|
ROBERTO TORRES and TAR INVESTMENTS HOLDINGS, LLC., Appellant(s) v. JP III HOLDINGS, LLC, Appellee(s).
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4D2024-1366
|
2024-05-29
|
Open
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
CACE21007496
|
Parties
| Name |
ROBERTO TORRES, INC.
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Byron Brandon Acosta, Danay Hernandez
|
|
| Name |
JP III HOLDINGS LLC
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Maria Lucia Larrabure, Alejandro Brito
|
|
| Name |
TAR Investment Holdings, LLC
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Jason Gordon
|
|
| Name |
Hon. Jeffrey Richard Levenson
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Broward Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2024-11-07
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
ORDERED that Appellants' October 30, 2024 motion for extension of time is granted, and Appellants shall serve the initial brief within thirty (30) 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.
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| View |
View File
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| Docket Date |
2024-10-31
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Initial Brief
|
| Description |
Motion for Extension of Time to Serve Initial Brief
|
|
| Docket Date |
2024-09-30
|
| Type |
Order
|
| Subtype |
Order on Motion for Reinstatement
|
| Description |
ORDERED that Appellant's September 3, 2024 amended motion for reinstatement is granted, and the above-styled appeal is reinstated as to TAR Investment Holdings, LLC. Further, ORDERED that Appellants' September 13, 2024 motion for extension of time is granted, and Appellants shall serve the initial brief within thirty (30) 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.
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| View |
View File
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|
| Docket Date |
2024-09-24
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response in Opposition to Motion for Extension of Time Filed by Robert Torres, Dispute of Good Faith Certification of Motion For Extension of Time, and Response in Opposition to Motion for Reinstatement
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| On Behalf Of |
JP III Holdings, LLC
|
|
| Docket Date |
2024-09-24
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
ORDERED that Appellee's September 23, 2024 response 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). You are notified of the requirement to serve the Appellee with a copy of everything you file with this court and to indicate in the certificate of service that you served the Appellee. Appellant may re-file the document with a proper certificate of service which indicates service on the Appellee within fifteen (15) days from the date of this order.
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| View |
View File
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|
| Docket Date |
2024-09-14
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Initial Brief
|
| Description |
Motion for Extension of Time to Serve Initial Brief
|
|
| Docket Date |
2024-09-03
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion For Reinstatement
|
| Description |
Motion for Reinstatement
|
|
| Docket Date |
2024-09-03
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
|
| Docket Date |
2024-08-30
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
ORDERED sua sponte that the above-styled appeal is dismissed as to TAR Investment Holdings, LLC for failure to comply with this court's August 13, 2024 order.
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| View |
View File
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|
| Docket Date |
2024-08-16
|
| Type |
Recognizing Agreed Extension
|
| Subtype |
Initial Brief
|
| Description |
30 Days to September 13, 2024.
|
|
| Docket Date |
2024-08-16
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
| Description |
Notice of Agreed Extension of Time - Initial Brief
|
|
| Docket Date |
2024-08-14
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Roberto Torres
|
|
| Docket Date |
2024-08-13
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
ORDERED that, upon consideration of Appellee's August 9, 2024 responses, Appellant's August 9, 2024 amended motion for extension of time to obtain counsel is granted, and the time for an attorney licensed to practice law to enter an appearance on behalf of TAR Investment Holdings, LLC is extended for ten (10) days from the date of this order. In addition, if counsel has not entered an appearance within the time provided for in this order, the appeal on behalf of TAR Investment Holdings, LLC shall be dismissed.
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| View |
View File
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| Docket Date |
2024-08-09
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| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE IN OPPOSITION TO MOTION FOR EXTENSION OF TIME
|
|
| Docket Date |
2024-08-09
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time
|
| Description |
**Amended** Motion for Extension of Time
|
|
| Docket Date |
2024-08-08
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time
|
| Description |
Response and Motion for Extension of Time
|
|
| Docket Date |
2024-08-01
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| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Record on Appeal - 2,254 pages
|
| On Behalf Of |
Broward Clerk
|
|
| Docket Date |
2024-07-29
|
| Type |
Order
|
| Subtype |
Order for Party to File Status Report on Record
|
| Description |
Upon consideration of the Notice of Inability to Transmit the Record filed by the clerk of the lower tribunal on July 19, 2024, it is ORDERED that Appellant shall file a report, within five (5) days from the date of this order, as to the status of the payment for the record on appeal.
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| View |
View File
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|
| Docket Date |
2024-07-19
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| Type |
Notice
|
| Subtype |
Notice of Inability
|
| Description |
Notice of Inability to Transmit the Record
|
| On Behalf Of |
Broward Clerk
|
|
| Docket Date |
2024-07-15
|
| Type |
Misc. Events
|
| Subtype |
Miscellaneous Docket Entry
|
| Description |
Copy of this Court's July 12, 2024 Order
|
|
| Docket Date |
2024-07-15
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response to this Court's July 12, 2024 Order
|
|
| Docket Date |
2024-05-29
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| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal
|
|
| Docket Date |
2024-07-12
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| Type |
Order
|
| Subtype |
Order to File Response
|
| Description |
ORDERED that Appellant is directed to respond, within ten (10) days from the date of this order, to Appellee's June 18, 2024 motion to dismiss. Further, ORDERED that Appellant 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 or other sanctions imposed for failure to comply with this court's May 30, 2024 order requiring Appellant file with this court a conformed copy of the May 1, 2024 final judgment from which appellant seeks plenary review in this appeal. If the order is filed within this ten (10) day period, this order to show cause will be considered automatically discharged without further order. Further, Appellant is cautioned that frivolous or successive filings may result in sanctions, including a prohibition on pro se filing in this Court. See Johnson v. Bank of New York Mellon Tr. Co., 136 So. 3d 507, 508 (Fla. 2014).
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| View |
View File
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| Docket Date |
2024-06-28
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| Type |
Notice
|
| Subtype |
Notice of Filing
|
| Description |
Notice of Filing Urgent Supporting Evidence (6)
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| On Behalf Of |
Roberto Torres
|
|
| Docket Date |
2024-06-24
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| Type |
Notice
|
| Subtype |
Notice of Filing
|
| Description |
Notice of Filing Urgent and Supporting Evidence (5)
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| On Behalf Of |
Roberto Torres
|
|
| Docket Date |
2024-06-18
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| Type |
Motions Other
|
| Subtype |
Motion To Dismiss
|
| Description |
Motion to Dismiss
|
|
| Docket Date |
2024-06-18
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| Type |
Order
|
| Subtype |
Order on Motion to Stay
|
| Description |
Order on Motion to Stay
|
| View |
View File
|
|
| Docket Date |
2024-06-12
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| Type |
Notice
|
| Subtype |
Notice of Filing
|
| Description |
Notice of Filing Urgent Supporting Evidence (3)
|
| On Behalf Of |
Roberto Torres
|
|
| Docket Date |
2024-06-11
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| Type |
Response
|
| Subtype |
Response
|
| Description |
Response in Opposition to Appellant's Motion to Stay
|
|
| Docket Date |
2024-06-11
|
| Type |
Notice
|
| Subtype |
Notice of Filing
|
| Description |
Notice of Filing Urgent Supporting Evidence (2)
|
| On Behalf Of |
Roberto Torres
|
|
| Docket Date |
2024-06-07
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| Type |
Notice
|
| Subtype |
Notice of Filing
|
| Description |
Notice of Filing Urgent Supporting Evidence (1)
|
| On Behalf Of |
Roberto Torres
|
|
| Docket Date |
2024-06-03
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| Type |
Motions Other
|
| Subtype |
Motion To Stay
|
| Description |
Motion to Stay
|
|
| Docket Date |
2024-06-03
|
| Type |
Miscellaneous Document
|
| Subtype |
Pay Case Filing Fee-300
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| Description |
Case Filing Fee Paid -300
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| On Behalf Of |
Roberto Torres
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| View |
View File
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|
| Docket Date |
2024-05-30
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| Type |
Order
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| Subtype |
Amended/Additional Filing(s) Needed
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| Description |
Amended/Additional Filing(s) Needed
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| View |
View File
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|
| Docket Date |
2024-05-29
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| Type |
Letter
|
| Subtype |
Acknowledgment Letter
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| Description |
Acknowledgment Letter
|
| View |
View File
|
|
| Docket Date |
2024-05-29
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| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
Order on Filing Fee
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| View |
View File
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|
| Docket Date |
2025-01-07
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| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
ORDERED that appellant's December 26, 2024 motion for extension of time is granted, and appellant shall file a response to the appellee's December 13, 2024 renewed motion to dismiss within thirty (30) days from the date of this order.
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| View |
View File
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|
| Docket Date |
2024-12-26
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| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to File Response
|
| Description |
Motion for Extension of Time to File Response to Renewed Motion to Dismiss
|
|
| Docket Date |
2024-12-13
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| Type |
Motions Other
|
| Subtype |
Motion To Dismiss
|
| Description |
Renewed Motion To Dismiss Appeal
|
|
| Docket Date |
2024-12-12
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| Type |
Order
|
| Subtype |
Order on Request for Emergency Treatment
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| Description |
ORDERED that the appellant's December 2, 2024 request for emergency treatment is denied. The court will handle the filing in the normal course of business. No motion for rehearing as to this order will be entertained.
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| View |
View File
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| Docket Date |
2024-12-10
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| Type |
Brief
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| Subtype |
Initial Brief
|
| Description |
Initial Brief
|
| On Behalf Of |
Roberto Torres
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| View |
View File
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|
| Docket Date |
2024-12-05
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| Type |
Response
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| Subtype |
Response
|
| Description |
Response to Emergency Motion to Supplement
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| On Behalf Of |
JP III Holdings, LLC
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|
| Docket Date |
2024-12-03
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| Type |
Motions Relating to Records
|
| Subtype |
Motion to Supplement Record
|
| Description |
Emergency Motion to Supplement Record
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|
| Docket Date |
2024-12-03
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| Type |
Motions Other
|
| Subtype |
Request for Emergency Treatment
|
| Description |
Request for Emergency Treatment
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| On Behalf Of |
Roberto Torres
|
|
| Docket Date |
2024-08-09
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| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
ORDERED that Appellee's August 9, 2024 response in opposition 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). You are notified of the requirement to serve the Appellee with a copy of everything you file with this court and to indicate in the certificate of service that you served the Appellee. Appellant may re-file the document with a proper certificate of service which indicates service on the Appellee within fifteen (15) days from the date of this order.
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| View |
View File
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| Docket Date |
2024-07-18
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| Type |
Order
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| Subtype |
Order
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| Description |
Upon consideration of appellant's July 15, 2024 response, it is ORDERED that appellee JP III Holdings, LLC's June 18, 2024 motion to dismiss is reserved. Further, a corporation may not appear unrepresented by counsel in a Florida court. See Telepower Communication, Inc. v. LTI Vehicle Leasing Corp., 658 So. 2d 1026 (Fla. 4th DCA 1995); Szteinbaum v. Kaes Inversiones y Valores, C.A., 476 So. 2d 247 (Fla. 3d DCA 1985); Parrot Cove Marina, LLC v. Duncan Seawall Dock & Boatlift, Inc., 978 So. 2d 811, 813 (Fla. 1st DCA 2008). Accordingly, it is ORDERED that the appeal on behalf of TAR Investment Holdings, LLC shall be dismissed unless within twenty (20) days from the date of this order an attorney licensed to practice law enters an appearance on its behalf. Further, ORDERED that this case is stayed pending the above.
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| View |
View File
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ROBERTO TORRES, Appellant(s) v. JP III HOLDINGS, LLC., et al., Appellee(s).
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4D2024-0577
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2024-03-04
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Closed
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
CACE 20-15772
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Parties
| Name |
ROBERTO TORRES, INC.
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
JP III HOLDINGS LLC
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Jesmany Jomarron
|
|
| Name |
KMR REALTY, LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Carlos Augusto Rodriguez
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Broward Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2024-04-22
|
| Type |
Miscellaneous Document
|
| Subtype |
Pay Case Filing Fee-300
|
| Description |
Pay Case Filing Fee-300
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| View |
View File
|
|
| Docket Date |
2024-04-11
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| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
Order Striking Filing
|
| View |
View File
|
|
| Docket Date |
2024-04-09
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| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal
|
|
| Docket Date |
2024-03-27
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
ORDERED sua sponte that the above-styled appeal is dismissed for non-payment of the $300.00 filing fee.
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| View |
View File
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|
| Docket Date |
2024-03-27
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| Type |
Notice
|
| Subtype |
Notice of Filing
|
| Description |
Notice of Filing--Order Appealed
|
|
| Docket Date |
2024-03-26
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| Type |
Order
|
| Subtype |
Amended/Additional Filing(s) Needed
|
| Description |
Amended/Additional Filing(s) Needed
|
| View |
View File
|
|
| Docket Date |
2024-03-06
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
| View |
View File
|
|
| Docket Date |
2024-03-06
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| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
Order on Filing Fee
|
| View |
View File
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|
| Docket Date |
2024-03-04
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal
|
|
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BRF GROUP CONTRACTORS, INC. VS JP III HOLDINGS, LLC
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4D2021-2494
|
2021-08-24
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
CACE20015772 (14)
|
Parties
| Name |
BRF GROUP CONTRACTORS, INC
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Donald J. Thomas, Georgia T. Garnecki
|
|
| Name |
JP III HOLDINGS LLC
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Maria Larrabure
|
|
| Name |
Hon. Carlos A. Rodriguez
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Broward
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2021-12-06
|
| Type |
Order
|
| Subtype |
Order on Motion For Attorney's Fees
|
| Description |
Deny Attorney's Fees ~ ORDERED that appellee's November 9, 2021 motion for attorney's fees is denied.
|
|
| Docket Date |
2021-11-09
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
|
| On Behalf Of |
JP III Holdings, LLC
|
|
| Docket Date |
2021-11-01
|
| Type |
Order
|
| Subtype |
Order on Motion for Reinstatement
|
| Description |
Deny Motion to Reinstate ~ Upon consideration of appellee’s October 22, 2021 response, appellant’s October 22, 2021 motion for reinstatement is denied as a duplicative appeal of 4D21-1949.
|
|
| Docket Date |
2021-10-22
|
| Type |
Misc. Events
|
| Subtype |
Miscellaneous Docket Entry
|
| Description |
Miscellaneous Entry/Document ~ Invoice voided
|
|
| Docket Date |
2021-10-22
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ TO MOTION FOR REINSTATEMENT
|
| On Behalf Of |
JP III Holdings, LLC
|
|
| Docket Date |
2021-10-22
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion For Reinstatement
|
| Description |
Motion For Reinstatement
|
| On Behalf Of |
BRF Group Contractors, Inc.
|
|
| Docket Date |
2021-10-21
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid Through Portal
|
| On Behalf Of |
BRF Group Contractors, Inc.
|
|
| Docket Date |
2021-10-21
|
| Type |
Letter
|
| Subtype |
Fee Letter
|
| Description |
Fee Letter
|
|
| Docket Date |
2021-09-09
|
| 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 non-payment of the $300.00 filing fee.
|
|
| Docket Date |
2021-09-09
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Clerk
|
|
| Docket Date |
2021-08-24
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2021-08-24
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2021-08-24
|
| 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, 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 |
2021-08-24
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
BRF Group Contractors, Inc.
|
|
|
|
BRF GROUP CONTRACTORS, INC. VS JP III HOLDINGS, LLC
|
4D2021-1949
|
2021-06-22
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
CACE20015772 (14)
|
Parties
| Name |
BRF GROUP CONTRACTORS, INC
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Georgia T. Garnecki, Donald J. Thomas
|
|
| Name |
JP III HOLDINGS LLC
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Donna Greenspan Solomon, Maria Larrabure, Matthew Quattrochi, Mia M. Singh, Joseph Taormina, Sarah Cabarcas-Osman
|
|
| Name |
Hon. Carlos A. Rodriguez
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Broward
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2022-02-15
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
Stricken - No or Noncompliant Cert. of Service ~ ORDERED that appellee’s February 14, 2022 motion for attorney’s fees is stricken as not in compliance with Florida Rule of Appellate Procedure 9.420(d) in that 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 |
2022-02-14
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees ~ **Stricken**
|
| On Behalf Of |
JP III Holdings, LLC
|
|
| Docket Date |
2022-01-25
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Clerk
|
|
| Docket Date |
2022-01-25
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
ORD-Sua Sponte Dismissed-Failure to Comply ~ ORDERED sua sponte that the above-styled appeal is dismissed for failure to comply with this court’s December 3, 2021 order.
|
|
| Docket Date |
2021-12-03
|
| Type |
Order
|
| Subtype |
Order Requiring Corporation/Entity to Obtain Counsel
|
| Description |
ORD-Corporation must be Represented by Atty-w/d ~ ORDERED that the November 12, 2021 motion of Donna Greenspan Solomon, Esq., and Solomon Appeals, Mediation & Arbitration for leave to withdraw as counsel for BRF Group Contractors, Inc. is granted. A corporation may not appear unrepresented by counsel in a Florida court. See Parrot Cove Marina, LLC v. Duncan Seawall Dock & Boatlift, Inc., 978 So. 2d 811, 813 (Fla. 2d DCA 2008); Szteinbaum v. Kaes Inversiones y Valores, C.A., 476 So. 2d 247 (Fla. 3d DCA 1985); Telepower Commc'ns, Inc. v. LTI Vehicle Leasing Corp., 658 So. 2d 1026 (Fla. 4th DCA 1995). Accordingly, it isORDERED that the appeal on behalf of BRF Group Contractors, Inc. shall be dismissed unless within twenty (20) days from the date of this order an attorney licensed to practice law enters an appearance on its behalf. Further, ORDERED that this case is stayed pending the above. Further, ORDERED that appellant’s November 29, 2021 motion for extension of time to file initial brief is denied as moot.
|
|
| Docket Date |
2021-11-29
|
| 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 |
JP III Holdings, LLC
|
|
| Docket Date |
2021-11-12
|
| Type |
Motions Relating to Parties and Counsel
|
| Subtype |
Motion To Withdraw as Counsel
|
| Description |
Motion To Withdraw as Counsel
|
| On Behalf Of |
JP III Holdings, LLC
|
|
| Docket Date |
2021-10-25
|
| Type |
Order
|
| Subtype |
Order on Motion to Withdraw Filing
|
| Description |
ORD-To Withdraw Pleadings ~ ORDERED that appellee’s October 22, 2021 motion to withdraw the motion to dismiss is granted, and the motion to dismiss filed on October 22, 2021, is considered withdrawn.
|
|
| Docket Date |
2021-10-22
|
| Type |
Motions Other
|
| Subtype |
Motion to Withdraw Filing
|
| Description |
Motion To Withdraw Pleadings ~ NOTICE OF WITHDRAWAL OF MOTION
|
| On Behalf Of |
JP III Holdings, LLC
|
|
| Docket Date |
2021-09-20
|
| Type |
Order
|
| Subtype |
Order on Motion for Rehearing
|
| Description |
ORD-Granting Rehearing ~ ORDERED that appellant’s August 11, 2021 motion for rehearing is granted. Further, ORDERED that this court’s August 10, 2021 order is vacated. The appeal is reinstated, and appellate time periods shall run from the date of this order. Further, ORDERED that appellee’s August 13, 2021 motion for attorney’s fees is denied as moot.
|
|
| Docket Date |
2021-08-13
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
|
| On Behalf Of |
JP III Holdings, LLC
|
|
| Docket Date |
2021-08-11
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion for Rehearing
|
| Description |
Motion For Rehearing
|
| On Behalf Of |
JP III Holdings, LLC
|
|
| Docket Date |
2021-08-10
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Judge ~ (REINSTATED 9/20/21)
|
|
| Docket Date |
2021-08-10
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
ORD-Sua Sponte Dismissed for Lack of Jurisdiction ~ **VACATED SEE 9/20/21 ORDER**ORDERED that, upon consideration of appellant's July 7, 2021 jurisdictional brief and appellee's July 19, 2021 response, this appeal is dismissed for lack of jurisdiction. Fla. R. App. P. 9.030(b)(1)(A), 9.110(a)(1); S.L.T. Warehouse Co. v. Webb, 304 So. 2d 97, 99 (Fla. 1974); Chan v. Brunswick Corp., 388 So. 2d 274, 275 (Fla. 4th DCA 1980).WARNER, DAMOORGIAN and CIKLIN, JJ., concur.
|
|
| Docket Date |
2021-07-19
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ IN OPPOSITION
|
| On Behalf Of |
JP III Holdings, LLC
|
|
| Docket Date |
2021-07-13
|
| Type |
Misc. Events
|
| Subtype |
Affidavit
|
| Description |
Affidavit ~ OF NON-PAYMENT OF APPEAL INVOICE
|
| On Behalf Of |
Clerk - Broward
|
|
| Docket Date |
2021-07-08
|
| Type |
Order
|
| Subtype |
Order on Miscellaneous Motion
|
| Description |
Grant Miscellaneous Motion ~ ORDERED that appellant’s July 7, 2021 motion to accept jurisdictional brief as timely filed is granted. The jurisdictional brief was filed on July 7, 2021.
|
|
| Docket Date |
2021-07-07
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
Miscellaneous Motion ~ TO ACCEPT TIMELY-FILED RESPONSE
|
| On Behalf Of |
JP III Holdings, LLC
|
|
| Docket Date |
2021-07-07
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Brief
|
| On Behalf Of |
JP III Holdings, LLC
|
|
| Docket Date |
2021-07-07
|
| Type |
Brief
|
| Subtype |
Jurisdictional Brief
|
| Description |
Jurisdictional Brief
|
| On Behalf Of |
JP III Holdings, LLC
|
|
| Docket Date |
2021-06-24
|
| 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, 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 May 22, 2021 final judgments are appealable final orders pursuant to Florida Rule of Appellate Procedure 9.110 as paragraph 4 states that a hearing is scheduled for July 15, 2021, to determine whether Quattrochi & Torres, P.A. shall be responsible for sanctions in addition for defendant, BRF Group Contractors, Inc. indicating that further judicial labor remains. See Caufield v. Cantele, 837 So. 2d 371, 375 (Fla. 2002) (finding that a final judgment is one which ends the litigation between the parties and disposes of all issues involved such that no further action by the court will be necessary); S.L.T. Warehouse Co. v. Webb, 304 So. 2d 97, 99 (Fla. 1974) (“Generally, the test employed by the appellate court to determine finality of an order, judgment or decree is whether the order in question constitutes an end to the judicial labor in the cause, and nothing further remains to be done by the court to effectuate a termination of the cause as between the parties directly affected.”). FurtherAppellee may file a response within ten (10) days of service of that statement.
|
|
| Docket Date |
2021-06-23
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid Through Portal
|
| On Behalf Of |
BRF Group Contractors, Inc.
|
|
| Docket Date |
2021-06-22
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
BRF Group Contractors, Inc.
|
|
| Docket Date |
2021-06-22
|
| 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, 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 |
2021-06-22
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2021-06-22
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
|
|
BRF GROUP CONTRACTORS, INC. VS JP III HOLDINGS, LLC
|
4D2021-1067
|
2021-03-16
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
CACE20015772
|
Parties
| Name |
BRF GROUP CONTRACTORS, INC
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Donna Greenspan Solomon
|
|
| Name |
JP III HOLDINGS LLC
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Donald J. Thomas, Georgia T. Garnecki, Maria Larrabure
|
|
| Name |
Clerk - Broward
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2021-05-12
|
| Type |
Order
|
| Subtype |
Order on Motion for Rehearing
|
| Description |
ORD-Denying Rehearing ~ Upon consideration of appellee's May 5, 2021 response, it is ORDERED that appellant's April 20, 2021 motion for rehearing is denied.
|
|
| Docket Date |
2021-05-05
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response
|
| On Behalf Of |
JP III Holdings, LLC
|
|
| Docket Date |
2021-04-20
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix ~ TO MOTION FOR REHEARING.
|
| On Behalf Of |
BRF Group Contractors, Inc.
|
|
| Docket Date |
2021-04-20
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion for Rehearing
|
| Description |
Motion For Rehearing
|
| On Behalf Of |
BRF Group Contractors, Inc.
|
|
| Docket Date |
2021-04-05
|
| Type |
Misc. Events
|
| Subtype |
Affidavit
|
| Description |
Affidavit ~ OF NON-PAYMENT OF APPEAL INVOICE
|
| On Behalf Of |
Clerk - Broward
|
|
| Docket Date |
2021-04-05
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Judge
|
|
| Docket Date |
2021-04-05
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
ORD-Sua Sponte Dismissed as Untimely ~ Upon consideration of appellant's March 29, 2021 response and appellee's March 29, 2021 response, it is ORDERED that the above-styled appeal is dismissed as untimely filed. The circuit court's December 8, 2020 "order denying motion to stay and setting appellate bond" effectively denied appellant's August 13, 2020 “motion for reconsideration and motion to vacate or set aside default final judgment” filed in the county court.MAY, GERBER and KUNTZ, JJ., concur.
|
|
| Docket Date |
2021-03-29
|
| Type |
Notice
|
| Subtype |
Notice of Related Case or Issue
|
| Description |
Notice of Similar Case Pending ~ AMENDED.
|
| On Behalf Of |
BRF Group Contractors, Inc.
|
|
| Docket Date |
2021-03-29
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response
|
| On Behalf Of |
JP III Holdings, LLC
|
|
| Docket Date |
2021-03-29
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Miscellaneous Order ~ ORDERED that the parties are directed, within ten (10) days from the date of this order, to advise this court as to whether appellant’s August 13, 2020 “motion for reconsideration and motion to vacate or set aside default final judgment” directed at the July 29, 2020 “default final judgment for eviction” in county court case number COCE20-004839 remains pending.
|
|
| Docket Date |
2021-03-17
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid Through Portal
|
| On Behalf Of |
BRF Group Contractors, Inc.
|
|
| Docket Date |
2021-03-17
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2021-03-17
|
| 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 |
2021-03-16
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2021-03-16
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
BRF Group Contractors, Inc.
|
|
|
|
BRF GROUP CONTRACTORS, INC. VS JP III HOLDINGS, LLC
|
4D2021-0939
|
2021-03-01
|
Closed
|
|
| Classification |
Original Proceedings - Circuit Civil - Prohibition
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
CACE20015772
|
Parties
| Name |
BRF GROUP CONTRACTORS, INC
|
| Role |
Petitioner
|
| Status |
Active
|
| Representations |
Donna Greenspan Solomon
|
|
| Name |
JP III HOLDINGS LLC
|
| Role |
Respondent
|
| Status |
Active
|
| Representations |
Donald J. Thomas, Maria Larrabure
|
|
| Name |
Hon. Carlos A. Rodriguez
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Broward
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2021-04-05
|
| Type |
Disposition by Order
|
| Subtype |
Denied
|
| Description |
Order Denying Petition for Writ - Prohib. ~ ORDERED that the petition for writ of prohibition is denied. The request for appellate attorney’s fees within the petition is denied.LEVINE, C.J., GROSS and CIKLIN, JJ., concur.
|
|
| Docket Date |
2021-04-05
|
| Type |
Disposition
|
| Subtype |
Denied
|
| Description |
Denied - Order by Judge
|
|
| Docket Date |
2021-03-01
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Prohibition / Acknowledgment letter ~ ***AMENDED***
|
|
| Docket Date |
2021-03-01
|
| Type |
Petition
|
| Subtype |
Petition Prohibition
|
| Description |
Petition Prohibition ~ *FILING FEE PAID ELECTRONICALLY*
|
| On Behalf Of |
BRF Group Contractors, Inc.
|
|
| Docket Date |
2021-03-01
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2021-03-01
|
| Type |
Record
|
| Subtype |
Appendix to Petition
|
| Description |
Appendix to Petition ~ *FILING FEE PAID ELECTRONICALLY*
|
|
| Docket Date |
2021-03-01
|
| Type |
Notice
|
| Subtype |
Notice of Related Case or Issue
|
| Description |
Notice of Similar Case Pending
|
| On Behalf Of |
BRF Group Contractors, Inc.
|
|
|
|
BRF GROUP CONTRACTORS, INC. VS JP III HOLDINGS, LLC
|
4D2020-2614
|
2020-12-02
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
CACE20015772
|
Parties
| Name |
BRF GROUP CONTRACTORS, INC
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Donna Greenspan Solomon, Joseph Taormina
|
|
| Name |
JP III HOLDINGS LLC
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Maria Larrabure
|
|
| Name |
Hon. Carlos A. Rodriguez
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Broward
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2021-08-03
|
| Type |
Order
|
| Subtype |
Order on Motion For Attorney's Fees
|
| Description |
Order Granting Attorney Fees-Prevailing ~ ORDERED that the appellee’s June 25, 2021 motion is granted as to attorneys’ fees, conditioned on the trial court determining that appellee is the prevailing party and, if so, setting the amount of the attorneys’ 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 fees. It is also hereby ORDERED that the appellee’s motion is denied without prejudice as to costs. The appellee shall serve a motion for costs in the trial court within 45 days of rendition of this order. Fla. R. App. P. 9.400(a–b); Johnson v. Jarvis, 107 So. 3d 428, 429 (Fla. 1st DCA 2012); United Servs. Auto. Ass’n v. Phillips, 775 So. 2d 921, 922 (Fla. 2000).
|
|
| Docket Date |
2021-06-25
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
|
| On Behalf Of |
JP III Holdings, LLC
|
|
| Docket Date |
2021-06-25
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
Stricken - No or Noncompliant Cert. of Service ~ ORDERED that appellee's June 24, 2021 motion is stricken as not in compliance with Florida Rule of Appellate Procedure 9.420(d) in that 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 |
2021-06-24
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees ~ **STRICKEN**
|
| On Behalf Of |
JP III Holdings, LLC
|
|
| Docket Date |
2021-06-17
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Clerk
|
|
| Docket Date |
2021-06-17
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
Order Granting Voluntary Dismissal ~ Pursuant to the June 16, 2021 notice of voluntary dismissal, this case is dismissed.
|
|
| Docket Date |
2021-06-16
|
| Type |
Motions Other
|
| Subtype |
Motion/Notice Voluntary Dismissal
|
| Description |
Notice of Voluntary Dismissal
|
| On Behalf Of |
BRF Group Contractors, Inc.
|
|
| Docket Date |
2021-05-17
|
| Type |
Record
|
| Subtype |
Supplemental Record
|
| Description |
Supplemental Records ~ 165 PAGES (PAGES 415-570)
|
| On Behalf Of |
Clerk - Broward
|
|
| Docket Date |
2021-05-13
|
| Type |
Order
|
| Subtype |
Order on Motion to Supplement Record & EOT/Toll Briefing
|
| Description |
ORD-Grant Supplemental ROA & EOT for Brief ~ ORDERED that appellant's May 12, 2021 motion to supplement the record and for extension of time 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 on or before May 17, 2021. Appellant shall monitor the supplementation process. Further,ORDERED that appellant shall serve the inital brief within thirty (30) days from receipt of the supplemental record.
|
|
| Docket Date |
2021-05-12
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
ORD-Stricken ~ ORDERED that appellant's May 11, 2021 “motion to compel compliance with April 19, 2021 order with respect to transmitting county court record and for extension of time to serve initial brief” is stricken without prejudice to refiling the motion with a certificate of service which indicates that the clerk of the lower tribunal was served with the motion. Before refiling the motion, counsel shall confer with the clerk of the lower tribunal to attempt to resolve the outstanding issues relating to the transmission of the record on appeal.
|
|
| Docket Date |
2021-05-12
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion to Supplement Record & EOT/Toll Briefing
|
| Description |
Motion Supplemental Record & Eot For Brief ~ MOTION TO SUPPLEMENT RECORD, NOTIFICATION OF CONFERENCE WITH CLERK OF LOWER TRIBUNAL AS PER MAY 12, 2021 ORDER, AND REQUEST FOREXTENSION OF TIME TO FILE INITIAL BRIEF
|
| On Behalf Of |
BRF Group Contractors, Inc.
|
|
| Docket Date |
2021-05-11
|
| Type |
Motions Other
|
| Subtype |
Motion To Compel
|
| Description |
Motion To Compel ~ **STRICKEN** COMPLIANCE WITH APRIL 19, 2021 ORDER WITH RESPECT TO TRANSMITTING COUNTY COURT RECORD AND FOR EXTENSION OF TIME TO SERVE INITIAL BRIEF
|
| On Behalf Of |
BRF Group Contractors, Inc.
|
|
| Docket Date |
2021-05-11
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ 426 PAGES (PAGES 1-414)
|
| On Behalf Of |
Clerk - Broward
|
|
| Docket Date |
2021-05-07
|
| Type |
Misc. Events
|
| Subtype |
Affidavit
|
| Description |
Affidavit ~ OF NON-PAYMENT OF APPEAL INVOICE
|
| On Behalf Of |
Clerk - Broward
|
|
| Docket Date |
2021-04-19
|
| Type |
Disposition by Order
|
| Subtype |
Granted in Part/Denied in Part
|
| Description |
ORD-Grant in Part/Deny in Part ~ Upon consideration of appellee's April 12, 2021 response, it is ORDERED that appellant's April 6, 2021 "motion to amend notice of appeal" is denied, and appellant's amended notice of appeal is stricken. Further, ORDERED that appellee's motion to dismiss incorporated within its response is denied. This court notes that the above-styled appeal shall proceed as to the November 28, 2020 writ of possession contained within appellant's notice of appeal. Further, ORDERED that appellant's April 8, 2021 "motion to order circuit and county courts to prepare record on appeal" is granted. The clerk of the lower tribunal is directed to prepare the record on appeal pursuant to Florida Rule of Appellate Procedure 9.200(d) within twenty (20) days from the date of this order.
|
|
| Docket Date |
2021-04-12
|
| Type |
Order
|
| Subtype |
Order Reclassifying Case
|
| Description |
ORD-Final Appeal Treated as Non-Final ~ ORDERED sua sponte that the court determines that this appeal seeks review of a non–final order, rather than a final order. Fla. R. App. P. 9.130(a)(3)(C)(ii). The clerk of the lower tribunal shall not transmit a record on appeal unless ordered by this court. Further,Upon consideration of appellee's March 30, 2021 response, it is ORDERED that appellant's March 15, 2021 motion for extension of time is granted, and appellant shall serve the initial brief within thirty (30) 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 |
2021-04-12
|
| Type |
Motions Other
|
| Subtype |
Motion To Dismiss
|
| Description |
Motion To Dismiss ~ **DENIED, SEE 04/19/2021 ORDER** RESPONSE IN OPPOSITION TO APPELLANT'S MOTION TO AMEND NOTICE OF APPEAL AND MOTION TO DISMISS
|
| On Behalf Of |
JP III Holdings, LLC
|
|
| Docket Date |
2021-04-08
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
Miscellaneous Motion ~ **GRANTED, SEE 04/19/2021 ORDER** MOTION TO ORDER CIRCUIT AND COUNTY COURTS TO PREPARE RECORD ON APPEAL
|
| On Behalf Of |
BRF Group Contractors, Inc.
|
|
| Docket Date |
2021-04-06
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
Miscellaneous Motion ~ **DENIED, SEE 04/19/201 ORDER** MOTION TO AMEND NOTICE OF APPEAL
|
| On Behalf Of |
BRF Group Contractors, Inc.
|
|
| Docket Date |
2021-04-06
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix ~ **STRICKEN, SEE 04/19/2021 ORDER** TO MOTION TO AMEND NOTICE OF APPEAL
|
| On Behalf Of |
BRF Group Contractors, Inc.
|
|
| Docket Date |
2021-03-30
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ TO APPELLANT'S MOTION FOR CLARIFICATION AND MOTION FOR EXTENSION OF TIME FOR INITIAL BRIEF AND IN OPPOSITION TO MOTION TO STAY PENDING DISPOSITION OF PETITION FOR WRIT OF PROHIBITION
|
| On Behalf Of |
JP III Holdings, LLC
|
|
| Docket Date |
2021-03-30
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
Stricken - No or Noncompliant Cert. of Service ~ ORDERED that appellee's March 29, 2021 response is stricken as not in compliance with Florida Rule of Appellate Procedure 9.420(d) in that the certificate of service does not comply in substance with the requirements of Florida Rule of Judicial Administration 2.516(f).
|
|
| Docket Date |
2021-03-29
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ **STRICKEN** TO APPELLANT'S MOTION FOR CLARIFICATION AND MOTION FOR EXTENSION OF TIME FOR INITIAL BRIEF AND IN OPPOSITION TO MOTION TO STAY PENDING DISPOSITION OF PETITION FOR WRIT OF PROHIBITION
|
| On Behalf Of |
JP III Holdings, LLC
|
|
| Docket Date |
2021-03-29
|
| Type |
Notice
|
| Subtype |
Notice of Related Case or Issue
|
| Description |
Notice of Similar Case Pending ~ AMENDED
|
| On Behalf Of |
BRF Group Contractors, Inc.
|
|
| Docket Date |
2021-03-15
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Initial Brief
|
| Description |
Mot. for Extension of time to file Initial Brief ~ MOTION FOR CLARIFICATION AND EXTENSION OF TIME FOR INITIAL BRIEF AND/OR TO STAY PENDING DISPOSITION OF PETITION FOR WRIT OF PROHIBITION
|
| On Behalf Of |
BRF Group Contractors, Inc.
|
|
| Docket Date |
2021-03-15
|
| Type |
Order
|
| Subtype |
Order on Motion For Review
|
| Description |
Order Denying Motion For Review ~ Upon consideration of appellee’s March 1, 2021 response and March 4, 2021 amended response, it is ORDERED that appellant’s February 23, 2021 motion to stay is treated as a motion for review and is denied.
|
|
| Docket Date |
2021-03-04
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ AMENDED RESPONSE IN OPPOSITION TO APPELLANT'S AMENDED MOTION TOREVIEW ORDER DENYING STAY AND MOTION FOR EXTENSION OF TIME TOSERVE INITIAL BRIEF
|
| On Behalf Of |
JP III Holdings, LLC
|
|
| Docket Date |
2021-03-01
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ IN OPPOSITION TO APPELLANT'S AMENDED MOTION TO REVIEWORDER DENYING STAY AND MOTION FOR EXTENSION OF TIME TO SERVEINITIAL BRIEF
|
| On Behalf Of |
JP III Holdings, LLC
|
|
| Docket Date |
2021-03-01
|
| Type |
Notice
|
| Subtype |
Notice of Related Case or Issue
|
| Description |
Notice of Similar Case Pending
|
| On Behalf Of |
BRF Group Contractors, Inc.
|
|
| Docket Date |
2021-02-23
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ AMENDED RESPONSE IN OPPOSITION OF APPELLANT'S MOTION TO REVIEW ORDER, ETC
|
| On Behalf Of |
JP III Holdings, LLC
|
|
| Docket Date |
2021-02-23
|
| Type |
Motions Other
|
| Subtype |
Motion To Stay
|
| Description |
Motion To Stay ~ **TREATED AS A MOTION FOR REVIEW. SEE 03/15/2021 ORDER.** AMENDED MOTION TO REVIEW ORDER DENYING STAY AND MOTION FOR EXTENSION OF TIME TO SERVE INITIAL BRIEF
|
| On Behalf Of |
BRF Group Contractors, Inc.
|
|
| Docket Date |
2021-02-23
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
Stricken - Non-Compliance With R. 9.045 ~ ORDERED that Maria Larrabure's February 22, 2021 notice of appearance and response are stricken as not in compliance with Florida Rule of Appellate Procedure 9.045, which became effective January 1, 2021, in that they are computer-generated documents which do not comply with the font requirements set forth in Rule 9.045(b) and in that the certificates of service do not comply in substance with the requirements of Florida Rule of Judicial Administration 2.516(f). See Fla. R. App. P. 9.045(b) (“Computer-generated documents shall be filed in either Arial 14-point font or Bookman Old Style 14-point font.”). Amended documents in compliance with Rules 9.045 and 2.516(f) shall be filed within two (2) days from the date of this order.
|
|
| Docket Date |
2021-02-23
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance ~ AMENDED
|
| On Behalf Of |
JP III Holdings, LLC
|
|
| Docket Date |
2021-02-22
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ **STRICKEN**
|
| On Behalf Of |
JP III Holdings, LLC
|
|
| Docket Date |
2021-02-22
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance ~ **STRICKEN**
|
| On Behalf Of |
JP III Holdings, LLC
|
|
| Docket Date |
2021-02-15
|
| Type |
Motions Other
|
| Subtype |
Motion To Stay
|
| Description |
Motion To Stay ~ MOTION TO REVIEW ORDER DENYING STAY AND MOTION FOR EXTENSION OF TIME TO SERVE INITIAL BRIEF
|
| On Behalf Of |
BRF Group Contractors, Inc.
|
|
| Docket Date |
2021-02-12
|
| Type |
Notice
|
| Subtype |
Notice of Filing
|
| Description |
Notice of Filing ~ ORDERS ISSUED DURING RELINQUISHMENT
|
| On Behalf Of |
BRF Group Contractors, Inc.
|
|
| Docket Date |
2021-02-03
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
ORD-Granting EOT for Relinquishment of Juris. ~ ORDERED that appellant's February 2, 2021 motion to extend relinquishment is granted. Relinquishment of jurisdiction to the trial court is continued for thirty (30) days.Appellant shall forward to this court a copy of any order issued during relinquishment. It is further ordered that appellant shall monitor this proceeding in the trial court. If further time is needed beyond this relinquishment period, it shall be the duty of appellant to request an extension of time by proper motion to this court. This case shall proceed in this court upon expiration of relinquishment unless otherwise notified in writing by the parties.
|
|
| Docket Date |
2021-02-02
|
| Type |
Order
|
| Subtype |
Order on Motion to Relinquish Jurisdiction
|
| Description |
Order Granting Relinquishment of Jurisdiction ~ ORDERED that appellant's January 7, 2021 motion to relinquish jurisdiction is granted. Jurisdiction is relinquished to the trial court for the purpose of the circuit court to hold a hearing on the appellant's motion to vacate scheduled for February 2, 2021. Appellant shall forward to this court a copy of any order issued during relinquishment. It is further ordered that appellant shall monitor this proceeding in the trial court. If further time is needed beyond this relinquishment period, it shall be the duty of appellant to request an extension of time by proper motion to this court. This case shall proceed in this court upon expiration of relinquishment unless otherwise notified in writing by the parties.
|
|
| Docket Date |
2021-02-02
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time
|
| Description |
Motion for Extension of Time ~ OF RELINQUISHMENT PERIOD
|
| On Behalf Of |
BRF Group Contractors, Inc.
|
|
| Docket Date |
2021-01-07
|
| Type |
Motions Other
|
| Subtype |
Motion To Relinquish Jurisdiction
|
| Description |
Motion To Relinquish Jurisdiction
|
| On Behalf Of |
BRF Group Contractors, Inc.
|
|
| Docket Date |
2021-01-07
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix
|
| On Behalf Of |
BRF Group Contractors, Inc.
|
|
| Docket Date |
2020-12-22
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
BRF Group Contractors, Inc.
|
|
| Docket Date |
2020-12-22
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
Stricken - No or Noncompliant Cert. of Service ~ ORDERED that Donna Greenspan Solomon's December 21, 2020 notice of appearance is stricken as not in compliance with Florida Rule of Appellate Procedure 9.420(d) in that the certificate of service does not comply in substance with the requirements of Florida Rule of Judicial Administration 2.516(f).
|
|
| Docket Date |
2020-12-21
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance ~ **STRICKEN**
|
| On Behalf Of |
BRF Group Contractors, Inc.
|
|
| Docket Date |
2020-12-11
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid Through Portal
|
| On Behalf Of |
BRF Group Contractors, Inc.
|
|
| Docket Date |
2020-12-03
|
| 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 |
2020-12-03
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2020-12-02
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
BRF Group Contractors, Inc.
|
|
| Docket Date |
2020-12-02
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
|
|
BRF GROUP CONTRACTORS, INC. VS JP III HOLDINGS, LLC
|
4D2020-2524
|
2020-11-20
|
Closed
|
|
| Classification |
Original Proceedings - Circuit Civil - Certiorari
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
CACE20015772
|
Parties
| Name |
BRF GROUP CONTRACTORS, INC
|
| Role |
Petitioner
|
| Status |
Active
|
| Representations |
Joseph Taormina
|
|
| Name |
JP III HOLDINGS LLC
|
| Role |
Respondent
|
| Status |
Active
|
| Representations |
Maria Larrabure
|
|
| Name |
Hon. Carlos A. Rodriguez
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Broward
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2020-11-25
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
Order-Original Proceeding Dismissed ~ ORDERED that the petition for writ of certiorari is dismissed for failure to establish irreparable harm. See Williams v. Oken, 62 So. 3d 1129, 1132 (Fla. 2011); Bared & Co., Inc. v. McGuire, 670 So. 2d 153 (Fla. 4th DCA 1996).GROSS, KUNTZ and ARTAU, JJ., concur.
|
|
| Docket Date |
2020-11-25
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Judge
|
|
| Docket Date |
2020-11-23
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Writ of Certiorari / Acknowledgment letter
|
|
| Docket Date |
2020-11-20
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid Through Portal
|
| On Behalf Of |
BRF Group Contractors, Inc.
|
|
| Docket Date |
2020-11-20
|
| Type |
Petition
|
| Subtype |
Petition Certiorari
|
| Description |
Petition for Certiorari Filed ~ **Filing Fee Paid Through Portal**
|
| On Behalf Of |
BRF Group Contractors, Inc.
|
|
| Docket Date |
2020-11-20
|
| Type |
Record
|
| Subtype |
Appendix to Petition
|
| Description |
Appendix to Petition
|
| On Behalf Of |
BRF Group Contractors, Inc.
|
|
|
