| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County
502019CA004050
|
Parties
| Name |
METZKER, LLC
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Shane Farnsworth
|
|
| Name |
SEAHAWK CONSTRUCTION, INC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
COURTYARD GARDENS OF BOYNTON BEACH, LLC
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Kate E. Watson, Richard S. Cohen, Jason Cohen
|
|
| Name |
Hon. Howard Coates, Jr.
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Palm Beach
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2020-12-03
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
ORD-Sua Sponte Dismissed for Lack of Jurisdiction ~ Upon consideration of appellant’s October 23, 2020 jurisdictional brief and appellee’s November 2, 2020 response, it is ORDERED sua sponte that the above-styled appeal is dismissed for lack of jurisdiction, and appellant’s request to convert this appeal to a petition for writ of certiorari is denied. See Taddie Underground Utility Co., Inc. v. Sloan Pump Co., Inc., 497 So. 2d 701 (Fla. 2d DCA 1986) (noting that as the disposed of actions in the partial summary judgment and the remaining causes of action are interrelated, the court held that there was no appealable final judgment); Gov’t Employees Ins. Co. v. Arreola, 231 So. 3d 508, 510 (Fla. 2d DCA 2017) (converting an appeal into a petition for writ of certiorari because the partial summary judgment impermissibly authorized execution before the entry of a final judgment).LEVINE, C.J., MAY and ARTAU, JJ. concur.
|
|
| Docket Date |
2020-12-03
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Judge
|
|
| Docket Date |
2020-11-02
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ TO STATEMENT OF JURISDICTION
|
| On Behalf Of |
Courtyard Gardens of Boynton Beach, LLC
|
|
| Docket Date |
2020-11-02
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Courtyard Gardens of Boynton Beach, LLC
|
|
| Docket Date |
2020-10-23
|
| Type |
Brief
|
| Subtype |
Jurisdictional Brief
|
| Description |
Jurisdictional Brief
|
| On Behalf Of |
Metzker, LLC
|
|
| Docket Date |
2020-10-14
|
| Type |
Notice
|
| Subtype |
Amended Notice of Appeal
|
| Description |
Amended Notice of Appeal
|
| On Behalf Of |
Clerk - Palm Beach
|
|
| Docket Date |
2020-10-13
|
| 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 granting defendant's, Courtyard of Boynton Beach, LLC, second motion for summary judgment" is an appealable order, as the order disposes of count I, but an order disposing of one count while others remain pending is not appealable if the counts are legally interrelated and in substance involve the same transaction. Mendez v. W. Flagler Family Ass'n, 303 So. 2d 1, 5 (Fla. 1974); Flinn v. Flinn, 68 So. 3d 424 (Fla. 4th DCA 2011); see also Taddie Underground Utility Co., Inc. v. Sloan Pump Co., Inc., 497 So. 2d 701 (Fla. 2d DCA 1986) (as the disposed of actions in the partial summary judgment and the remaining causes of action are interrelated, the court held that there was no appealable final judgment); furtherAppellees may file a response within ten (10) days of service of that statement.
|
|
| Docket Date |
2020-10-13
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid Through Portal
|
| On Behalf Of |
Metzker, LLC
|
|
| Docket Date |
2020-10-13
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2020-10-09
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
Metzker, LLC
|
|
| Docket Date |
2020-10-09
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
|
