Letter
|
Description |
Acknowledgment Letter 1
|
|
Docket Date |
2022-03-16
|
Type |
Notice
|
Subtype |
Notice of Appeal
|
Description |
Notice of Appeal Filed ~ W/ORDER APPEALED
|
On Behalf Of |
W P AUTO SALES, INC.
|
|
Docket Date |
2022-03-16
|
Type |
Misc. Events
|
Subtype |
Fee Status
|
Description |
FP:Fee Paid Through Portal
|
|
|
JONATHAN BAILEY AND REBECCA BAILEY VS LENNAR CORPORATION, ET AL
|
2D2019-3960
|
2019-10-15
|
Closed
|
|
Classification |
NOA Non Final - Circuit Civil - Other
|
Court |
2nd District Court of Appeal
|
Originating Court |
Circuit Court for the Tenth Judicial Circuit, Polk County
2019CA-000744-0000-00
|
Parties
Name |
REBECCA BAILEY
|
Role |
Appellant
|
Status |
Active
|
|
Name |
JONATHAN BAILEY
|
Role |
Appellant
|
Status |
Active
|
Representations |
CHRISTOPHER R. TURNER, ESQ.
|
|
Name |
BAYONET PLUMBING, HEATING & AIR-CONDITIONING, LLC
|
Role |
Appellee
|
Status |
Active
|
|
Name |
LENNAR CORPORATION
|
Role |
Appellee
|
Status |
Active
|
Representations |
MANUEL J. ALVAREZ, ESQ., CHRISTINE L. WELSTEAD, ESQ., STEPHANIE SIMM, ESQ.
|
|
Name |
LENNAR HOMES, LLC
|
Role |
Appellee
|
Status |
Active
|
|
Name |
HONORABLE STEVEN L. SELPH
|
Role |
Judge/Judicial Officer
|
Status |
Active
|
|
Name |
POLK CLERK
|
Role |
Lower Tribunal Clerk
|
Status |
Active
|
|
Docket Entries
Docket Date |
2019-12-11
|
Type |
Notice
|
Subtype |
Notice of Appearance
|
Description |
Notice of Appearance
|
On Behalf Of |
LENNAR CORPORATION
|
|
Docket Date |
2020-07-07
|
Type |
Mandate
|
Subtype |
Mandate
|
Description |
Mandate
|
|
Docket Date |
2020-06-19
|
Type |
Disposition by Opinion
|
Subtype |
Affirmed
|
Description |
Affirmed - Per Curiam Affirmed
|
|
Docket Date |
2020-06-09
|
Type |
Misc. Events
|
Subtype |
Oral Argument Date Set
|
Description |
Oral Argument Date Set ~ Tampa
|
|
Docket Date |
2020-06-03
|
Type |
Notice
|
Subtype |
Notice of Change of Address
|
Description |
Notice of Change of Address ~ NOTICE OF FIRM ADDRESS CHANGE
|
On Behalf Of |
JONATHAN BAILEY
|
|
Docket Date |
2020-05-15
|
Type |
Order
|
Subtype |
Order Re: Video Oral Argument
|
Description |
Video Oral Argument ~ To mitigate the impact of the COVID-19 outbreak while continuing with the orderly processing of cases, the oral argument in this case will be conducted by video conference on the date scheduled. The Clerk of the Court will provide connection instructions to each participant one week before the argument. If the assigned judges decide that the Court will not benefit from oral argument or the parties file a joint stipulation to waive oral argument, the parties will be notified by order that the oral argument is canceled and the case will be resolved on the record and briefs.
|
|
Docket Date |
2020-04-07
|
Type |
Order
|
Subtype |
Order on Motion/Request for Oral Argument
|
Description |
Oral Argument Notice ~ This case is provisionally set for oral argument on TUESDAY, JUNE 09, 2020, at 11:00 A.M., before: Judge Stevan T. Northcutt, Judge Patricia J. Kelly, Judge J. Andrew Atkinson. Oral argument will occur at the Second District Court of Appeal, Tampa Branch Headquarters, in the courtroom of the Stetson University College Of Law, Tampa Campus, First Floor, 1700 North Tampa Street, Tampa, Florida. The court calendars can be viewed on this court’s website at www.2dca.org. Counsel or parties are requested to make their presence known to the receptionist by fifteen minutes prior to the time listed above.The panel is subject to change without notice. Should the assigned panel of judges decide that the court will not benefit from oral argument in this proceeding, the attorneys or parties will be notified by order no less than two weeks before the scheduled date.Please review the notice regarding oral argument in the Second District Court of Appeal. A copy has been furnished with this order and may also be found on this court’s website.
|
|
Docket Date |
2020-03-18
|
Type |
Order
|
Subtype |
Order
|
Description |
MISCELLANEOUS ORDER ~ Appellants’ compliance with order dated March 12, 2020, requesting that oral argument be rescheduled is granted. The case will be rescheduled for a later date.
|
|
Docket Date |
2020-03-16
|
Type |
Response
|
Subtype |
Response
|
Description |
RESPONSE ~ REQUESTING THAT ORAL ARGUMENT BE RESCHEDULED
|
On Behalf Of |
JONATHAN BAILEY
|
|
Docket Date |
2020-03-12
|
Type |
Order
|
Subtype |
Order
|
Description |
Miscellaneous Order ~ By administrative order AOSC20-12, the Supreme Court of Florida directed courts to take mitigating measures to address the effects of the COVID-19 outbreak, including "prudent measures of social distancing to eliminate unnecessary face-to-face contact to the extent consistent with law" and "sanitary procedures designed to mitigate the spread of COVID-19 on court property." This court conducts most of its oral arguments in a courtroom that belongs to Stetson University College of Law, Tampa Law Center, and that is used for classes and events beyond this court's control. To mitigate the impact of this outbreak while continuing with the orderly processing of cases, the oral argument of April 7, 2020 date is canceled. Unless the parties advise the court, within ten days from the date of this order, that they request the oral argument to be rescheduled for a later date, the case will be considered on the date scheduled without oral argument.
|
|
Docket Date |
2020-02-06
|
Type |
Order
|
Subtype |
Order on Motion/Request for Oral Argument
|
Description |
Oral Argument Notice ~ This case is provisionally set for oral argument on TUESDAY, APRIL 07, 2020, at 9:30 A.M., before: Judge Darryl C. Casanueva, Judge Morris Silberman, Judge Patricia J. Kelly. Oral argument will occur at the Second District Court of Appeal, Tampa Branch Headquarters, in the courtroom of the Stetson University College Of Law, Tampa Campus, First Floor, 1700 North Tampa Street, Tampa, Florida. The court calendars can be viewed on this court’s website at www.2dca.org. Counsel or parties are requested to make their presence known to the receptionist by fifteen minutes prior to the time listed above.The panel is subject to change without notice. Should the assigned panel of judges decide that the court will not benefit from oral argument in this proceeding, the attorneys or parties will be notified by order no less than two weeks before the scheduled date.Please review the notice regarding oral argument in the Second District Court of Appeal. A copy has been furnished with this order and may also be found on this court’s website.
|
|
Docket Date |
2020-01-31
|
Type |
Brief
|
Subtype |
Reply Brief
|
Description |
Appellant Reply Brief
|
On Behalf Of |
JONATHAN BAILEY
|
|
Docket Date |
2020-01-21
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time to Serve Reply Brief
|
Description |
ORDER GRANTING APPELLANT'S REPLY BRIEF ~ Appellants' motion for extension of time is granted, and the reply brief shall be served by February 3, 2020.
|
|
Docket Date |
2020-01-16
|
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 |
JONATHAN BAILEY
|
|
Docket Date |
2020-01-13
|
Type |
Order
|
Subtype |
Order on Motion For Leave To File Amended Brief
|
Description |
Grant Motion File Amended Brief-12c ~ Appellant's motion to file amended initial brief is granted. The initial brief filed on October 30, 2019, is stricken. This appeal will proceed on the amended initial brief.
|
|
Docket Date |
2020-01-10
|
Type |
Motions Relating to Briefs
|
Subtype |
Motion to Amend Brief
|
Description |
Motion For Leave To File Amended Brief
|
On Behalf Of |
JONATHAN BAILEY
|
|
Docket Date |
2020-01-06
|
Type |
Order
|
Subtype |
Order
|
Description |
Miscellaneous Order ~ Appellants have filed an amended initial brief without leave of court. Within fifteen days of the date of this order, Appellants shall file a motion to amend the initial brief. The motion shall contain a certificate indicating whether the appellee(s) object to the filing of the amended initial brief.
|
|
Docket Date |
2020-01-03
|
Type |
Notice
|
Subtype |
Notice of Filing
|
Description |
Notice of Filing ~ CORRECTED INITIAL BRIEF
|
On Behalf Of |
JONATHAN BAILEY
|
|
Docket Date |
2020-01-03
|
Type |
Brief
|
Subtype |
Amended Initial Brief
|
Description |
Corrected Appellant Initial Brief
|
On Behalf Of |
JONATHAN BAILEY
|
|
Docket Date |
2019-12-30
|
Type |
Brief
|
Subtype |
Answer Brief
|
Description |
Appellee Answer Brief
|
On Behalf Of |
LENNAR CORPORATION
|
|
Docket Date |
2019-11-27
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
Description |
ORDER GRANTING EOT FOR ANSWER BRIEF ~ Appellees’ motion for extension of time is granted, and the answer brief shallbe served by December 30, 2019.
|
|
Docket Date |
2019-11-26
|
Type |
Motions Extensions
|
Subtype |
Motion for Extension of Time to Serve Answer Brief
|
Description |
Mot. for Extension of time to file Answer Brief
|
On Behalf Of |
LENNAR CORPORATION
|
|
Docket Date |
2019-11-26
|
Type |
Notice
|
Subtype |
Notice of Appearance
|
Description |
Notice of Appearance
|
On Behalf Of |
LENNAR CORPORATION
|
|
Docket Date |
2019-10-30
|
Type |
Motions Relating to Oral Argument
|
Subtype |
Motion/Request for Oral Argument
|
Description |
Request for Oral Argument
|
On Behalf Of |
JONATHAN BAILEY
|
|
Docket Date |
2019-10-30
|
Type |
Record
|
Subtype |
Appendix to Initial Brief
|
Description |
Appendix for Initial Brief
|
On Behalf Of |
JONATHAN BAILEY
|
|
Docket Date |
2019-10-30
|
Type |
Brief
|
Subtype |
Initial Brief
|
Description |
Initial Appellant Brief on Merits
|
On Behalf Of |
JONATHAN BAILEY
|
|
Docket Date |
2019-10-15
|
Type |
Order
|
Subtype |
Order on Filing Fee
|
Description |
fee - civil; atty
|
|
Docket Date |
2019-10-15
|
Type |
Letter
|
Subtype |
Acknowledgment Letter
|
Description |
Acknowledgment Letter 1
|
|
Docket Date |
2019-10-15
|
Type |
Misc. Events
|
Subtype |
Fee Status
|
Description |
FP:Fee Paid Through Portal
|
On Behalf Of |
JONATHAN BAILEY
|
|
Docket Date |
2019-10-15
|
Type |
Notice
|
Subtype |
Notice of Appeal
|
Description |
Notice of Appeal Filed ~ WITH ORDER
|
On Behalf Of |
JONATHAN BAILEY
|
|
|
REINA I. ECHEVARRIA and JORGE ECHEVARRIA, VS LENNAR HOMES, LLC, etc.,
|
3D2019-1422
|
2019-07-22
|
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
17-22589
|
Parties
Name |
Reina I. Echevarria
|
Role |
Appellant
|
Status |
Active
|
Representations |
Philip D. Parrish, Jorge P. Gutierrez, Jr., DELAILA J. ESTEFANO
|
|
Name |
JORGE ECHEVARRIA LLC
|
Role |
Appellant
|
Status |
Active
|
|
Name |
LENNAR HOMES, LLC
|
Role |
Appellee
|
Status |
Active
|
Representations |
KELLY ANNE LUTHER, David M. Gersten, GISELLE GONZALEZ MANSEUR, RYAN M. WOLIS
|
|
Name |
Hon. Mavel Ruiz
|
Role |
Judge/Judicial Officer
|
Status |
Active
|
|
Name |
Miami-Dade Clerk
|
Role |
Lower Tribunal Clerk
|
Status |
Active
|
|
Docket Entries
Docket Date |
2020-08-19
|
Type |
Mandate
|
Subtype |
Mandate
|
Description |
Mandate
|
|
Docket Date |
2020-07-28
|
Type |
Order
|
Subtype |
Order on Motion for Reconsideration/Rehearing of an Order
|
Description |
Rehearing denied (OD57) ~ Upon consideration, Appellee’s Motion for Rehearing, Motion for Clarification, Motion for Certification, and Supplemental Motion for Clarification are hereby denied. EMAS, C.J., and SCALES and MILLER, JJ., concur.
|
|
Docket Date |
2020-07-28
|
Type |
Misc. Events
|
Subtype |
West Publishing
|
Description |
West Publishing
|
|
Docket Date |
2020-07-23
|
Type |
Response
|
Subtype |
Response
|
Description |
RESPONSE ~ APPELLANTS' COMBINED RESPONSETO APPELLEE, LENNAR HOMES, LLC'S 1) MOTIONFOR REHEARING; 2) MOTION FOR CLARIFICATION;AND 3) MOTION FOR CERTIFICATION, ANDSUPPLEMENTAL MOTION FOR CLARIFICATION
|
On Behalf Of |
Reina I. Echevarria
|
|
Docket Date |
2020-07-20
|
Type |
Post-Disposition Motions
|
Subtype |
Motion For Clarification
|
Description |
Motion For Clarification
|
On Behalf Of |
LENNAR HOMES, LLC
|
|
Docket Date |
2020-07-17
|
Type |
Order
|
Subtype |
Order on Motion for Rehearing
|
Description |
Extension granted to file rehearing (OG06) ~ Appellee’s Motion for Three-Day Extension of Time to File Post-Opinion Motions is granted to and including July 20, 2020.
|
|
Docket Date |
2020-07-17
|
Type |
Post-Disposition Motions
|
Subtype |
Motion for Rehearing
|
Description |
Motion For Rehearing ~ APPELLEE, LENNAR HOMES, LLC'S1) MOTION FOR REHEARING; 2) MOTION FOR CLARIFICATION; AND, 3) MOTION FOR CERTIFICATION
|
On Behalf Of |
LENNAR HOMES, LLC
|
|
Docket Date |
2020-07-15
|
Type |
Motions Extensions
|
Subtype |
Motion for Extension of Time
|
Description |
Motion for Extension of Time ~ APPELLEE'S MOTION FOR THREE-DAY EXTENSION OF TIMETO FILE POST-OPINION MOTIONS(WITHOUT OBJECTION)
|
On Behalf Of |
LENNAR HOMES, LLC
|
|
Docket Date |
2020-07-01
|
Type |
Order
|
Subtype |
Order on Motion For Attorney's Fees
|
Description |
Attorney Fees Granted (OG47) ~ Upon consideration of the appellants’ Motion for a Conditional Award of Attorney’s Fees, it is ordered that said Motion is conditionally granted, and the matter is remanded to the trial court.
|
|
Docket Date |
2020-07-01
|
Type |
Disposition by Opinion
|
Subtype |
Reversed
|
Description |
Reversed - Authored Opinion ~ and Remanded.
|
|
Docket Date |
2020-06-09
|
Type |
Order
|
Subtype |
Order on Motion/Request for Oral Argument
|
Description |
Order Denying ORAL ARGUMENT ~ Upon consideration, the appellant’s Request for Oral Argument is hereby deniedEMAS, C.J., and SCALES and MILLER, JJ., concur.
|
|
Docket Date |
2020-04-20
|
Type |
Motions Relating to Attorney Fees/Costs
|
Subtype |
Motion For Attorney's Fees
|
Description |
Motion For Attorney's Fees ~ APPELLANT'S MOTION FOR CONDITIONAL AWARD OFATTORNEY'S FEES
|
On Behalf Of |
Reina I. Echevarria
|
|
Docket Date |
2020-04-20
|
Type |
Brief
|
Subtype |
Reply Brief
|
Description |
Appellant's Reply Brief
|
On Behalf Of |
Reina I. Echevarria
|
|
Docket Date |
2020-03-23
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time to Serve Reply Brief
|
Description |
Extension granted to file reply brief (OG05) ~ Appellants’ Unopposed Motion for an Extension of Time to File the Reply Brief is granted to and including April 20, 2020.
|
|
Docket Date |
2020-03-20
|
Type |
Motions Extensions
|
Subtype |
Motion for Extension of Time to Serve Reply Brief
|
Description |
Mot. for Extension of Time to File Reply Brief ~ APPELLANTS' UNOPPOSED MOTION FOR ANEXTENSION OF TIME TO FILE REPLY BRIEF
|
On Behalf Of |
Reina I. Echevarria
|
|
Docket Date |
2020-03-10
|
Type |
Notice
|
Subtype |
Notice of Appearance
|
Description |
Notice of Appearance
|
On Behalf Of |
LENNAR HOMES, LLC
|
|
Docket Date |
2020-03-10
|
Type |
Order
|
Subtype |
Order on Motion to Supplement Record
|
Description |
Mot to Supplement Rec w/attachment Granted (OG13) ~ Appellee’s Motion to Supplement the Record on Appeal, filed on March 6, 2020, is granted, and the record on appeal is supplemented to include the color photographs that are attached to said Motion.
|
|
Docket Date |
2020-03-10
|
Type |
Brief
|
Subtype |
Answer Brief
|
Description |
Appellee's Answer Brief
|
On Behalf Of |
LENNAR HOMES, LLC
|
|
Docket Date |
2020-03-06
|
Type |
Motions Relating to Records
|
Subtype |
Motion to Supplement Record
|
Description |
Motion to Supplement the Record ~ MOTION TO SUPPLEMENT THE RECORD ON APPEAL(WITHOUT OBJECTION)
|
On Behalf Of |
LENNAR HOMES, LLC
|
|
Docket Date |
2020-01-10
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time
|
Description |
Recognizing Agreed Extension of Time ~ AB-60 days to 3/10/20
|
|
Docket Date |
2020-01-10
|
Type |
Notice
|
Subtype |
Notice of Agreed Extension of Time
|
Description |
Notice of Agreed Extension of Time
|
On Behalf Of |
LENNAR HOMES, LLC
|
|
Docket Date |
2019-12-13
|
Type |
Order
|
Subtype |
Order on Motion to Supplement Record
|
Description |
Mot to Supplement Rec w/attachment Granted (OG13) ~ Appellants’ Unopposed Motion to Supplement the Record on Appeal, filed on December 11, 2019, is granted, and the record on appeal is supplemented to include the transcripts filed separately.
|
|
Docket Date |
2019-12-11
|
Type |
Brief
|
Subtype |
Initial Brief
|
Description |
Initial Brief on Merits
|
On Behalf Of |
Reina I. Echevarria
|
|
Docket Date |
2019-12-11
|
Type |
Motions Relating to Oral Argument
|
Subtype |
Motion/Request for Oral Argument
|
Description |
Request for Oral Argument
|
On Behalf Of |
Reina I. Echevarria
|
|
Docket Date |
2019-12-11
|
Type |
Record
|
Subtype |
Supplemental Record
|
Description |
Supplemental Records
|
On Behalf Of |
Reina I. Echevarria
|
|
Docket Date |
2019-12-11
|
Type |
Motions Relating to Records
|
Subtype |
Motion to Supplement Record
|
Description |
Motion to Supplement the Record ~ UNOPPOSED MOTION TO SUPPLEMENTTHE RECORD ON APPEAL
|
On Behalf Of |
Reina I. Echevarria
|
|
Docket Date |
2019-11-21
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time
|
Description |
Recognizing Agreed Extension of Time ~ IB-15 days to 12/11/19
|
|
Docket Date |
2019-11-21
|
Type |
Notice
|
Subtype |
Notice of Agreed Extension of Time
|
Description |
Notice of Agreed Extension of Time ~ NOTICE OF AGREED EXTENSIONOF TIME TO FILE INITIAL BRIEF
|
On Behalf Of |
Reina I. Echevarria
|
|
Docket Date |
2019-10-25
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time
|
Description |
Recognizing Agreed Extension of Time ~ IB-30days to 11/26/19
|
|
Docket Date |
2019-10-24
|
Type |
Notice
|
Subtype |
Notice of Agreed Extension of Time
|
Description |
Notice of Agreed Extension of Time
|
On Behalf Of |
Reina I. Echevarria
|
|
Docket Date |
2019-09-25
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time
|
Description |
Recognizing Agreed Extension of Time ~ IB-30 days to 10/27/19
|
|
Docket Date |
2019-09-25
|
Type |
Notice
|
Subtype |
Notice of Agreed Extension of Time
|
Description |
Notice of Agreed Extension of Time
|
On Behalf Of |
Reina I. Echevarria
|
|
Docket Date |
2019-09-24
|
Type |
Record
|
Subtype |
Record on Appeal
|
Description |
Record on Appeal
|
On Behalf Of |
Miami-Dade Clerk
|
|
Docket Date |
2019-07-26
|
Type |
Notice
|
Subtype |
Notice of Appeal Transmittal Form
|
Description |
Notice of Transmittal--NOA
|
On Behalf Of |
Miami-Dade Clerk
|
|
Docket Date |
2019-07-24
|
Type |
Notice
|
Subtype |
Amended Notice of Appeal
|
Description |
Amended Notice of Appeal
|
On Behalf Of |
Reina I. Echevarria
|
|
Docket Date |
2019-07-22
|
Type |
Misc. Events
|
Subtype |
Fee Status
|
Description |
A3:Paid In Full - $300
|
|
Docket Date |
2019-07-22
|
Type |
Notice
|
Subtype |
Notice of Appeal Transmittal Form
|
Description |
Notice of Transmittal--NOA
|
On Behalf Of |
Miami-Dade Clerk
|
|
Docket Date |
2019-07-22
|
Type |
Letter
|
Subtype |
Acknowledgment Letter
|
Description |
Acknowledgment Letter ~ Acknowledgment of new case with attachments. **The $300 filing fee for an appeal is due.
|
|
|
BETTY FUSCO VS LENNAR HOMES, LLC
|
2D2018-4430
|
2018-11-06
|
Closed
|
|
Classification |
NOA Final - Circuit Civil - Other
|
Court |
2nd District Court of Appeal
|
Originating Court |
Circuit Court for the Thirteenth Judicial Circuit, Hillsborough County
13-CA-7293
|
Parties
Name |
BETTY FUSCO
|
Role |
Appellant
|
Status |
Active
|
|
Name |
LENNAR HOMES, LLC
|
Role |
Appellee
|
Status |
Active
|
Representations |
Michael J. Carney, Esq., KATHERINE MC GOVERN, ESQ.
|
|
Name |
HILLSBOROUGH CLERK
|
Role |
Lower Tribunal Clerk
|
Status |
Active
|
|
Docket Entries
Docket Date |
2019-02-08
|
Type |
Misc. Events
|
Subtype |
Case Closed
|
Description |
Case Closed
|
|
Docket Date |
2019-01-10
|
Type |
Disposition
|
Subtype |
Dismissed
|
Description |
Dismissed - Order by Judge ~ LaRose, C.J., and Northcutt and Salario
|
|
Docket Date |
2019-01-10
|
Type |
Disposition by Order
|
Subtype |
Dismissed
|
Description |
dismiss/no fee/order of insolvency ~ This appeal is dismissed because of the appellant's failure to satisfy this court's November 6, 2018, fee order.
|
|
Docket Date |
2018-11-06
|
Type |
Letter
|
Subtype |
Acknowledgment Letter
|
Description |
Acknowledgment Letter 1
|
|
Docket Date |
2018-11-06
|
Type |
Notice
|
Subtype |
Notice of Appeal
|
Description |
Notice of Appeal Filed ~ W/ORDER APPEALED
|
On Behalf Of |
BETTY FUSCO
|
|
Docket Date |
2018-11-06
|
Type |
Misc. Events
|
Subtype |
Fee Status
|
Description |
HL:Fee Owed
|
|
Docket Date |
2018-11-06
|
Type |
Order
|
Subtype |
Order on Filing Fee
|
Description |
fee - civil; pro se
|
|
|
TIMOTHY BUSCH VS LENNAR HOMES, LLC
|
5D2016-1626
|
2016-05-11
|
Closed
|
|
Classification |
NOA Final - Circuit Civil - Other
|
Court |
5th District Court of Appeal
|
Originating Court |
Circuit Court for the Fifth Judicial Circuit, Lake County
2015-CA-001726-A
|
Parties
Name |
TIMOTHY BUSCH
|
Role |
Appellant
|
Status |
Active
|
Representations |
Matthew L. Wilson, David Maxwell Milton, Joshua E. Burnett
|
|
Name |
LENNAR HOMES, LLC
|
Role |
Appellee
|
Status |
Active
|
Representations |
CHRISTOPHER L. GRIFFIN, Adam R. Alaee, C. David Harper
|
|
Name |
Hon. Mark J. Hill
|
Role |
Judge/Judicial Officer
|
Status |
Active
|
|
Name |
Lake Co Circuit Ct Clerk
|
Role |
Lower Tribunal Clerk
|
Status |
Active
|
|
Docket Entries
Docket Date |
2017-06-19
|
Type |
Mandate
|
Subtype |
Mandate
|
Description |
Mandate
|
|
Docket Date |
2017-06-19
|
Type |
Record
|
Subtype |
Returned Records
|
Description |
Returned Records ~ NO RECORD EFILED
|
|
Docket Date |
2017-05-30
|
Type |
Order
|
Subtype |
Order on Motion for Rehearing and Rehearing En Banc
|
Description |
Order Deny Motion for Rehearing / Rehearing En Banc
|
|
Docket Date |
2017-05-12
|
Type |
Response
|
Subtype |
Response
|
Description |
RESPONSE ~ TO 4/28 MOT REH,ETC.
|
On Behalf Of |
TIMOTHY BUSCH
|
|
Docket Date |
2017-04-28
|
Type |
Post-Disposition Motions
|
Subtype |
Motion for Rehearing
|
Description |
Motion for Rehearing / Rehearing En Banc
|
On Behalf Of |
Lennar Homes, LLC
|
|
Docket Date |
2017-04-13
|
Type |
Order
|
Subtype |
Order on Motion For Attorney's Fees
|
Description |
Order Deny Attorney's Fees
|
|
Docket Date |
2017-04-13
|
Type |
Disposition by Opinion
|
Subtype |
Reversed
|
Description |
Reversed - Authored Opinion ~ AND REMANDED.
|
|
Docket Date |
2017-02-24
|
Type |
Notice
|
Subtype |
Notice of Oral Argument
|
Description |
NOTICE OF ORAL ARGUMENT
|
|
Docket Date |
2016-12-14
|
Type |
Order
|
Subtype |
Order on Motion for Leave to File Amicus Curiae Brief
|
Description |
Order Deny Amicus Curiae Brief
|
|
Docket Date |
2016-12-13
|
Type |
Motions Extensions
|
Subtype |
Motion for Extension of Time to File Response
|
Description |
Motion for Extension of Time to File Response ~ AMENDED
|
On Behalf Of |
Lennar Homes, LLC
|
|
Docket Date |
2016-12-12
|
Type |
Motions Extensions
|
Subtype |
Motion for Extension of Time to File Response
|
Description |
Motion for Extension of Time to File Response ~ TO MOT FILE AMICUS BRF; SEE AMENDED MOTION
|
On Behalf Of |
Lennar Homes, LLC
|
|
Docket Date |
2016-11-29
|
Type |
Motions Relating to Briefs
|
Subtype |
Motion to File Amicus Curiae Brief
|
Description |
Motion To File Amicus Curi. Brief
|
On Behalf Of |
TIMOTHY BUSCH
|
|
Docket Date |
2016-11-08
|
Type |
Order
|
Subtype |
Order on Miscellaneous Motion
|
Description |
Deny Miscellaneous Motion ~ 10/5 MTN IS DENIED.
|
|
Docket Date |
2016-10-05
|
Type |
Motions Other
|
Subtype |
Miscellaneous Motion
|
Description |
Miscellaneous Motion ~ FOR LEAVE TO FILE A SUR-REPLY BRF
|
On Behalf Of |
Lennar Homes, LLC
|
|
Docket Date |
2016-09-29
|
Type |
Motions Relating to Oral Argument
|
Subtype |
Motion/Request for Oral Argument
|
Description |
Request for Oral Argument
|
On Behalf Of |
TIMOTHY BUSCH
|
|
Docket Date |
2016-09-29
|
Type |
Brief
|
Subtype |
Reply Brief
|
Description |
Appellant's Reply Brief
|
On Behalf Of |
TIMOTHY BUSCH
|
|
Docket Date |
2016-09-16
|
Type |
Response
|
Subtype |
Response
|
Description |
RESPONSE ~ TO MOT ATTY FEES
|
On Behalf Of |
TIMOTHY BUSCH
|
|
Docket Date |
2016-09-09
|
Type |
Motions Relating to Attorney Fees/Costs
|
Subtype |
Motion For Attorney's Fees
|
Description |
Motion For Attorney's Fees ~ FOR MERIT PANEL CONSIDERATION
|
On Behalf Of |
Lennar Homes, LLC
|
|
Docket Date |
2016-09-09
|
Type |
Motions Relating to Oral Argument
|
Subtype |
Motion/Request for Oral Argument
|
Description |
Request for Oral Argument
|
On Behalf Of |
Lennar Homes, LLC
|
|
Docket Date |
2016-09-09
|
Type |
Brief
|
Subtype |
Answer Brief
|
Description |
Appellee's Answer Brief
|
On Behalf Of |
Lennar Homes, LLC
|
|
Docket Date |
2016-08-29
|
Type |
Notice
|
Subtype |
Notice
|
Description |
Notice ~ AGREED EOT TO FILE ANS BRF TO 9/9
|
On Behalf Of |
Lennar Homes, LLC
|
|
Docket Date |
2016-08-02
|
Type |
Brief
|
Subtype |
Initial Brief
|
Description |
Initial Brief on Merits
|
On Behalf Of |
TIMOTHY BUSCH
|
|
Docket Date |
2016-06-28
|
Type |
Record
|
Subtype |
Record on Appeal
|
Description |
Received Records ~ 1 VOL EFILED (284 PAGES)
|
On Behalf Of |
Lake Co Circuit Ct Clerk
|
|
Docket Date |
2016-05-24
|
Type |
Order
|
Subtype |
Order Declining Referral to Mediation
|
Description |
ORD- Declining Referral to Mediation
|
|
Docket Date |
2016-05-23
|
Type |
Mediation
|
Subtype |
Confidential Statement
|
Description |
Confidential Statement ~ AE CHARLES DAVID HARPER 089583
|
On Behalf Of |
Lennar Homes, LLC
|
|
Docket Date |
2016-05-12
|
Type |
Mediation
|
Subtype |
Confidential Statement
|
Description |
Confidential Statement ~ AA Matthew L. Wilson 0086819
|
On Behalf Of |
TIMOTHY BUSCH
|
|
Docket Date |
2016-05-11
|
Type |
Order
|
Subtype |
Mediation Letter to LT
|
Description |
Mediation Letter to L.T.
|
|
Docket Date |
2016-05-11
|
Type |
Mediation
|
Subtype |
Other
|
Description |
Mediation Packet
|
|
Docket Date |
2016-05-11
|
Type |
Misc. Events
|
Subtype |
Fee Status
|
Description |
A3:Paid In Full - $300
|
|
Docket Date |
2016-05-11
|
Type |
Letter
|
Subtype |
Acknowledgment Letter
|
Description |
Acknowledgement Letter 1
|
|
Docket Date |
2016-05-11
|
Type |
Notice
|
Subtype |
Notice of Appeal
|
Description |
Notice of Appeal Filed ~ FILED BELOW 5/10/16
|
On Behalf Of |
TIMOTHY BUSCH
|
|
|
LENNAR CORPORATION, U.S. HOME CORP., ET AL. VS BROWNCORP CONSTRUCTION, ETC., ET AL.
|
5D2011-1179
|
2011-04-12
|
Closed
|
|
Classification |
NOA Non Final - Circuit Civil - Other
|
Court |
5th District Court of Appeal
|
Originating Court |
Circuit Court for the Ninth Judicial Circuit, Osceola County
CI-2008-00725-CI
Circuit Court for the Ninth Judicial Circuit, Osceola County
2010-CA-914-MF
Circuit Court for the Ninth Judicial Circuit, Osceola County
2008-CA-005556-MF
|
Parties
Name |
LENNAR CORPORATION
|
Role |
Appellant
|
Status |
Active
|
Representations |
ALAN J. KLUGER, PHILIPPE LIEBERMAN, LISA J. JERLES
|
|
Name |
U.S. HOME CORP.
|
Role |
Appellant
|
Status |
Active
|
|
Name |
RIVENDELL JOINT VENTURE
|
Role |
Appellant
|
Status |
Active
|
|
Name |
LENNAR HOMES, LLC
|
Role |
Appellant
|
Status |
Active
|
|
Name |
DOBSON'S WOODS AND WATER, INC.
|
Role |
Appellee
|
Status |
Active
|
|
Name |
SOD FARMS, INC.
|
Role |
Appellee
|
Status |
Active
|
|
Name |
BROWNCORP CONSTRUCTION CONTRAC
|
Role |
Appellee
|
Status |
Active
|
Representations |
JEANNE A. KRAFT, LANA L. DEAN, WILLIAM N. ASMA, Dale A. Scott, MICHAEL PISCITELLI, DAVID W. TRENCH, Patrick C. Crowell, ROBERT B. WORMAN, Margaret A. Wharton, DOUGLAS M. SMITH, STEPHEN H. LUTHER, Stephen D. Milbrath
|
|
Name |
LANDIRR, INC.
|
Role |
Appellee
|
Status |
Active
|
|
Name |
FERGUSON WATERWORKS INC
|
Role |
Appellee
|
Status |
Active
|
|
Name |
NEFF RENTAL, INC.
|
Role |
Appellee
|
Status |
Active
|
|
Name |
RYANGOLF CORPORATION
|
Role |
Appellee
|
Status |
Active
|
|
Name |
FLORIDA POTTING SOILS, INC.
|
Role |
Appellee
|
Status |
Active
|
|
Name |
SUNTRUST BANK
|
Role |
Appellee
|
Status |
Withdrawn
|
|
Name |
FOLSOM SERVICES, INC.
|
Role |
Appellee
|
Status |
Active
|
|
Name |
STONEY RIDGE, LLC
|
Role |
Appellee
|
Status |
Active
|
|
Name |
ASSOCIATED CONSTRUCTION PRODUC
|
Role |
Appellee
|
Status |
Active
|
|
Name |
PIKE CREEK TURF FARMS, INC.
|
Role |
Appellee
|
Status |
Active
|
|
Name |
STONEYBROOK SOUTH COMMUNITY DE
|
Role |
Appellee
|
Status |
Active
|
|
Name |
DARLENE BROWN
|
Role |
Appellee
|
Status |
Active
|
|
Name |
SOUTH DEVELOPMENT, LLC
|
Role |
Appellee
|
Status |
Active
|
|
Name |
Clerk Osceola
|
Role |
Lower Tribunal Clerk
|
Status |
Active
|
|
Docket Entries
Docket Date |
2014-11-18
|
Type |
Event
|
Subtype |
File Destroyed
|
Description |
File Destroyed
|
|
Docket Date |
2012-04-04
|
Type |
Record
|
Subtype |
Returned Records
|
Description |
Returned Records ~ NO RECORD
|
|
Docket Date |
2012-02-22
|
Type |
Mandate
|
Subtype |
Notice Memorandum
|
Description |
Notice Memorandum
|
|
Docket Date |
2012-02-03
|
Type |
Disposition
|
Subtype |
Dismissed
|
Description |
Dismissed - Order by Clerk
|
|
Docket Date |
2012-01-31
|
Type |
Motions Other
|
Subtype |
Motion/Notice Voluntary Dismissal
|
Description |
Notice of Voluntary Dismissal
|
On Behalf Of |
LENNAR CORPORATION
|
|
Docket Date |
2012-01-24
|
Type |
Order
|
Subtype |
Order to Show Cause
|
Description |
Order to Show Cause ~ W/I 10 DYS, AA SHOW CAUSE WHY APPEAL SHOULD NOT BE DISM AS MOOT
|
|
Docket Date |
2011-12-19
|
Type |
Notice
|
Subtype |
Notice
|
Description |
Notice ~ LT ORDER
|
On Behalf Of |
LENNAR CORPORATION
|
|
Docket Date |
2011-11-02
|
Type |
Order
|
Subtype |
Order on Motion to Relinquish Jurisdiction
|
Description |
ORD-Granting Relinquishment of Jurisdiction ~ STIP AND MOT TO REVERSE AND DISSOLVE TREATED AS MOT RELINQ JURIS AND IS GRANTED. JURIS RELINQ 45 DYS TO VACTATE THE ORDER BEING APPEALED PURSUANT TO PARTIES' STIPULATION. AA FILE CERT COPY OF LOWER CTS ORDER W/ THIS COURT UPON ITS RENDITION AND SHALL ALSO PROMPTLY FILE A NOT. OF VOL. DISMISSAL, IF APPROPRIATE.
|
|
Docket Date |
2011-09-26
|
Type |
Motions Other
|
Subtype |
Motion/Notice Voluntary Dismissal
|
Description |
Notice of Voluntary Dismissal ~ JT STIP,ETC.;TREATED AS MOT RELINQ JURIS PER 11/2 ORDER
|
On Behalf Of |
LENNAR CORPORATION
|
|
Docket Date |
2011-09-21
|
Type |
Order
|
Subtype |
Order on Motion to Relinquish Jurisdiction
|
Description |
ORD-Granting Relinquishment of Jurisdiction ~ JURIS REL TO CC FOR OSCEOLA CTY,FL FOR 60DAYS TO ALLOW CUORT TO CONSIDER AA'S MOT TO ENFORCE SETTLEMENT AGREEMENT
|
|
Docket Date |
2011-09-09
|
Type |
Response
|
Subtype |
Response
|
Description |
RESPONSE ~ TO 8/18MOT PER 8/30ORDER
|
On Behalf Of |
BROWNCORP CONSTRUCTION CONTRAC
|
|
Docket Date |
2011-08-30
|
Type |
Order
|
Subtype |
Order to Show Cause
|
Description |
ORD-Show Cause (Cotelligent) ~ W/I 10DAYS BROWNCORP FILE RESPONSE TO 8/18MOT
|
|
Docket Date |
2011-08-18
|
Type |
Motions Other
|
Subtype |
Motion To Stay
|
Description |
Motion To Stay ~ CROSS MOT TO STAY
|
On Behalf Of |
LENNAR CORPORATION
|
|
Docket Date |
2011-08-18
|
Type |
Brief
|
Subtype |
Reply Brief
|
Description |
Appellant's Reply Brief
|
On Behalf Of |
LENNAR CORPORATION
|
|
Docket Date |
2011-08-11
|
Type |
Motions Other
|
Subtype |
Motion To Relinquish Jurisdiction
|
Description |
Motion To Relinquish Jurisdiction ~ & MOT STAY
|
On Behalf Of |
BROWNCORP CONSTRUCTION CONTRAC
|
|
Docket Date |
2011-08-03
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time to Serve Reply Brief
|
Description |
Order Grant EOT Reply Brief ~ ATTYS EMAIL BRFS IN COMPLIANCE WITH AO5D08-01
|
|
Docket Date |
2011-07-22
|
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 |
LENNAR CORPORATION
|
|
Docket Date |
2011-07-12
|
Type |
Motions Relating to Attorney Fees/Costs
|
Subtype |
Motion For Attorney's Fees
|
Description |
Motion For Attorney's Fees ~ SEE 2/3 DISM ORDER
|
On Behalf Of |
LENNAR CORPORATION
|
|
Docket Date |
2011-07-01
|
Type |
Brief
|
Subtype |
Answer Brief
|
Description |
Appellee's Answer Brief w/Appendix
|
On Behalf Of |
BROWNCORP CONSTRUCTION CONTRAC
|
|
Docket Date |
2011-07-01
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time to Serve Reply Brief
|
Description |
Order Grant EOT Reply Brief ~ ATTYS EMAIL BRFS IN COMPLIANCE WITH AO5D08-01
|
|
Docket Date |
2011-06-30
|
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 |
LENNAR CORPORATION
|
|
Docket Date |
2011-06-21
|
Type |
Order
|
Subtype |
Order
|
Description |
Miscellaneous Order ~ AA'S 6/21RESPONSE IS TREATED AS A NOTICE OF VOL DIS AS TO SUNTRUST BANK AND THIS APPEAL ISA DISMISSED ONLY AS TO SUNTRUST BANK, WHICH WILL BE REMOVED FORM THE SERVICE LIST
|
|
Docket Date |
2011-06-21
|
Type |
Response
|
Subtype |
Response
|
Description |
RESPONSE ~ PER 6/10ORDER
|
On Behalf Of |
LENNAR CORPORATION
|
|
Docket Date |
2011-06-15
|
Type |
Motions Extensions
|
Subtype |
Motion for Extension of Time to Serve Answer Brief
|
Description |
Mot. for Extensio of time to file Answer Brief
|
On Behalf Of |
BROWNCORP CONSTRUCTION CONTRAC
|
|
Docket Date |
2011-06-15
|
Type |
Brief
|
Subtype |
Answer Brief
|
Description |
Appellee's Answer Brief
|
On Behalf Of |
BROWNCORP CONSTRUCTION CONTRAC
|
|
Docket Date |
2011-06-10
|
Type |
Order
|
Subtype |
Order to Serve Brief
|
Description |
ORD- File briefs for summary appeal ~ W/I 10DAYS TO 6/8SUGG AND ADVISE WHY THE APPEAL SHOULD NOT BE DISMISSED AS TO SAID AE
|
|
Docket Date |
2011-06-08
|
Type |
Misc. Events
|
Subtype |
Miscellaneous Docket Entry
|
Description |
Miscellaneous Docket Entry ~ SUGGESTION OF MOOTNESS;AE Megan C. Devault 560731
|
|
Docket Date |
2011-06-07
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
Description |
Order Grant EOT for Answer Brief ~ ATTYS EMAIL BRFS IN COMPLIANCE WITH AO5D08-01
|
|
Docket Date |
2011-06-06
|
Type |
Motions Extensions
|
Subtype |
Motion for Extension of Time to Serve Answer Brief
|
Description |
Mot. for Extensio of time to file Answer Brief
|
On Behalf Of |
BROWNCORP CONSTRUCTION CONTRAC
|
|
Docket Date |
2011-06-06
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
Description |
Order Grant EOT for Answer Brief ~ ATTYS EMAIL BRFS IN COMPLIANCE WITH AO5AD08-01
|
|
Docket Date |
2011-06-03
|
Type |
Motions Extensions
|
Subtype |
Motion for Extension of Time to Serve Answer Brief
|
Description |
Mot. for Extensio of time to file Answer Brief
|
On Behalf Of |
BROWNCORP CONSTRUCTION CONTRAC
|
|
Docket Date |
2011-05-26
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
Description |
Order Grant EOT for Answer Brief ~ ATTYS EMAIL BRFS IN COMPLIANCE WITH AO5D08-01
|
|
Docket Date |
2011-05-23
|
Type |
Motions Extensions
|
Subtype |
Motion for Extension of Time to Serve Answer Brief
|
Description |
Mot. for Extensio of time to file Answer Brief
|
On Behalf Of |
BROWNCORP CONSTRUCTION CONTRAC
|
|
Docket Date |
2011-05-20
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
Description |
Order Grant EOT for Answer Brief ~ BOTH 5/19MOTS ARE GRANTED;ATTYS EMAIL BRFS IN COMPLIANCE WITH AOA5D08-01
|
|
Docket Date |
2011-05-19
|
Type |
Notice
|
Subtype |
Notice of Appearance
|
Description |
Notice of Appearance
|
On Behalf Of |
BROWNCORP CONSTRUCTION CONTRAC
|
|
Docket Date |
2011-05-19
|
Type |
Motions Extensions
|
Subtype |
Motion for Extension of Time to Serve Answer Brief
|
Description |
Mot. for Extensio of time to file Answer Brief
|
On Behalf Of |
BROWNCORP CONSTRUCTION CONTRAC
|
|
Docket Date |
2011-05-02
|
Type |
Brief
|
Subtype |
Initial Brief
|
Description |
Initial Brief on Merits
|
On Behalf Of |
LENNAR CORPORATION
|
|
Docket Date |
2011-05-02
|
Type |
Motions Relating to Oral Argument
|
Subtype |
Motion/Request for Oral Argument
|
Description |
Request for Oral Argument ~ AA Alan J. Kluger 200379
|
|
Docket Date |
2011-04-26
|
Type |
Misc. Events
|
Subtype |
Docketing Statement
|
Description |
Docketing Statement Appellant ~ AA Alan J. Kluger 200379
|
|
Docket Date |
2011-04-20
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
Description |
Order Grant EOT for Initial Brief ~ ATTYS EMAIL BRFS IN COMPLIANCE WITH AO5D08-01
|
|
Docket Date |
2011-04-19
|
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 |
LENNAR CORPORATION
|
|
Docket Date |
2011-04-18
|
Type |
Order
|
Subtype |
Order on Filing Fee
|
Description |
Order to pay filing fee - Notice/Motion (295)
|
|
Docket Date |
2011-04-18
|
Type |
Notice
|
Subtype |
Notice of Joinder in Filing
|
Description |
Notice of Joinder ~ FEE PAID 4/25/11
|
On Behalf Of |
U.S. HOME CORP.
|
|
Docket Date |
2011-04-12
|
Type |
Misc. Events
|
Subtype |
Fee Status
|
Description |
A3:Paid In Full - $300
|
|
Docket Date |
2011-04-12
|
Type |
Notice
|
Subtype |
Notice of Appeal
|
Description |
Notice of Appeal Filed ~ D.S.
|
On Behalf Of |
U.S. HOME CORP.
|
|
|