| Classification |
NOA Non Final - Circuit Civil - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
CACE18-007990
|
Parties
| Name |
SOUTH FLORIDA CONSTRUCTION GROUP, INC
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Michael L. Feinstein
|
|
| Name |
EAST VILLAGE 2300, LLC
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
RYAN E. WILLITS
|
|
| Name |
Hon. John Hurley
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Broward
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2018-09-04
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
Order Granting Voluntary Dismissal ~ ORDERED that this court’s August 24, 2018 order to show cause is discharged; further,Upon consideration of appellant's July 10, 2018 response, it is ORDERED that appellee's June 15, 2018 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,Pursuant to the August 29, 2018 notice of voluntary dismissal, this case is dismissed.
|
|
| Docket Date |
2018-09-04
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Judge
|
|
| Docket Date |
2018-08-29
|
| Type |
Motions Other
|
| Subtype |
Motion/Notice Voluntary Dismissal
|
| Description |
Notice of Voluntary Dismissal
|
| On Behalf Of |
SOUTH FLORIDA CONSTRUCTION GROUP, INC.
|
|
| Docket Date |
2018-08-24
|
| Type |
Order
|
| Subtype |
Show Cause
|
| Description |
Show Cause Lack of Prosecution, Initial Brief/Apdx ~ **DISCHARGED**ORDERED that appellant in the above-styled case is directed to show cause in writing, if any there be, within ten (10) days from the date of this order, 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 |
2018-07-16
|
| Type |
Order
|
| Subtype |
Order on Motion To Dismiss
|
| Description |
ORD-Denying Aplee's Motion to Dismiss ~ Upon consideration of appellant’s July 10, 2018 response, it is ORDERED that appellee’s June 15, 2018 motion to dismiss is denied. This court determines that the order granting plaintiff’s motion for order disbursing funds from the court registry is a proper, non-final order that determines the right to immediate possession of property. See Tribeca Aesthetic Medical Solutions, LLC v. Edge Pilates Corp., 82 So. 3d 899, 901 n.1 (Fla. 4th DCA 2011) (finding that the trial court’s ordering of disbursement to the landlord of rent paid into the registry of the court was an order determining the right to immediate possession of property); Greene v. Borsky, 961 So. 2d 1057 (Fla. 4th DCA 2007); Fla. Discount Props., Inc.v. Windermere Condo., Inc., 763 So. 2d 1084 (Fla. 4th DCA 1999) (finding that an order denying the lessor’s motion to require lessee to pay rent into the registry of the court was immediately appealable as an order determining the right to immediate possession of property, i.e., the rent payments).
|
|
| Docket Date |
2018-07-10
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ TO APPELLEE'S MOTION TO DISMISS APPEAL
|
| On Behalf Of |
SOUTH FLORIDA CONSTRUCTION GROUP, INC.
|
|
| Docket Date |
2018-07-10
|
| Type |
Notice
|
| Subtype |
Amended Notice of Appeal
|
| Description |
Amended Notice of Appeal
|
|
| Docket Date |
2018-06-26
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to File Response
|
| Description |
Grant EOT to file Response ~ ORDERED that appellant's June 25, 2018 motion for extension of time is granted, and the time for filing a response to appellee’s motion to dismiss appeal is extended to and including July 10, 2018; further,ORDERED that appellant’s June 25, 2018 motion and June 26, 2018 amended motion for extension of time are granted, and the time for filing a response to appellee’s motion for appellate attorney’s fees is extended to and including July 10, 2018.
|
|
| Docket Date |
2018-06-26
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to File Response
|
| Description |
Motion for Extension of Time to File Response ~ (AMENDED) TO APPELLEE'S MOTION FOR APPELLATE ATTORNEY'S FEES
|
| On Behalf Of |
SOUTH FLORIDA CONSTRUCTION GROUP, INC.
|
|
| Docket Date |
2018-06-25
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to File Response
|
| Description |
Motion for Extension of Time to File Response ~ **AMENDED MOTION FILED** TO APPELLEE'S MOTION FOR APPELLATE ATTORNEY'S FEES
|
| On Behalf Of |
SOUTH FLORIDA CONSTRUCTION GROUP, INC.
|
|
| Docket Date |
2018-06-15
|
| 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, 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 that 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 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. 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 circuit court clerk's determination of indigent status is filed.
|
|
| Docket Date |
2018-06-15
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2018-06-15
|
| Type |
Motions Other
|
| Subtype |
Motion To Dismiss
|
| Description |
Motion To Dismiss
|
| On Behalf Of |
EAST VILLAGE 2300, LLC.
|
|
| Docket Date |
2018-06-15
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees ~ **RESPONSE FILED 07/10/2018**
|
| On Behalf Of |
EAST VILLAGE 2300, LLC.
|
|
| Docket Date |
2018-06-14
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
| Docket Date |
2018-06-14
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
SOUTH FLORIDA CONSTRUCTION GROUP, INC.
|
|
|
| Classification |
NOA Non Final - Circuit Civil - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
CONO 17-008260 (17)
|
Parties
| Name |
SOUTH FLORIDA CONSTRUCTION GROUP, INC
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Michael L. Feinstein
|
|
| Name |
EAST VILLAGE 2300, LLC
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
RYAN E. WILLITS
|
|
| Name |
Clerk - Broward
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2018-03-28
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
SOUTH FLORIDA CONSTRUCTION GROUP, INC.
|
|
| Docket Date |
2018-04-26
|
| Type |
Order
|
| Subtype |
Order on Motion For Attorney's Fees
|
| Description |
Deny Attorney's Fees ~ ORDERED that appellee's April 17, 2018 motion for sanctions and motion for attorneys' fees are both denied.
|
|
| Docket Date |
2018-04-17
|
| Type |
Motions Other
|
| Subtype |
Motion for Sanctions
|
| Description |
Motion for sanctions
|
| On Behalf Of |
EAST VILLAGE 2300, LLC
|
|
| Docket Date |
2018-04-17
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
|
| On Behalf Of |
EAST VILLAGE 2300, LLC
|
|
| Docket Date |
2018-04-17
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Clerk
|
|
| Docket Date |
2018-04-17
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
ORD-Sua Sponte Dismiss-No Filing Fee ~ ORDERED sua sponte that the above-styled appeal is dismissed for nonpayment of the $300.00 filing fee; further,ORDERED that appellee's April 10, 2018 motion to dismiss is determined to be moot.
|
|
| Docket Date |
2018-04-10
|
| Type |
Motions Other
|
| Subtype |
Motion To Dismiss
|
| Description |
Motion To Dismiss
|
| On Behalf Of |
EAST VILLAGE 2300, LLC
|
|
| Docket Date |
2018-04-10
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix
|
| On Behalf Of |
EAST VILLAGE 2300, LLC
|
|
| Docket Date |
2018-04-09
|
| Type |
Brief
|
| Subtype |
Jurisdictional Brief
|
| Description |
Jurisdictional Brief
|
| On Behalf Of |
SOUTH FLORIDA CONSTRUCTION GROUP, INC.
|
|
| Docket Date |
2018-04-05
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
ORD-Stricken as Unauthorized ~ ORDERED sua sponte that the appellee's April 4, 2018 notice is stricken as unauthorized.
|
|
| Docket Date |
2018-04-04
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice ~ **STRICKEN** OF UNAVAILABILITY.
|
| On Behalf Of |
EAST VILLAGE 2300, LLC
|
|
| Docket Date |
2018-03-29
|
| 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, 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 that 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 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. 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 circuit court clerk's determination of indigent status is filed.
|
|
| Docket Date |
2018-03-29
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2018-03-28
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
|
