| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Nineteenth Judicial Circuit, Martin County
2016CA001353
|
Parties
| Name |
Jeremy D. Lemaster
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
PALM CITY SUNSET,LLC
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
MEDALIST HOMES LLC
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
Jessica M. Lemaster
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
Martin County, Florida
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
James O. Williams, Carri S Leininger, Maureen Martinez
|
|
| Name |
Hon. Elizabeth Metzger
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Martin
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
| Name |
MEDALIST BUILDING GROUP LLC
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Richard Lawrence Rosenbaum
|
|
Docket Entries
| Docket Date |
2023-07-26
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
Medalist Building Group, LLC
|
|
| Docket Date |
2024-08-09
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
| View |
View File
|
|
| Docket Date |
2024-08-09
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2024-07-18
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed
|
| View |
View File
|
|
| Docket Date |
2024-06-06
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Reply Brief
|
| View |
View File
|
|
| Docket Date |
2024-06-06
|
| Type |
Order
|
| Subtype |
Order on Motion to Accept Brief as Timely
|
| Description |
Order on Motion to Accept Brief as Timely
|
| View |
View File
|
|
| Docket Date |
2024-06-04
|
| Type |
Motions Relating to Briefs
|
| Subtype |
Motion to Accept Brief as Timely
|
| Description |
Motion to Accept Brief as Timely
|
|
| Docket Date |
2024-05-23
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Reply Brief
|
| Description |
Order on Motion for Extension of Time to Serve Reply Brief
|
| View |
View File
|
|
| Docket Date |
2024-05-20
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Reply Brief
|
| Description |
Motion for Extension of Time to Serve Reply Brief
|
| On Behalf Of |
Medalist Building Group, LLC
|
|
| Docket Date |
2024-05-03
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Reply Brief
|
| Description |
Order on Motion for Extension of Time to Serve Reply Brief
|
| View |
View File
|
|
| Docket Date |
2024-05-03
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Reply Brief
|
| Description |
Motion for Extension of Time to Serve Reply Brief
|
|
| Docket Date |
2024-04-05
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Answer Brief
|
| View |
View File
|
|
| Docket Date |
2024-04-05
|
| Type |
Order
|
| Subtype |
Order on Motion to Accept Brief as Timely
|
| Description |
Order on Motion to Accept Brief as Timely
|
| View |
View File
|
|
| Docket Date |
2024-04-04
|
| Type |
Motions Relating to Briefs
|
| Subtype |
Motion to Accept Brief as Timely
|
| Description |
Motion to Accept Brief as Timely
|
|
| Docket Date |
2024-04-02
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
| Description |
Order on Motion for Extension of Time to Serve Answer Brief
|
| View |
View File
|
|
| Docket Date |
2024-03-27
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Answer Brief
|
| Description |
Motion for Extension of Time to Serve Answer Brief
|
|
| Docket Date |
2024-02-23
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Order on Agreed Extension of Time -- 30 DAYS TO 3/27/24
|
|
| Docket Date |
2024-02-23
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
| Description |
Notice of Agreed Extension of Time - Answer Brief
|
| On Behalf Of |
Martin County, Florida
|
|
| Docket Date |
2024-01-27
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
30 days to February 26, 2024
|
|
| Docket Date |
2024-01-27
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
| Description |
Notice of Agreed Extension of Time - Answer Brief
|
| On Behalf Of |
Martin County, Florida
|
|
| Docket Date |
2023-12-23
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Order on Agreed Extension of Time -- 30 DAYS TO 1/26/24
|
|
| Docket Date |
2023-12-23
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
| Description |
Notice of Agreed Extension of Time - Answer Brief
|
|
| Docket Date |
2023-11-28
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief
|
| On Behalf Of |
Medalist Building Group, LLC
|
| View |
View File
|
|
| Docket Date |
2023-11-07
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
Order on Motion for Extension of Time to Serve Initial Brief
|
| View |
View File
|
|
| Docket Date |
2023-11-06
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Initial Brief
|
| Description |
Motion for Extension of Time to Serve Initial Brief
|
| On Behalf Of |
Medalist Building Group, LLC
|
|
| Docket Date |
2023-10-19
|
| Type |
Order
|
| Subtype |
Order Discharging Show Cause Order
|
| Description |
Order Discharging Show Cause Order
|
| View |
View File
|
|
| Docket Date |
2023-10-18
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Initial Brief
|
| Description |
Response to Order to Show Cause and Motion for Extension of Time to Serve Initial Brief
|
| On Behalf Of |
Medalist Building Group, LLC
|
|
| Docket Date |
2023-10-12
|
| Type |
Order
|
| Subtype |
Show Cause for Brief or Record on Appeal
|
| Description |
Show Cause for Brief or Record on Appeal
|
| View |
View File
|
|
| Docket Date |
2023-09-22
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Record on Appeal (1548 PAGES)
|
| On Behalf Of |
Clerk - Martin
|
|
| Docket Date |
2023-07-27
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid Through Portal
|
| On Behalf Of |
Medalist Building Group, LLC
|
|
| Docket Date |
2023-07-26
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter ~ Amended
|
|
| Docket Date |
2023-07-26
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2023-07-26
|
| 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.
|
|
|
| Classification |
NOA Non Final - Circuit Civil - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Nineteenth Judicial Circuit, Martin County
2016CA001353
|
Parties
| Name |
MARTIN COUNTY, FLORIDA,
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Carri S. Leininger, Jessica R. Butler, James O. Williams
|
|
| Name |
Jessica M. Lemaster
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
MEDALIST BUILDING GROUP LLC
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
William D. Anderson, Jr., Paul C. Deruelle
|
|
| Name |
Jeremy D. Lemaster
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
MEDALIST HOMES LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
PALM CITY SUNSET,LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Hon. William L. Roby
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Martin
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2020-03-13
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2020-02-21
|
| Type |
Order
|
| Subtype |
Order on Motion For Clarification
|
| Description |
Deny Clarification ~ The appellant’s February 14, 2020 motion for clarification is denied. The appellee’s response requests an award of attorney’s fees without providing a basis for such an award. We therefore deny the appellee’s request for attorney’s fees. Fla. R. App. P. 9.400(b).
|
|
| Docket Date |
2020-02-18
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ TO MOTION FOR CLARIFICATION
|
| On Behalf Of |
Medalist Building Group, LLC
|
|
| Docket Date |
2020-02-14
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion For Clarification
|
| Description |
Motion For Clarification
|
| On Behalf Of |
MARTIN COUNTY, FLORIDA,
|
|
| Docket Date |
2020-01-30
|
| Type |
Order
|
| Subtype |
Order on Motion/Request for Oral Argument
|
| Description |
Order Denying Oral Argument ~ ORDERED that the appellant’s July 26, 2019 request for oral argument is denied.
|
|
| Docket Date |
2020-01-30
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed - Per Curiam Affirmed
|
|
| Docket Date |
2019-10-15
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant's Reply Brief
|
| On Behalf Of |
MARTIN COUNTY, FLORIDA,
|
|
| Docket Date |
2019-10-11
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
ORD-Stricken ~ ORDERED that the appellant's reply brief is stricken as not in compliance with Florida Rule of Appellate Procedure 9.210 in that it exceeds the page limit; further,ORDERED that appellant's October 3, 2019 motion for extension of time to file reply brief is granted, and appellant shall serve the amended reply brief within five (5) days from the date of this order. In addition, if the reply brief is served after the time provided for in this order, it may be stricken.
|
|
| Docket Date |
2019-10-10
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant's Reply Brief ~ ***STRICKEN 10/11/19***
|
| On Behalf Of |
MARTIN COUNTY, FLORIDA,
|
|
| Docket Date |
2019-10-03
|
| 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 |
MARTIN COUNTY, FLORIDA,
|
|
| Docket Date |
2019-09-16
|
| 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 September 12, 2019 motion for extension of time is granted, and appellant shall serve the reply on or before October 4, 2019. In addition, if the reply brief is served after the time provided for in this order, it may be stricken.
|
|
| Docket Date |
2019-09-12
|
| 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 |
MARTIN COUNTY, FLORIDA,
|
|
| Docket Date |
2019-08-20
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief
|
| On Behalf Of |
Medalist Building Group, LLC
|
|
| Docket Date |
2019-07-26
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion/Request for Oral Argument
|
| Description |
Request for Oral Argument
|
| On Behalf Of |
MARTIN COUNTY, FLORIDA,
|
|
| Docket Date |
2019-07-23
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Brief
|
| On Behalf Of |
MARTIN COUNTY, FLORIDA,
|
|
| Docket Date |
2019-07-22
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
MARTIN COUNTY, FLORIDA,
|
|
| Docket Date |
2019-07-01
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
Order Granting EOT for Initial Brief ~ Upon consideration of appellant’s June 13, 2019 response, it is ORDERED that this appeal shall proceed as a nonfinal appeal as to the April 17, 2019 “amended order on defendant’s motion for summary judgment and plaintiffs’ cross-motion for partial summary judgment.” Further, ORDERED that appellant’s request for extension of time, found in the June 13, 2019 response, is granted, and appellant shall serve the initial brief and appendix within twenty (20) days from the date of this order. 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. Further, ORDERED that this court’s June 7, 2019 order to show cause is discharged.
|
|
| Docket Date |
2019-06-13
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ AND MOTION FOR EXTENSION
|
| On Behalf Of |
MARTIN COUNTY, FLORIDA,
|
|
| Docket Date |
2019-06-07
|
| Type |
Order
|
| Subtype |
Show Cause
|
| Description |
Show Cause Lack of Prosecution, Initial Brief/Apdx ~ ***DISCHARGED 7/1/19***ORDERED that appellant in the above-styled case is directed to show cause in writing, if any there be, on or before June 17, 2019, why the above-styled case should not be dismissed for lack of timely prosecution, in that the appellant's initial brief and appendix have not been filed with this court as of this date, pursuant to Florida Rule of Appellate Procedure 9.130(e). Failure to respond to this order will result in a sua sponte dismissal without further notice. If the initial brief and appendix are filed within this time, the order to show cause will be considered automatically discharged without further order.
|
|
| Docket Date |
2019-04-18
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice ~ OF COMPLIANCE
|
| On Behalf Of |
MARTIN COUNTY, FLORIDA,
|
|
| Docket Date |
2019-04-12
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
ORD-Granting EOT for Relinquishment of Juris. ~ ORDERED that appellant's April 11, 2019 motion to extend relinquishment is granted. Relinquishment of jurisdiction to the trial court is extended to and including May 24, 2019.The appellant shall forward to this court a copy of any order issued during relinquishment. It is further ordered that the appellant shall monitor this proceeding in the trial court. If further time is needed beyond this relinquishment period, it shall be the duty of appellant to request an extension of time by proper motion to this court. This case shall proceed in this court upon expiration of relinquishment unless otherwise notified in writing by the parties.
|
|
| Docket Date |
2019-04-11
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time
|
| Description |
Motion for Extension of Time ~ FOR RELINQUISHMENT
|
| On Behalf Of |
MARTIN COUNTY, FLORIDA,
|
|
| Docket Date |
2019-03-25
|
| Type |
Order
|
| Subtype |
Order Relinquishing Jurisdiction
|
| Description |
Jurisdiction Relinquished ~ Upon consideration of appellant’s February 22, 2019 jurisdictional brief and appellees’ March 4, 2019 response, it is ORDERED sua sponte that jurisdiction is relinquished to the trial court for thirty (30) days for the purpose of entering an amended order which makes a specific determination as to whether appellant is entitled to sovereign immunity as a matter of law. Fla. R. App. P. 9.130(a)(3)(C)(xi). The appellant shall forward to this court a copy of any order issued during relinquishment. It is further ORDERED that appellant shall monitor this proceeding in the trial court. If further time is needed beyond this relinquishment period, it shall be the duty of appellant to request an extension of time by proper motion to this court. This case is stayed and the stay shall be lifted and the briefing schedule shall proceed once the amended order is filed in this court.
|
|
| Docket Date |
2019-03-04
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response
|
| On Behalf Of |
Medalist Building Group, LLC
|
|
| Docket Date |
2019-03-04
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Medalist Building Group, LLC
|
|
| Docket Date |
2019-02-22
|
| Type |
Brief
|
| Subtype |
Jurisdictional Brief
|
| Description |
Jurisdictional Brief
|
| On Behalf Of |
MARTIN COUNTY, FLORIDA,
|
|
| Docket Date |
2019-02-22
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
MARTIN COUNTY, FLORIDA,
|
|
| Docket Date |
2019-02-12
|
| Type |
Order
|
| Subtype |
Order to File Response re Jurisdiction
|
| Description |
AA - File Statement for Basis of Jurisdiction ~ ORDERED that within ten (10) days from the date of this order appellant shall file in this court a brief statement explaining the basis for this court's subject matter jurisdiction over the order appealed in this case, citing supporting legal authorities. Appellant shall specifically address how the “order on defendant’s motion for summary judgment and plaintiffs’ cross-motion for partial summary judgment” is a nonfinal, appealable order pursuant to Florida Rule of Appellate Procedure 9.130(a)(3)(C)(x) or (xi), as the order does not state that any party is not entitled to sovereign immunity. See Miami-Dade County v. Pozos, 242 So. 3d 1152 (Fla. 3d DCA 2017) (declining to review an order pursuant to Florida Rule of Appellate Procedure 9.130, as the order did not specifically state that a party was not entitled to immunity); furtherAppellee may file a response within ten (10) days of service of that statement.
|
|
| Docket Date |
2019-02-12
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2019-02-11
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
| Docket Date |
2019-02-11
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
MARTIN COUNTY, FLORIDA,
|
|
|
