| Classification |
Original Proceedings - Circuit Civil - Certiorari
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
2017CA007057
|
Parties
| Name |
DUCK EYE, LLC
|
| Role |
Petitioner
|
| Status |
Active
|
| Representations |
Scott N. Gelfand
|
|
| Name |
Cale Beckman
|
| Role |
Respondent
|
| Status |
Active
|
| Representations |
Andrew J. Marchese, Jennifer Anderson Hoffman, SAI KORNSUWAN, Leah Heather Mayersohn, Marshall Dennehey Warner Coleman & Goggin, H. Wayne Clark
|
|
| Name |
WCI COMMUNITIES, LLC
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
Malgorzata Beckman
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
Davis-Bems Design Group, Inc.
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
WCI COMMUNITIES, INC.
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
ENGINEERED AIR, LLC
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
Hon. David A. Haimes
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Broward
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2018-05-01
|
| Type |
Disposition by Order
|
| Subtype |
Denied
|
| Description |
Order Denying Petition for Writ - Certiorari ~ ORDERED that the October 20, 2017 petition for writ of certiorari is denied. Further,ORDERED that respondent’s February 21, 2018 motion for attorney’s fees is granted conditioned on the trial court determining that respondent 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 petitioner’s March 1, 2018 cross motion for attorney’s fees is denied.GERBER, C.J., CONNER and KUNTZ, JJ., concur.
|
|
| Docket Date |
2018-05-01
|
| Type |
Disposition
|
| Subtype |
Denied
|
| Description |
Denied - Order by Judge
|
|
| Docket Date |
2018-03-05
|
| Type |
Response
|
| Subtype |
Reply to Response
|
| Description |
Reply to Response
|
| On Behalf Of |
Duck Eye, LLC
|
|
| Docket Date |
2018-03-01
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ **ATTYS FEES DENIED. SEE 05/01/2018 ORDER.** IN OPPOSITION TO RESPONDENTS' MOTION FOR ATTORNEY'S FEES **OR,** ALTERNATIVELY, PETITIONER'S CROSS-MOTION FOR ATTORNEY'S FEES
|
| On Behalf Of |
Duck Eye, LLC
|
|
| Docket Date |
2018-02-21
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response
|
| On Behalf Of |
Cale Beckman
|
|
| Docket Date |
2018-02-21
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees ~ **ATTYS FEES DENIED. SEE 05/01/2018 ORDER.** **RESPONSE AND CROSS-MOTION FOR ATTORNEY'S FEES FILED 03/01/2018**
|
| On Behalf Of |
Cale Beckman
|
|
| Docket Date |
2018-01-30
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to File Response
|
| Description |
Grant EOT to file Response ~ ORDERED that respondents’ January 25, 2018 motion for extension of time is granted, and the time for filing a response is extended thirty (30) days from the date of this order; further,ORDERED that petitioner may file a reply within ten (10) days thereafter.
|
|
| Docket Date |
2018-01-25
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to File Response
|
| Description |
Motion for Extension of Time to File Response
|
| On Behalf Of |
Cale Beckman
|
|
| Docket Date |
2018-01-08
|
| Type |
Order
|
| Subtype |
Show Cause re Petition
|
| Description |
ORD-Writs Show Cause with Reply ~ ORDERED that respondent shall file a response within twenty (20) days and show cause why the petition should not be granted. Petitioner may file a reply within ten (10) days of service of the response.
|
|
| Docket Date |
2017-10-24
|
| Type |
Record
|
| Subtype |
Appendix to Petition
|
| Description |
Appendix to Petition ~ (AMENDED)
|
| On Behalf Of |
Duck Eye, LLC
|
|
| Docket Date |
2017-10-23
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
Order Striking Appendix - Non-Compliance With R. 9.220 ~ ORDERED that the petitioner's appendix to the petition for writ of certiorari 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 properly indexed and 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, was not bookmarked in compliance with Rule 9.220(c)(3), and contains condensed transcripts. 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 |
2017-10-20
|
| Type |
Record
|
| Subtype |
Appendix to Petition
|
| Description |
Appendix to Petition ~ ***STRICKEN, SEE 10/23/2017 ORDER***
|
| On Behalf Of |
Duck Eye, LLC
|
|
| Docket Date |
2017-10-20
|
| Type |
Petition
|
| Subtype |
Petition Certiorari
|
| Description |
Petition for Certiorari Filed
|
| On Behalf Of |
Duck Eye, LLC
|
|
| Docket Date |
2017-09-22
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Grant Extension of Time ~ ORDERED that petitioner's September 6, 2017 unopposed motion for extension of time is granted. The time for filing a petition for writ of certiorari and appendix in this proceeding is extended until October 21, 2017.
|
|
| Docket Date |
2017-09-06
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time
|
| Description |
Motion for Extension of Time
|
| On Behalf Of |
Duck Eye, LLC
|
|
| Docket Date |
2017-08-18
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
ORD-Pay Filing Fee-Original Proceeding ~ The $300.00 filing fee or affidavit of indigency in conformance with sections 57.081 and 57.085, Florida Statutes, did not accompany the petition as required in Florida Rule of Appellate Procedure 9.100(b). The filing fee is due and payable at the time of filing REGARDLESS OF WHETHER THE PETITION IS SUBSEQUENTLY VOLUNTARILY DISMISSED OR ADVERSELY DISMISSED.ORDERED sua sponte that the $300.00 filing fee or affidavit of indigency in conformance with section 57.081 and 57.085, Florida Statutes, must be filed 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 petition has a duty to tender the filing fee to the appellate court when the petition 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: 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 this filing fee is paid or until an affidavit of indigency is filed and indigency status is granted.
|
|
| Docket Date |
2017-08-18
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Writ of Certiorari / Acknowledgment letter
|
|
| Docket Date |
2017-08-17
|
| Type |
Petition
|
| Subtype |
Petition
|
| Description |
Petition Filed
|
| On Behalf Of |
Duck Eye, LLC
|
|
| Docket Date |
2017-08-17
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
|
| Docket Date |
2017-08-17
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
|
