| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County
502022CA002521
|
Parties
| Name |
GMB CONSTRUCTION, INC.
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Martin B. Druyan
|
|
| Name |
Gustavo Biaggi
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
Richard H. Walker Revocable Trust Dated November 13, 2020
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Richard H. Walker
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Michael J. Monchick, B. Michael Clark, Jr.
|
|
| Name |
Luis Manuel De La Hoz
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
INNOVA HOME, LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Hon. Bradley Harper
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Palm Beach
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2023-03-28
|
| 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.
|
|
| Docket Date |
2023-05-04
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Clerk
|
|
| Docket Date |
2023-05-04
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
Order Granting Voluntary Dismissal ~ Pursuant to the May 2, 2023 notice of voluntary dismissal, this case is dismissed. Further, ORDERED that appellees’ March 30, 2023 motion to dismiss is determined to be moot.
|
|
| Docket Date |
2023-05-02
|
| Type |
Motions Other
|
| Subtype |
Motion/Notice Voluntary Dismissal
|
| Description |
Notice of Voluntary Dismissal ~ *AMENDED*
|
| On Behalf Of |
GMB Construction, Inc.
|
|
| Docket Date |
2023-05-02
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
Stricken - No or Noncompliant Cert. of Service ~ ORDERED that appellant's May 2, 2023 notice of voluntary dismissal is stricken as not in compliance with Florida Rule of Appellate Procedure 9.420(d) in that there is no certificate of service or the certificate of service does not comply in substance with the requirements of Florida Rule of General Practice and Judicial Administration 2.516(f).
|
|
| Docket Date |
2023-04-24
|
| Type |
Order
|
| Subtype |
Order to File Response
|
| Description |
ORD-Appellant to File Response ~ ORDERED that appellants are directed to respond, within ten (10) days from the date of this order, to appellees’ March 30, 2023 motion to dismiss.
|
|
| Docket Date |
2023-03-30
|
| 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, appellants 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. Appellants shall specifically address how the February 27, 2023 order is an appealable final or nonfinal order, as it appears the complaint is still pending in the trial court. Fla. R. App. P. 9.110(k) ("A partial final judgment, other than one that disposes of an entire case as to any party, is one that disposes of a separate and distinct cause of action that is not interdependent with other pleaded claims."); 4040 IBIS Cir., LLC v. JPMorgan Chase Bank, 193 So. 3d 957, 960 (Fla. 4th DCA 2016) (holding an order dismissing a compulsory counterclaim is not an appealable final order). Further,Appellees may file a response within ten (10) days of service of that statement.
|
|
| Docket Date |
2023-03-30
|
| Type |
Motions Other
|
| Subtype |
Motion To Dismiss
|
| Description |
Motion To Dismiss
|
| On Behalf Of |
Richard H. Walker
|
|
| Docket Date |
2023-03-29
|
| Type |
Notice
|
| Subtype |
Amended Notice of Appeal
|
| Description |
Amended Notice of Appeal
|
| On Behalf Of |
Clerk - Palm Beach
|
|
| Docket Date |
2023-03-29
|
| Type |
Motions Other
|
| Subtype |
Motion To Dismiss
|
| Description |
Motion To Dismiss ~ ***STRICKEN***
|
| On Behalf Of |
Richard H. Walker
|
|
| Docket Date |
2023-03-28
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2023-03-28
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
GMB Construction, Inc.
|
|
| Docket Date |
2023-03-28
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid Through Portal
|
| On Behalf Of |
GMB Construction, Inc.
|
|
|
