|
LENMAR REALTY, LLC., et al., Appellant(s) v. LAKE VISTA CENTER, L.P., Appellee(s).
|
4D2024-0700
|
2024-03-18
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Foreclosure
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County
502017CA010936XXXX
|
Parties
Docket Entries
| Docket Date |
2024-05-23
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
At the request of the parties, this case is dismissed.
|
| View |
View File
|
|
| Docket Date |
2024-05-22
|
| Type |
Motions Other
|
| Subtype |
Motion/Notice Voluntary Dismissal
|
| Description |
Joint Stipulation of Dismissal with Prejudice
|
|
| Docket Date |
2024-05-14
|
| Type |
Notice
|
| Subtype |
Notice of Inability
|
| Description |
Notice of Inability to Transmit Record on Appeal
|
| On Behalf Of |
Palm Beach Clerk
|
|
| Docket Date |
2024-04-06
|
| Type |
Notice
|
| Subtype |
Notice of Change of Address
|
| Description |
Notice of Change of Address
|
| On Behalf Of |
Lenmar Realty, LLC
|
|
| Docket Date |
2024-03-19
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal
|
| On Behalf Of |
Lake Vista Center, L.P.
|
|
| Docket Date |
2024-03-19
|
| Type |
Miscellaneous Document
|
| Subtype |
Pay Case Filing Fee-300
|
| Description |
Paid Case Filing Fee-300
|
| On Behalf Of |
Lenmar Realty, LLC
|
| View |
View File
|
|
| Docket Date |
2024-03-19
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
Order on Filing Fee
|
| View |
View File
|
|
| Docket Date |
2024-03-19
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
| View |
View File
|
|
|
|
LENMAR REALTY, LLC VS SUN ELECTRIC WORKS, INC. and LAKE VISTA CENTER, LLC
|
4D2019-3605
|
2019-11-22
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County
502017CA009665
Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County
502017CA010348
|
Parties
| Name |
LENMAR REALTY, LLC
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Ronald E. D'Anna
|
|
| Name |
SUN ELECTRIC WORKS INC.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Jane Kreusler-Walsh, Stephanie L. Serafin, Edward F. Holodak, Rebecca Mercier Vargas
|
|
| Name |
Lake Vista Center, LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Hon. John S. Kastrenakes
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Palm Beach
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
9999-06-24
|
| Type |
Misc. Events
|
| Subtype |
Miscellaneous Docket Entry
|
| Description |
Miscellaneous Entry/Document ~ **NO AR- SEE 12/18/20 E-MAIL**
|
|
| Docket Date |
2222-12-18
|
| Type |
Misc. Events
|
| Subtype |
Miscellaneous Docket Entry
|
| Description |
Miscellaneous Entry/Document ~ **CROSS APPEAL DISMISSED. SEE 12/18/2019 ORDER.**
|
|
| Docket Date |
2021-06-18
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2021-05-28
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2021-05-28
|
| Type |
Order
|
| Subtype |
Order on Motion for Rehearing
|
| Description |
ORD-Denying Rehearing ~ ORDERED that appellees’ May 6, 2021 motion for rehearing is denied. Further,ORDERED that appellant’s May 7, 2021 motion for rehearing is denied.
|
|
| Docket Date |
2021-05-26
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response
|
| On Behalf Of |
SUN ELECTRIC WORKS, INC.
|
|
| Docket Date |
2021-05-24
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to File Response
|
| Description |
Grant EOT to file Response ~ ORDERED that appellees’ May 21, 2021 motion for extension is granted, and the time for filing a response to the motion for rehearing is extended seven (7) days from the date of this order.
|
|
| Docket Date |
2021-05-21
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to File Response
|
| Description |
Motion for Extension of Time to File Response
|
| On Behalf Of |
SUN ELECTRIC WORKS, INC.
|
|
| Docket Date |
2021-05-07
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion for Rehearing
|
| Description |
Motion For Rehearing
|
| On Behalf Of |
LENMAR REALTY, LLC
|
|
| Docket Date |
2021-05-06
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion for Rehearing
|
| Description |
Motion For Rehearing
|
| On Behalf Of |
SUN ELECTRIC WORKS, INC.
|
|
| Docket Date |
2021-04-30
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Grant Extension of Time ~ ORDERED that appellant’s April 29, 2021 motion for extension is granted and the time for filing post-opinion motions is extended seven (7) days from the date of this order.
|
|
| Docket Date |
2021-04-29
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time
|
| Description |
Motion for Extension of Time
|
| On Behalf Of |
LENMAR REALTY, LLC
|
|
| Docket Date |
2021-04-29
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Grant Extension of Time ~ ORDERED that appellees’ April 28, 2021 motion for extension is granted and the time for filing post-opinion motions is extended seven (7) days from the date of this order.
|
|
| Docket Date |
2021-04-28
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time
|
| Description |
Motion for Extension of Time
|
| On Behalf Of |
SUN ELECTRIC WORKS, INC.
|
|
| Docket Date |
2021-04-14
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed in Part/Reversed in Part
|
| Description |
Affirmed in Part/Reversed in Part - Authored Opinion
|
|
| Docket Date |
2021-04-14
|
| Type |
Order
|
| Subtype |
Order on Motion For Attorney's Fees
|
| Description |
Deny Attorney's Fees ~ ORDERED that appellee’s November 18, 2020 motion for appellate attorney's fees is denied.
|
|
| Docket Date |
2020-11-18
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
|
| On Behalf Of |
SUN ELECTRIC WORKS, INC.
|
|
| Docket Date |
2020-11-18
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant's Reply Brief
|
| On Behalf Of |
LENMAR REALTY, LLC
|
|
| Docket Date |
2020-11-16
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ TO MOTION FOR ATTY. FEES.
|
| On Behalf Of |
SUN ELECTRIC WORKS, INC.
|
|
| Docket Date |
2020-11-04
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to File Response
|
| Description |
Grant EOT to file Response ~ ORDERED that appellees’ November 2, 2020 motion for extension is granted, and the time for filing a response to the motion for attorney fees is extended ten (10) days from the date of this order.
|
|
| Docket Date |
2020-11-02
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to File Response
|
| Description |
Motion for Extension of Time to File Response ~ TO APPELLANT'S MOTION FOR ATTORNEY'S FEES
|
| On Behalf Of |
SUN ELECTRIC WORKS, INC.
|
|
| Docket Date |
2020-10-26
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Reply Brief
|
| Description |
ORD-Reply Brief to be Served ~ ORDERED that appellant's October 20, 2020 motion for extension of time is granted, and appellant shall serve the reply brief on or before November 18, 2020. In addition, if the reply brief is served after the time provided for in this order, it will be subject to being stricken, or the court in its discretion may impose other sanctions. Appellant is advised that no further extensions will be granted absent a detailed explanation for why the reply brief has not yet been filed and a showing of extraordinary circumstances where, if a further extension is not granted, irreparable and material harm will result to the litigant. Attorney workload does not constitute extraordinary circumstances which justifies a further extension of time.
|
|
| Docket Date |
2020-10-20
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Reply Brief
|
| Description |
Mot. for Extension of Time to File Reply Brief
|
| On Behalf Of |
SUN ELECTRIC WORKS, INC.
|
|
| Docket Date |
2020-10-19
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees ~ **RESPONSE FILED**
|
| On Behalf Of |
LENMAR REALTY, LLC
|
|
| Docket Date |
2020-09-18
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief
|
| On Behalf Of |
SUN ELECTRIC WORKS, INC.
|
|
| Docket Date |
2020-08-21
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
| Description |
Notice of Agreed Extension - Answer Brief
|
| On Behalf Of |
SUN ELECTRIC WORKS, INC.
|
|
| Docket Date |
2020-07-21
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
| Description |
Notice of Agreed Extension - Answer Brief
|
| On Behalf Of |
SUN ELECTRIC WORKS, INC.
|
|
| Docket Date |
2020-06-24
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
SUN ELECTRIC WORKS, INC.
|
|
| Docket Date |
2020-06-23
|
| Type |
Order
|
| Subtype |
Order on Miscellaneous Motion
|
| Description |
Grant Miscellaneous Motion ~ Upon consideration of appellees' June 19, 2020 "motion in opposition," it is ORDERED that appellant's June 16, 2020 "motion to accept filing of consolidated initial brief" is granted, and the consolidated initial brief is deemed timely filed as of the date of this order. Further, Upon consideration of appellant's June 19, 2020 response, it is ORDERED that appellees' June 19, 2020 motion to dismiss is denied as moot.
|
|
| Docket Date |
2020-06-23
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
LENMAR REALTY, LLC
|
|
| Docket Date |
2020-06-19
|
| Type |
Motions Other
|
| Subtype |
Motion To Dismiss
|
| Description |
Motion To Dismiss
|
| On Behalf Of |
SUN ELECTRIC WORKS, INC.
|
|
| Docket Date |
2020-06-19
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response
|
| On Behalf Of |
SUN ELECTRIC WORKS, INC.
|
|
| Docket Date |
2020-06-16
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
Miscellaneous Motion ~ TOACCEPT FILING OF CONSOLIDATED INITIAL BRIEF
|
| On Behalf Of |
LENMAR REALTY, LLC
|
|
| Docket Date |
2020-06-03
|
| Type |
Order
|
| Subtype |
Show Cause
|
| 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 June 15, 2020, why the above-styled case should not be dismissed for lack of timely prosecution, in that 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.
|
|
| Docket Date |
2020-05-21
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
Order Granting EOT for Initial Brief ~ ORDERED that appellant's May 20, 2020 amended motion for extension of time is granted, and appellant shall serve the initial brief within five (5) days from the date of this order. In addition, if the initial brief is not served within the time provided for in this order, the above-styled case may be subject to dismissal or the court in its discretion may impose other sanctions.
|
|
| Docket Date |
2020-05-20
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Initial Brief
|
| Description |
Mot. for Extension of time to file Initial Brief ~ AMENDED.
|
| On Behalf Of |
LENMAR REALTY, LLC
|
|
| Docket Date |
2020-05-19
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Initial Brief
|
| Description |
Mot. for Extension of time to file Initial Brief ~ **AMENDED MOTION FILED**
|
| On Behalf Of |
LENMAR REALTY, LLC
|
|
| Docket Date |
2020-05-05
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
Order Granting EOT for Initial Brief ~ ORDERED that appellant's May 5, 2020 motion for extension of time is granted, and appellant shall serve the initial brief within fourteen (14) days from the date of this order. In addition, if the initial brief is not served within the time provided for in this order, the above-styled case may be subject to dismissal or the court in its discretion may impose other sanctions.
|
|
| Docket Date |
2020-05-05
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Initial Brief
|
| Description |
Mot. for Extension of time to file Initial Brief
|
| On Behalf Of |
LENMAR REALTY, LLC
|
|
| Docket Date |
2020-04-24
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
| Description |
Notice of Agreed Extension - Initial Brief
|
| On Behalf Of |
LENMAR REALTY, LLC
|
|
| Docket Date |
2020-04-14
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
| Description |
Notice of Agreed Extension - Initial Brief
|
| On Behalf Of |
LENMAR REALTY, LLC
|
|
| Docket Date |
2020-04-13
|
| Type |
Record
|
| Subtype |
Supplemental Record
|
| Description |
Supplemental Records ~ (40 PAGES)
|
| On Behalf Of |
Clerk - Palm Beach
|
|
| Docket Date |
2020-04-03
|
| Type |
Order
|
| Subtype |
Order on Motion to Supplement Record & EOT/Toll Briefing
|
| Description |
Order Granting Motion to Supplement the Record ~ ORDERED that appellant's April 2, 2020 motion to supplement the record is granted. The material requested in the motion shall be included in the record on appeal. The clerk of the lower tribunal shall prepare and file the supplemental material in this court within ten (10) days from the date of this order. Appellant shall monitor the supplementation process.
|
|
| Docket Date |
2020-04-02
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion to Supplement Record
|
| Description |
Motion To File Supplemental Record
|
| On Behalf Of |
LENMAR REALTY, LLC
|
|
| Docket Date |
2020-03-18
|
| Type |
Order
|
| Subtype |
Order to File Status Report
|
| Description |
Order for Status Report Re: ROA ~ Upon consideration of the Notice of Inability to Transmit Record on Appeal filed by the clerk of the lower tribunal on March 6, 20202, appellant is ordered to file a report, within ten (10) days from the date of this order, as to the status of the payment for and preparation of the record on appeal.
|
|
| Docket Date |
2020-03-06
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice ~ (19-3468) OF INABILITY TO TRANSMIT RECORD.
|
| On Behalf Of |
Clerk - Palm Beach
|
|
| Docket Date |
2020-03-03
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
| Description |
Notice of Agreed Extension - Initial Brief
|
| On Behalf Of |
LENMAR REALTY, LLC
|
|
| Docket Date |
2020-02-13
|
| Type |
Record
|
| Subtype |
Transcript
|
| Description |
Transcript Received ~ (460 PAGES)
|
| On Behalf Of |
Clerk - Palm Beach
|
|
| Docket Date |
2020-02-12
|
| Type |
Order
|
| Subtype |
Order on Motion for Rehearing En Banc
|
| Description |
Order Denying Rehearing En Banc ~ ORDERED that appellee's December 30, 2019 "motion for rehearing, issuance of a written opinion and for rehearing en banc as to order dated December 18, 2019 sua sponte dismissing the notice of cross-appeal as untimely" filed in 4D19-3605, is denied. The reservation to release funds placed in the court registry to substantiate a claim of performance of rent that has been disposed of does not cause the October 9, 2019 amended final judgment to be nonfinal and nonappealable.
|
|
| Docket Date |
2020-02-10
|
| Type |
Order
|
| Subtype |
Order on Motion to Consolidate
|
| Description |
ORD-Granting Consolidation ~ ORDERED that, upon consideration of appellant's February 4, 2020 response, this court's January 24, 2020 orders to show cause are discharged. Further, ORDERED that appellant's February 3, 2020 motion to consolidate is granted, and case numbers 4D19-3467, 4D19-3468, and 4D19-3605 are consolidated for all purposes and are to proceed under the time schedule for a direct appeal and according to the requirements of Florida Rule of Appellate Procedure 9.110, and shall proceed under case number 4D19-3467. Appellant shall file a single initial brief addressing the issues of all three case numbers.
|
|
| Docket Date |
2020-02-03
|
| Type |
Motions Other
|
| Subtype |
Motion To Consolidate
|
| Description |
Motion To Consolidate
|
| On Behalf Of |
LENMAR REALTY, LLC
|
|
| Docket Date |
2020-02-03
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
| Description |
Notice of Agreed Extension - Initial Brief
|
| On Behalf Of |
LENMAR REALTY, LLC
|
|
| Docket Date |
2020-02-03
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ TO 02/28/2020
|
|
| Docket Date |
2019-12-30
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion for Rehearing
|
| Description |
Motion for Rehearing / Rehearing En Banc
|
| On Behalf Of |
SUN ELECTRIC WORKS, INC.
|
|
| Docket Date |
2019-12-30
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix ~ TO MOTION FOR REHEARING
|
| On Behalf Of |
SUN ELECTRIC WORKS, INC.
|
|
| Docket Date |
2019-12-18
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
ORD-Sua Sponte ~ Upon consideration of appellees/cross-appellants’ December 2, 2019 jurisdictional brief and appellant/cross-appellee’s December 12, 2019 response, it is ORDERED sua sponte that the notice of cross-appeal is dismissed as untimely as to the amended final judgment entered on October 9, 2019 pursuant to the "order granting in part Lenmar Realty LLC's motion to amend final judgment/rehearing and entry of amended final judgment."MAY, DAMOORGIAN and GERBER, JJ., concur.
|
|
| Docket Date |
2019-12-12
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response
|
| On Behalf Of |
LENMAR REALTY, LLC
|
|
| Docket Date |
2019-12-05
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid Through Portal
|
| On Behalf Of |
LENMAR REALTY, LLC
|
|
| Docket Date |
2019-12-02
|
| Type |
Brief
|
| Subtype |
Jurisdictional Brief
|
| Description |
Jurisdictional Brief ~ RESPONSE TO ORDER ENTERED NOVEMBER 27, 2019 REGARDING "NOTICE OF CROSS-APPEAL"
|
| On Behalf Of |
SUN ELECTRIC WORKS, INC.
|
|
| Docket Date |
2019-11-27
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
ORD-Pay filing Fee - Cross-Appeal - 10 days ~ A Notice of Cross-Appeal was filed in the lower tribunal on November 25, 2019. The $295.00 filing fee, or a circuit court clerk’s determination of indigent status, did not accompany the Notice of Cross-Appeal as required by section 35.22(2)(b), Florida Statutes (2016) and Florida Rule of Appellate Procedure 9.110(b). The filing fee is due and payable at the time of filing REGARDLESS OF WHETHER THE CROSS-APPEAL IS LATER DISMISSED VOLUNTARILY OR ADVERSELY.ORDERED, appellee/cross-appellant shall pay the $295.00 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. 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 the cross-appeal 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 cross-appeal has a duty to tender the filing fee to the appellate court when the cross-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.
|
|
| Docket Date |
2019-11-27
|
| Type |
Misc. Events
|
| Subtype |
Cross-Notice Filing Fee Paid through Portal
|
| Description |
CROSS NOTICE FILING FEE PAID THROUGH PORTAL
|
| On Behalf Of |
SUN ELECTRIC WORKS, INC.
|
|
| Docket Date |
2019-11-26
|
| Type |
Notice
|
| Subtype |
Notice of Cross Appeal
|
| Description |
Notice of Cross Appeal ~ **DISMISSED AS UNTIMELY. SEE 12/18/2019 ORDER.**
|
|
| Docket Date |
2019-11-25
|
| 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. 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 circuit court clerk's determination of indigent status is filed.
|
|
| Docket Date |
2019-11-25
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2019-11-22
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
LENMAR REALTY, LLC
|
|
| Docket Date |
2019-11-22
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
|
|
LENMAR REALTY, LLC VS SUN ELECTRIC WORKS, INC.
|
4D2019-3467
|
2019-11-08
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County
502017CA009665
|
Parties
| Name |
LENMAR REALTY, LLC
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Ronald E. D'Anna
|
|
| Name |
Hon. Edward L. Artau
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
SUN ELECTRIC WORKS INC.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Stephanie L. Serafin, Rebecca Mercier Vargas, Jane Kreusler-Walsh, Edward F. Holodak
|
|
| Name |
Clerk - Palm Beach
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2020-06-19
|
| Type |
Motions Other
|
| Subtype |
Motion To Dismiss
|
| Description |
Motion To Dismiss
|
| On Behalf Of |
SUN ELECTRIC WORKS, INC.
|
|
| Docket Date |
2020-06-19
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ TO MOTION TO DISMISS.
|
| On Behalf Of |
LENMAR REALTY, LLC
|
|
| Docket Date |
2020-06-23
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
LENMAR REALTY, LLC
|
|
| Docket Date |
2020-06-23
|
| Type |
Order
|
| Subtype |
Order on Miscellaneous Motion
|
| Description |
Grant Miscellaneous Motion ~ Upon consideration of appellees' June 19, 2020 "motion in opposition," it is ORDERED that appellant's June 16, 2020 "motion to accept filing of consolidated initial brief" is granted, and the consolidated initial brief is deemed timely filed as of the date of this order. Further, Upon consideration of appellant's June 19, 2020 response, it is ORDERED that appellees' June 19, 2020 motion to dismiss is denied as moot.
|
|
| Docket Date |
2020-06-16
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
Miscellaneous Motion ~ TOACCEPT FILING OF CONSOLIDATED INITIAL BRIEF
|
| On Behalf Of |
LENMAR REALTY, LLC
|
|
| Docket Date |
2020-06-03
|
| Type |
Order
|
| Subtype |
Show Cause
|
| 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 June 15, 2020, why the above-styled case should not be dismissed for lack of timely prosecution, in that 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.
|
|
| Docket Date |
9999-06-24
|
| Type |
Misc. Events
|
| Subtype |
Miscellaneous Docket Entry
|
| Description |
Miscellaneous Entry/Document ~ **NO AR- SEE 12/18/20 E-MAIL**
|
|
| Docket Date |
2021-06-18
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2021-05-28
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2021-05-28
|
| Type |
Order
|
| Subtype |
Order on Motion for Rehearing
|
| Description |
ORD-Denying Rehearing ~ ORDERED that appellees’ May 6, 2021 motion for rehearing is denied. Further,ORDERED that appellant’s May 7, 2021 motion for rehearing is denied.
|
|
| Docket Date |
2021-05-26
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response
|
| On Behalf Of |
SUN ELECTRIC WORKS, INC.
|
|
| Docket Date |
2021-05-24
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to File Response
|
| Description |
Grant EOT to file Response ~ ORDERED that appellees’ May 21, 2021 motion for extension is granted, and the time for filing a response to the motion for rehearing is extended seven (7) days from the date of this order.
|
|
| Docket Date |
2021-05-21
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to File Response
|
| Description |
Motion for Extension of Time to File Response
|
| On Behalf Of |
SUN ELECTRIC WORKS, INC.
|
|
| Docket Date |
2021-05-07
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion for Rehearing
|
| Description |
Motion For Rehearing
|
| On Behalf Of |
LENMAR REALTY, LLC
|
|
| Docket Date |
2021-05-06
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion for Rehearing
|
| Description |
Motion For Rehearing
|
| On Behalf Of |
SUN ELECTRIC WORKS, INC.
|
|
| Docket Date |
2021-04-30
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Grant Extension of Time ~ ORDERED that appellant’s April 29, 2021 motion for extension is granted and the time for filing post-opinion motions is extended seven (7) days from the date of this order.
|
|
| Docket Date |
2021-04-29
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Grant Extension of Time ~ ORDERED that appellees’ April 28, 2021 motion for extension is granted and the time for filing post-opinion motions is extended seven (7) days from the date of this order.
|
|
| Docket Date |
2021-04-29
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time
|
| Description |
Motion for Extension of Time
|
| On Behalf Of |
LENMAR REALTY, LLC
|
|
| Docket Date |
2021-04-28
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time
|
| Description |
Motion for Extension of Time
|
| On Behalf Of |
SUN ELECTRIC WORKS, INC.
|
|
| Docket Date |
2021-04-14
|
| Type |
Order
|
| Subtype |
Order on Motion For Attorney's Fees
|
| Description |
Deny Attorney's Fees ~ ORDERED that appellee’s November 18, 2020 motion for appellate attorney's fees is denied.
|
|
| Docket Date |
2021-04-14
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed in Part/Reversed in Part
|
| Description |
Affirmed in Part/Reversed in Part - Authored Opinion
|
|
| Docket Date |
2020-11-18
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
|
| On Behalf Of |
SUN ELECTRIC WORKS, INC.
|
|
| Docket Date |
2020-11-18
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant's Reply Brief
|
| On Behalf Of |
LENMAR REALTY, LLC
|
|
| Docket Date |
2020-11-16
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ TO MOTION FOR ATTY. FEES.
|
| On Behalf Of |
SUN ELECTRIC WORKS, INC.
|
|
| Docket Date |
2020-11-04
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to File Response
|
| Description |
Grant EOT to file Response ~ ORDERED that appellees’ November 2, 2020 motion for extension is granted, and the time for filing a response to the motion for attorney fees is extended ten (10) days from the date of this order.
|
|
| Docket Date |
2020-11-02
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to File Response
|
| Description |
Motion for Extension of Time to File Response ~ TO APPELLANT'S MOTION FOR ATTORNEY'S FEES
|
| On Behalf Of |
SUN ELECTRIC WORKS, INC.
|
|
| Docket Date |
2020-10-26
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Reply Brief
|
| Description |
ORD-Reply Brief to be Served ~ ORDERED that appellant's October 20, 2020 motion for extension of time is granted, and appellant shall serve the reply brief on or before November 18, 2020. In addition, if the reply brief is served after the time provided for in this order, it will be subject to being stricken, or the court in its discretion may impose other sanctions. Appellant is advised that no further extensions will be granted absent a detailed explanation for why the reply brief has not yet been filed and a showing of extraordinary circumstances where, if a further extension is not granted, irreparable and material harm will result to the litigant. Attorney workload does not constitute extraordinary circumstances which justifies a further extension of time.
|
|
| Docket Date |
2020-10-20
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Reply Brief
|
| Description |
Mot. for Extension of Time to File Reply Brief
|
| On Behalf Of |
SUN ELECTRIC WORKS, INC.
|
|
| Docket Date |
2020-10-19
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees ~ **RESPONSE FILED**
|
| On Behalf Of |
LENMAR REALTY, LLC
|
|
| Docket Date |
2020-09-18
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief
|
| On Behalf Of |
SUN ELECTRIC WORKS, INC.
|
|
| Docket Date |
2020-08-21
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
| Description |
Notice of Agreed Extension - Answer Brief
|
| On Behalf Of |
SUN ELECTRIC WORKS, INC.
|
|
| Docket Date |
2020-08-21
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 30 DAYS TO 9/23/20.
|
|
| Docket Date |
2020-07-21
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 30 DAYS TO 8/24/20.
|
|
| Docket Date |
2020-07-21
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
| Description |
Notice of Agreed Extension - Answer Brief
|
| On Behalf Of |
SUN ELECTRIC WORKS, INC.
|
|
| Docket Date |
2020-06-24
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
SUN ELECTRIC WORKS, INC.
|
|
| Docket Date |
2020-05-20
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Initial Brief
|
| Description |
Mot. for Extension of time to file Initial Brief ~ AMENDED.
|
| On Behalf Of |
LENMAR REALTY, LLC
|
|
| Docket Date |
2020-05-19
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Initial Brief
|
| Description |
Mot. for Extension of time to file Initial Brief ~ **AMENDED MOTION FILED**
|
| On Behalf Of |
LENMAR REALTY, LLC
|
|
| Docket Date |
2020-05-05
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Initial Brief
|
| Description |
Mot. for Extension of time to file Initial Brief
|
| On Behalf Of |
LENMAR REALTY, LLC
|
|
| Docket Date |
2020-05-05
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
Order Granting EOT for Initial Brief ~ ORDERED that appellant's May 5, 2020 motion for extension of time is granted, and appellant shall serve the initial brief within fourteen (14) days from the date of this order. In addition, if the initial brief is not served within the time provided for in this order, the above-styled case may be subject to dismissal or the court in its discretion may impose other sanctions.
|
|
| Docket Date |
2020-04-24
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ TO 5/2/20.
|
|
| Docket Date |
2020-04-24
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
| Description |
Notice of Agreed Extension - Initial Brief
|
| On Behalf Of |
LENMAR REALTY, LLC
|
|
| Docket Date |
2020-04-14
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
| Description |
Notice of Agreed Extension - Initial Brief
|
| On Behalf Of |
LENMAR REALTY, LLC
|
|
| Docket Date |
2020-04-14
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ TO 4/25/20.
|
|
| Docket Date |
2020-04-13
|
| Type |
Record
|
| Subtype |
Supplemental Record
|
| Description |
Supplemental Records ~ (40 PAGES)
|
| On Behalf Of |
Clerk - Palm Beach
|
|
| Docket Date |
2020-04-03
|
| Type |
Order
|
| Subtype |
Order on Motion to Supplement Record & EOT/Toll Briefing
|
| Description |
Order Granting Motion to Supplement the Record ~ ORDERED that appellant's April 2, 2020 motion to supplement the record is granted. The material requested in the motion shall be included in the record on appeal. The clerk of the lower tribunal shall prepare and file the supplemental material in this court within ten (10) days from the date of this order. Appellant shall monitor the supplementation process.
|
|
| Docket Date |
2020-04-02
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion to Supplement Record
|
| Description |
Motion To File Supplemental Record
|
| On Behalf Of |
LENMAR REALTY, LLC
|
|
| Docket Date |
2020-03-31
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ 4D19-3468 (88 PAGES)
|
| On Behalf Of |
Clerk - Palm Beach
|
|
| Docket Date |
2020-03-30
|
| Type |
Record
|
| Subtype |
Appendix to Response
|
| Description |
Appendix to Response
|
| On Behalf Of |
LENMAR REALTY, LLC
|
|
| Docket Date |
2020-03-30
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response
|
| On Behalf Of |
LENMAR REALTY, LLC
|
|
| Docket Date |
2020-03-18
|
| Type |
Order
|
| Subtype |
Order to File Status Report
|
| Description |
Order for Status Report Re: ROA ~ Upon consideration of the Notice of Inability to Transmit Record on Appeal filed by the clerk of the lower tribunal on March 6, 20202, appellant is ordered to file a report, within ten (10) days from the date of this order, as to the status of the payment for and preparation of the record on appeal.
|
|
| Docket Date |
2020-02-13
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ 4D19-3467 (998 PAGES)
|
| On Behalf Of |
Clerk - Palm Beach
|
|
| Docket Date |
2019-11-21
|
| Type |
Notice
|
| Subtype |
Notice of Filing
|
| Description |
Notice of Filing ~ ORDER APPEALED.
|
| On Behalf Of |
LENMAR REALTY, LLC
|
|
| Docket Date |
2020-02-12
|
| Type |
Order
|
| Subtype |
Order on Motion for Rehearing En Banc
|
| Description |
Order Denying Rehearing En Banc ~ ORDERED that appellee's December 30, 2019 "motion for rehearing, issuance of a written opinion and for rehearing en banc as to order dated December 18, 2019 sua sponte dismissing the notice of cross-appeal as untimely" filed in 4D19-3605, is denied. The reservation to release funds placed in the court registry to substantiate a claim of performance of rent that has been disposed of does not cause the October 9, 2019 amended final judgment to be nonfinal and nonappealable.
|
|
| Docket Date |
2020-02-03
|
| Type |
Motions Other
|
| Subtype |
Motion To Consolidate
|
| Description |
Motion To Consolidate ~ w/19-3468 & 19-3605
|
| On Behalf Of |
LENMAR REALTY, LLC
|
|
| Docket Date |
2020-02-03
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ TO JANUARY 24, 2020 ORDER TO SHOWCAUSE
|
| On Behalf Of |
LENMAR REALTY, LLC
|
|
| Docket Date |
2020-02-03
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ TO 2/28/20.
|
|
| Docket Date |
2020-02-03
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
| Description |
Notice of Agreed Extension - Initial Brief
|
| On Behalf Of |
LENMAR REALTY, LLC
|
|
| Docket Date |
2020-01-24
|
| Type |
Order
|
| Subtype |
Show Cause
|
| Description |
Show Cause Lack of Prosecution, Initial Brief ~ **DISCHARGED**ORDERED that appellant in the above-styled case is directed to show cause in writing, if any there be, on or before February 3, 2020, why the above-styled case should not be dismissed for lack of timely prosecution, in that 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.
|
|
| Docket Date |
2019-11-21
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid Through Portal
|
| On Behalf Of |
LENMAR REALTY, LLC
|
|
| Docket Date |
2019-11-12
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2019-11-08
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
LENMAR REALTY, LLC
|
|
| Docket Date |
2019-11-08
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2020-05-21
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
Order Granting EOT for Initial Brief ~ ORDERED that appellant's May 20, 2020 amended motion for extension of time is granted, and appellant shall serve the initial brief within five (5) days from the date of this order. In addition, if the initial brief is not served within the time provided for in this order, the above-styled case may be subject to dismissal or the court in its discretion may impose other sanctions.
|
|
| Docket Date |
2020-03-06
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice ~ (19-3468) OF INABILITY TO TRANSMIT RECORD.
|
| On Behalf Of |
Clerk - Palm Beach
|
|
| Docket Date |
2020-03-03
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 45 DAYS TO 4/15/20.
|
|
| Docket Date |
2020-03-03
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
| Description |
Notice of Agreed Extension - Initial Brief
|
| On Behalf Of |
LENMAR REALTY, LLC
|
|
| Docket Date |
2020-02-10
|
| Type |
Order
|
| Subtype |
Order on Motion to Consolidate
|
| Description |
ORD-Granting Consolidation ~ ORDERED that, upon consideration of appellant's February 4, 2020 response, this court's January 24, 2020 orders to show cause are discharged. Further, ORDERED that appellant's February 3, 2020 motion to consolidate is granted, and case numbers 4D19-3467, 4D19-3468, and 4D19-3605 are consolidated for all purposes and are to proceed under the time schedule for a direct appeal and according to the requirements of Florida Rule of Appellate Procedure 9.110, and shall proceed under case number 4D19-3467. Appellant shall file a single initial brief addressing the issues of all three case numbers.
|
|
| Docket Date |
2019-11-12
|
| Type |
Order
|
| Subtype |
Amended/Additional Filing(s) Needed
|
| Description |
Appellant to File Order Appealed-Civil ~ ORDERED that appellant is directed to file, within fifteen (15) days from the date of this order, a conformed copy of the order being appealed. See Florida Rule of Appellate Procedure 9.110(d). This copy must contain a legible stamp from the clerk of the lower tribunal, showing the date and time the order being appealed was filed in that office.
|
|
|
|
LENMAR REALTY, LLC VS RELIABLE POWER SYSTEMS, INC.
|
4D2019-3468
|
2019-11-08
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County
502017CA010348
|
Parties
| Name |
LENMAR REALTY, LLC
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Ronald E. D'Anna
|
|
| Name |
RELIABLE POWER SYSTEMS, INC.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Rebecca Mercier Vargas, Edward F. Holodak, Jane Kreusler-Walsh, Stephanie L. Serafin
|
|
| Name |
Hon. Edward L. Artau
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Palm Beach
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2020-06-24
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Reliable Power Systems, Inc.
|
|
| Docket Date |
9999-06-24
|
| Type |
Misc. Events
|
| Subtype |
Miscellaneous Docket Entry
|
| Description |
Miscellaneous Entry/Document ~ **NO AR- SEE 12/18/20 E-MAIL**
|
|
| Docket Date |
2021-06-18
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2021-05-28
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2021-05-28
|
| Type |
Order
|
| Subtype |
Order on Motion for Rehearing
|
| Description |
ORD-Denying Rehearing ~ ORDERED that appellees’ May 6, 2021 motion for rehearing is denied. Further,ORDERED that appellant’s May 7, 2021 motion for rehearing is denied.
|
|
| Docket Date |
2021-05-26
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response
|
| On Behalf Of |
Reliable Power Systems, Inc.
|
|
| Docket Date |
2021-05-24
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to File Response
|
| Description |
Grant EOT to file Response ~ ORDERED that appellees’ May 21, 2021 motion for extension is granted, and the time for filing a response to the motion for rehearing is extended seven (7) days from the date of this order.
|
|
| Docket Date |
2021-05-21
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to File Response
|
| Description |
Motion for Extension of Time to File Response
|
| On Behalf Of |
Reliable Power Systems, Inc.
|
|
| Docket Date |
2021-05-07
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion for Rehearing
|
| Description |
Motion For Rehearing
|
| On Behalf Of |
LENMAR REALTY, LLC
|
|
| Docket Date |
2021-05-06
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion for Rehearing
|
| Description |
Motion For Rehearing
|
| On Behalf Of |
Reliable Power Systems, Inc.
|
|
| Docket Date |
2021-04-30
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Grant Extension of Time ~ ORDERED that appellant’s April 29, 2021 motion for extension is granted and the time for filing post-opinion motions is extended seven (7) days from the date of this order.
|
|
| Docket Date |
2021-04-29
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time
|
| Description |
Motion for Extension of Time
|
| On Behalf Of |
LENMAR REALTY, LLC
|
|
| Docket Date |
2021-04-29
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Grant Extension of Time ~ ORDERED that appellees’ April 28, 2021 motion for extension is granted and the time for filing post-opinion motions is extended seven (7) days from the date of this order.
|
|
| Docket Date |
2021-04-28
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time
|
| Description |
Motion for Extension of Time
|
| On Behalf Of |
Reliable Power Systems, Inc.
|
|
| Docket Date |
2021-04-14
|
| Type |
Order
|
| Subtype |
Order on Motion For Attorney's Fees
|
| Description |
Order Granting Attorney Fees-Unconditionally ~ ORDERED that appellant’s October 19, 2020 motion for attorney's fees is granted. On remand, the trial court shall set 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 the motion for costs filed by Ronald E. D'anna is denied without prejudice to seek costs in the trial court.
|
|
| Docket Date |
2021-04-14
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed in Part/Reversed in Part
|
| Description |
Affirmed in Part/Reversed in Part - Authored Opinion
|
|
| Docket Date |
2020-11-18
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant's Reply Brief
|
| On Behalf Of |
LENMAR REALTY, LLC
|
|
| Docket Date |
2020-11-18
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
|
| On Behalf Of |
Reliable Power Systems, Inc.
|
|
| Docket Date |
2020-11-16
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ TO MOTION FOR ATTY. FEES.
|
| On Behalf Of |
Reliable Power Systems, Inc.
|
|
| Docket Date |
2020-11-04
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to File Response
|
| Description |
Grant EOT to file Response ~ ORDERED that appellees’ November 2, 2020 motion for extension is granted, and the time for filing a response to the motion for attorney fees is extended ten (10) days from the date of this order.
|
|
| Docket Date |
2020-11-02
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to File Response
|
| Description |
Motion for Extension of Time to File Response ~ TO APPELLANT'S MOTION FOR ATTORNEY'S FEES
|
| On Behalf Of |
Reliable Power Systems, Inc.
|
|
| Docket Date |
2020-10-26
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Reply Brief
|
| Description |
ORD-Reply Brief to be Served ~ ORDERED that appellant's October 20, 2020 motion for extension of time is granted, and appellant shall serve the reply brief on or before November 18, 2020. In addition, if the reply brief is served after the time provided for in this order, it will be subject to being stricken, or the court in its discretion may impose other sanctions. Appellant is advised that no further extensions will be granted absent a detailed explanation for why the reply brief has not yet been filed and a showing of extraordinary circumstances where, if a further extension is not granted, irreparable and material harm will result to the litigant. Attorney workload does not constitute extraordinary circumstances which justifies a further extension of time.
|
|
| Docket Date |
2020-10-20
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Reply Brief
|
| Description |
Mot. for Extension of Time to File Reply Brief
|
| On Behalf Of |
Reliable Power Systems, Inc.
|
|
| Docket Date |
2020-10-19
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees ~ **RESPONSE FILED**
|
| On Behalf Of |
LENMAR REALTY, LLC
|
|
| Docket Date |
2020-09-18
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief
|
| On Behalf Of |
Reliable Power Systems, Inc.
|
|
| Docket Date |
2020-08-21
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
| Description |
Notice of Agreed Extension - Answer Brief
|
| On Behalf Of |
Reliable Power Systems, Inc.
|
|
| Docket Date |
2020-07-21
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
| Description |
Notice of Agreed Extension - Answer Brief
|
| On Behalf Of |
Reliable Power Systems, Inc.
|
|
| Docket Date |
2020-06-23
|
| Type |
Order
|
| Subtype |
Order on Miscellaneous Motion
|
| Description |
Grant Miscellaneous Motion ~ Upon consideration of appellees' June 19, 2020 "motion in opposition," it is ORDERED that appellant's June 16, 2020 "motion to accept filing of consolidated initial brief" is granted, and the consolidated initial brief is deemed timely filed as of the date of this order. Further, Upon consideration of appellant's June 19, 2020 response, it is ORDERED that appellees' June 19, 2020 motion to dismiss is denied as moot.
|
|
| Docket Date |
2020-06-23
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
LENMAR REALTY, LLC
|
|
| Docket Date |
2020-06-19
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ TO MOTION TO DISMISS.
|
| On Behalf Of |
LENMAR REALTY, LLC
|
|
| Docket Date |
2020-06-19
|
| Type |
Motions Other
|
| Subtype |
Motion To Dismiss
|
| Description |
Motion To Dismiss
|
| On Behalf Of |
Reliable Power Systems, Inc.
|
|
| Docket Date |
2020-06-16
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
Miscellaneous Motion ~ TOACCEPT FILING OF CONSOLIDATED INITIAL BRIEF
|
| On Behalf Of |
LENMAR REALTY, LLC
|
|
| Docket Date |
2020-06-03
|
| Type |
Order
|
| Subtype |
Show Cause
|
| 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 June 15, 2020, why the above-styled case should not be dismissed for lack of timely prosecution, in that 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.
|
|
| Docket Date |
2020-05-21
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
Order Granting EOT for Initial Brief ~ ORDERED that appellant's May 20, 2020 amended motion for extension of time is granted, and appellant shall serve the initial brief within five (5) days from the date of this order. In addition, if the initial brief is not served within the time provided for in this order, the above-styled case may be subject to dismissal or the court in its discretion may impose other sanctions.
|
|
| Docket Date |
2020-05-20
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Initial Brief
|
| Description |
Mot. for Extension of time to file Initial Brief ~ AMENDED.
|
| On Behalf Of |
LENMAR REALTY, LLC
|
|
| Docket Date |
2020-05-19
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Initial Brief
|
| Description |
Mot. for Extension of time to file Initial Brief ~ **AMENDED MOTION FILED**
|
| On Behalf Of |
LENMAR REALTY, LLC
|
|
| Docket Date |
2020-05-05
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Initial Brief
|
| Description |
Mot. for Extension of time to file Initial Brief
|
| On Behalf Of |
LENMAR REALTY, LLC
|
|
| Docket Date |
2020-05-05
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
Order Granting EOT for Initial Brief ~ ORDERED that appellant's May 5, 2020 motion for extension of time is granted, and appellant shall serve the initial brief within fourteen (14) days from the date of this order. In addition, if the initial brief is not served within the time provided for in this order, the above-styled case may be subject to dismissal or the court in its discretion may impose other sanctions.
|
|
| Docket Date |
2020-04-24
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
| Description |
Notice of Agreed Extension - Initial Brief
|
| On Behalf Of |
LENMAR REALTY, LLC
|
|
| Docket Date |
2020-04-14
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
| Description |
Notice of Agreed Extension - Initial Brief
|
| On Behalf Of |
LENMAR REALTY, LLC
|
|
| Docket Date |
2020-04-13
|
| Type |
Record
|
| Subtype |
Supplemental Record
|
| Description |
Supplemental Records ~ (40 PAGES)
|
| On Behalf Of |
Clerk - Palm Beach
|
|
| Docket Date |
2020-04-03
|
| Type |
Order
|
| Subtype |
Order on Motion to Supplement Record & EOT/Toll Briefing
|
| Description |
Order Granting Motion to Supplement the Record ~ ORDERED that appellant's April 2, 2020 motion to supplement the record is granted. The material requested in the motion shall be included in the record on appeal. The clerk of the lower tribunal shall prepare and file the supplemental material in this court within ten (10) days from the date of this order. Appellant shall monitor the supplementation process.
|
|
| Docket Date |
2020-04-02
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion to Supplement Record
|
| Description |
Motion To File Supplemental Record
|
| On Behalf Of |
LENMAR REALTY, LLC
|
|
| Docket Date |
2020-03-31
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ 4D19-3468 (88 PAGES)
|
| On Behalf Of |
Clerk - Palm Beach
|
|
| Docket Date |
2020-03-30
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response
|
| On Behalf Of |
LENMAR REALTY, LLC
|
|
| Docket Date |
2020-03-30
|
| Type |
Record
|
| Subtype |
Appendix to Response
|
| Description |
Appendix to Response
|
| On Behalf Of |
LENMAR REALTY, LLC
|
|
| Docket Date |
2020-03-18
|
| Type |
Order
|
| Subtype |
Order to File Status Report
|
| Description |
Order for Status Report Re: ROA ~ Upon consideration of the Notice of Inability to Transmit Record on Appeal filed by the clerk of the lower tribunal on March 6, 20202, appellant is ordered to file a report, within ten (10) days from the date of this order, as to the status of the payment for and preparation of the record on appeal.
|
|
| Docket Date |
2020-03-06
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice ~ (19-3468) OF INABILITY TO TRANSMIT RECORD.
|
| On Behalf Of |
Clerk - Palm Beach
|
|
| Docket Date |
2020-03-03
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
| Description |
Notice of Agreed Extension - Initial Brief
|
| On Behalf Of |
LENMAR REALTY, LLC
|
|
| Docket Date |
2020-02-13
|
| Type |
Record
|
| Subtype |
Transcript
|
| Description |
Transcript Received ~ (460 PAGES)
|
| On Behalf Of |
Clerk - Palm Beach
|
|
| Docket Date |
2020-02-03
|
| Type |
Motions Other
|
| Subtype |
Motion To Consolidate
|
| Description |
Motion To Consolidate
|
| On Behalf Of |
LENMAR REALTY, LLC
|
|
| Docket Date |
2020-02-12
|
| Type |
Order
|
| Subtype |
Order on Motion for Rehearing En Banc
|
| Description |
Order Denying Rehearing En Banc ~ ORDERED that appellee's December 30, 2019 "motion for rehearing, issuance of a written opinion and for rehearing en banc as to order dated December 18, 2019 sua sponte dismissing the notice of cross-appeal as untimely" filed in 4D19-3605, is denied. The reservation to release funds placed in the court registry to substantiate a claim of performance of rent that has been disposed of does not cause the October 9, 2019 amended final judgment to be nonfinal and nonappealable.
|
|
| Docket Date |
2020-02-10
|
| Type |
Order
|
| Subtype |
Order on Motion to Consolidate
|
| Description |
ORD-Granting Consolidation ~ ORDERED that, upon consideration of appellant's February 4, 2020 response, this court's January 24, 2020 orders to show cause are discharged. Further, ORDERED that appellant's February 3, 2020 motion to consolidate is granted, and case numbers 4D19-3467, 4D19-3468, and 4D19-3605 are consolidated for all purposes and are to proceed under the time schedule for a direct appeal and according to the requirements of Florida Rule of Appellate Procedure 9.110, and shall proceed under case number 4D19-3467. Appellant shall file a single initial brief addressing the issues of all three case numbers.
|
|
| Docket Date |
2020-02-03
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
| Description |
Notice of Agreed Extension - Initial Brief
|
| On Behalf Of |
LENMAR REALTY, LLC
|
|
| Docket Date |
2020-02-03
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ TO JANUARY 24, 2020 ORDER TO SHOWCAUSE
|
| On Behalf Of |
LENMAR REALTY, LLC
|
|
| Docket Date |
2020-02-03
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ TO 2/28/20.
|
|
| Docket Date |
2020-01-24
|
| Type |
Order
|
| Subtype |
Show Cause
|
| Description |
Show Cause Lack of Prosecution, Initial Brief ~ **DISCHARGED**ORDERED that appellant in the above-styled case is directed to show cause in writing, if any there be, on or before February 3, 2020, why the above-styled case should not be dismissed for lack of timely prosecution, in that 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.
|
|
| Docket Date |
2019-11-21
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid Through Portal
|
| On Behalf Of |
LENMAR REALTY, LLC
|
|
| Docket Date |
2019-11-21
|
| Type |
Notice
|
| Subtype |
Notice of Filing
|
| Description |
Notice of Filing ~ ORDER APPEALED.
|
| On Behalf Of |
LENMAR REALTY, LLC
|
|
| Docket Date |
2019-11-12
|
| Type |
Order
|
| Subtype |
Amended/Additional Filing(s) Needed
|
| Description |
Appellant to File Order Appealed-Civil ~ ORDERED that appellant is directed to file, within fifteen (15) days from the date of this order, a conformed copy of the order being appealed. See Florida Rule of Appellate Procedure 9.110(d). This copy must contain a legible stamp from the clerk of the lower tribunal, showing the date and time the order being appealed was filed in that office.
|
|
| Docket Date |
2019-11-12
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2019-11-08
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
LENMAR REALTY, LLC
|
|
| Docket Date |
2019-11-08
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
|
