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TRIPLE CROWN CONSTRUCTION & REAL ESTATE GROUP, INC., et al. VS PEACOCK RIDGE, LLC
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4D2017-3780
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2017-12-08
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Closed
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| Classification |
NOA Final - Circuit Civil - Other
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| Court |
4th District Court of Appeal
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| Originating Court |
Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County
502014CA008442XXXXAW
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Parties
Docket Entries
| Docket Date |
8888-01-19
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| Type |
Misc. Events
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| Subtype |
Miscellaneous Docket Entry
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| Description |
Miscellaneous Entry/Document ~ **CASE DISMISSED AS TO TRIPLE CROWN CONSTRUCTION GROUP, LLC** (SEE 1-19-18)
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| Docket Date |
2018-03-20
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| Type |
Disposition by Order
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| Subtype |
Dismissed
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| Description |
ORD-Sua Sponte Dismiss-Lack of Prosecution ~ ORDERED sua sponte that the above-styled case is dismissed for lack of prosecution.
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| Docket Date |
2018-03-20
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| Type |
Disposition
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| Subtype |
Dismissed
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| Description |
Dismissed - Order by Clerk
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| Docket Date |
2018-03-01
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| Type |
Order
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| Subtype |
Show Cause
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| Description |
Show Cause Lack of Prosecution, Initial Brief ~ ORDERED that appellant in the above-styled case is directed to show cause in writing, if any there be, on or before March 12, 2018, why the above-styled case should not be dismissed for lack of timely prosecution, in that the appellant's initial brief has not been filed with this court as of this date. Failure to respond to this order will result in a sua sponte dismissal without further notice. If the initial brief is filed within this time, the order to show cause will be considered automatically discharged without further order.
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| Docket Date |
2018-01-19
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| Type |
Order
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| Subtype |
Order Vacating/Withdrawing Order
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| Description |
ORD-Amended Order ~ ORDERED that this court's previous January 19, 2018 order is amended as follows: Upon consideration of appellant’s December 19, 2017 jurisdictional brief and appellee’s January 8, 2018 response, it is ORDERED sua sponte that the above-styled appeal is dismissed as to Triple Crown Construction Group, LLC without prejudice to appeal from a final order that ends all judicial labor between Triple Crown Construction Group, LLC and Peacock Ridge.
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| Docket Date |
2018-01-19
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| Type |
Disposition by Order
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| Subtype |
Dismissed
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| Description |
ORD-Sua Sponte Dismissal ~ **SEE AMENDED ORDER**Upon consideration of appellant's December 22, 2017 notice of trial court ruling and suggestion of mootness, it is ORDERED sua sponte that the above-styled appeal is dismissed as moot; further, ORDERED that appellant's November 21, 2017 unopposed motion for extension of time to serve initial brief is determined to be moot.GERBER, C.J., TAYLOR and CONNER, JJ., concur.
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| Docket Date |
2018-01-08
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| Type |
Response
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| Subtype |
Response
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| Description |
Response ~ TO JURISDICTIONAL BRIEF
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| On Behalf Of |
PEACOCK RIDGE, LLC
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| Docket Date |
2018-01-05
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| Type |
Order
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| 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 jurisdictional brief filed December 19, 2017 and titled as "response to court order of December 11, 2017".
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| Docket Date |
2017-12-19
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| Type |
Brief
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| Subtype |
Jurisdictional Brief
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| Description |
Jurisdictional Brief
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| On Behalf Of |
TRIPLE CROWN CONSTRUCTION & REAL ESTATE GROUP, INC.
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| Docket Date |
2017-12-11
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| Type |
Order
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| Subtype |
Order to File Response re Jurisdiction
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| 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 November 29, 2017 judgment is final and appealable as between Triple Crown Construction and Peacock Ridge, in that, although it enters money judgments against various parties, it reserves jurisdiction to enter a further award in favor of Triple Crown Construction and against Peacock Ridge, and thus, judicial labor is not complete as to those parties; furtherAppellee may file a response within ten (10) days of service of that statement.
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| Docket Date |
2017-12-11
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| Type |
Letter
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| Subtype |
Acknowledgment Letter
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| Description |
Acknowledgment Letter
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| Docket Date |
2017-12-08
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| Type |
Notice
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| Subtype |
Notice of Appeal
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| Description |
Notice of Appeal Filed ~ **Certified copy**
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| On Behalf Of |
TRIPLE CROWN CONSTRUCTION & REAL ESTATE GROUP, INC.
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| Docket Date |
2017-12-08
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| Type |
Misc. Events
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| Subtype |
Fee Status
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| Description |
A3:Paid In Full - $300
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TRIPLE CROWN CONSTRUCTION GROUP, LLC VS ROATAN MAHOGANY U.S.A., INC., et al.
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4D2015-0521
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2015-02-10
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Closed
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| Classification |
NOA Final - Circuit Civil - Other
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| Court |
4th District Court of Appeal
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| Originating Court |
Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County
502014CA008442XXXXMB
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Parties
| Name |
TRIPLE CROWN CONSTRUCTION, LLC
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| Role |
Appellant
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| Status |
Active
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| Representations |
Robert B. Cook
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| Name |
ROATAN MAHOGANY U.S.A., INC.
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| Role |
Appellee
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| Status |
Active
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| Representations |
CHARLES B. HERNICZ
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| Name |
PEACOCK RIDGE LLC
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| Role |
Appellee
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| Status |
Active
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| Name |
SILO CAPITAL LLC
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| Role |
Appellee
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| Status |
Active
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| Name |
Hon. Peter D. Blanc
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| Role |
Judge/Judicial Officer
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| Status |
Active
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| Name |
Clerk - Palm Beach
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| Role |
Lower Tribunal Clerk
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| Status |
Active
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Docket Entries
| Docket Date |
2015-04-21
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| Type |
Disposition
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| Subtype |
Dismissed
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| Description |
Dismissed - Order by Judge
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| Docket Date |
2015-04-21
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| Type |
Disposition by Order
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| Subtype |
Dismissed
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| Description |
ORD-Sua Sponte Dismissed-Failure to Comply ~ ORDERED sua sponte, the above-styled appeal is hereby dismissed for failure to comply with this court's order dated March 16, 2015.
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| Docket Date |
2015-03-16
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| Type |
Order
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| Subtype |
Show Cause re Compliance with Prior Order
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| Description |
Order to Show Cause-Appeal Dismissal ~ Upon consideration of the parties' responses to this court's February 12, 2015 order, the court finds that neither response establishes whether or not the partial final judgment as to count 1 of appellee Peacock Ridge, LLC's crossclaim is final and appealable. Accordingly, it is ORDERED that the appellant shall show cause in writing, if any there be, within ten (10) days from the date of this order, why this appeal should not be dismissed for lack of appellate jurisdiction. As to the order granting partial summary judgment as to Count 1 of appellee Peacock's crossclaim, appellant shall address Mendez v. West Flagler Family Association, Inc., 303 So. 2d 1 (Fla. 1974); Palm Beach Newspapers, Inc. v. Walker, 506 So. 2d 39 (Fla. 4th DCA 1987); and Flinn v. Flinn, 68 So. 3d 424, 425 (Fla. 4th DCA 2011) ("piecemeal appeals are not permitted where claims are legally interrelated and in substance involve the same transaction."). The appellant shall specifically state what claims and/or cross claims remain pending in the trial court, if any, and shall explain the extent to which those claims are interrelated with Count 1 of appellee Peacock's crossclaim. Appellee may file a reply within five (5) days of service of appellant's response.
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| Docket Date |
2015-02-27
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| Type |
Response
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| Subtype |
Reply to Response
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| Description |
Reply to Response ~ TO STATEMENT OF JURISDICTION
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| On Behalf Of |
ROATAN MAHOGANY U.S.A., INC.
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| Docket Date |
2015-02-20
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| Type |
Response
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| Subtype |
Response
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| Description |
Response ~ "STATEMENT OF JURISDICTION"
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| On Behalf Of |
TRIPLE CROWN CONSTRUCTION
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| Docket Date |
2015-02-12
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| Type |
Letter
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| Subtype |
Acknowledgment Letter
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| Description |
Acknowledgment Letter
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| Docket Date |
2015-02-12
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| Type |
Order
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| Subtype |
Order on Filing Fee
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| Description |
ORD-Pay Filing Fee-Civil Appeal ~ The jurisdiction of this court was invoked by filing of a Notice of Appeal in the lower tribunal. The $300.00 filing fee, or a circuit court clerk's determination of indigent status, did not accompany the Notice of Appeal as required in Florida Rules of Appellate Procedure 9.110(b) and 9.140(a). The filing fee is due and payable at the time of filing REGARDLESS OF WHETHER THE APPEAL IS LATER DISMISSED VOLUNTARILY OR ADVERSELY.ORDERED, appellant shall pay the $300.00 filing fee or file the circuit court clerk's determination of indigent status in this Court within ten (10) days from the date of the entry of this order. 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. 4DCA 1997). Failure of the attorney to pay will result in referral to the Department of Financial Services for collection.**NOTE: This order does not toll the time for filing any pleadings necessary to prosecute this appeal and no extensions of time will be entertained. Once the fee is paid, it is not refundable. Except for dismissal, this court will take no action in this appeal until the filing fee is paid or until a circuit court clerk's determination of indigent status is filed.
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| Docket Date |
2015-02-10
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| Type |
Notice
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| Subtype |
Notice of Appeal
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| Description |
Notice of Appeal Filed
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| On Behalf Of |
TRIPLE CROWN CONSTRUCTION
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| Docket Date |
2015-02-10
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| Type |
Misc. Events
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| Subtype |
Fee Status
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| Description |
A3:Paid In Full - $300
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