| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
1st District Court of Appeal
|
| Originating Court |
Circuit Court for the Second Judicial Circuit, Leon County
2020-CA-2346
|
Parties
| Name |
Clinton Parmer
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Richard B. Collins
|
|
| Name |
Estate of Sharon Parmer
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
CESC, INC.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Justin B. Hales, Joshua Canton, Cody W. Short, Hinda Klein
|
|
| Name |
Mitsubishi Electric US, LLC
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Frank D. Hosley, Daniel Rock
|
|
| Name |
FLORESTA, LLC
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Kaylin S. Grey, Cecil L. Davis Jr., Michelle Chadwell
|
|
| Name |
PENNYWORTH HOMES, INC.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Michael Thomas
|
|
| Name |
The Dwellings
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Hon. Angela Cote Dempsey
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Hon. Gwen Marshall
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2023-05-15
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
The lower tribunal has not transmitted the record on appeal to this Court. Within twenty days, Appellant shall ensure the transmission of the record on appeal or show cause why the Court should not dismiss this appeal. If the record is not transmitted or Appellant fails to file a response within the time allowed, the Court will dismiss this appeal without further notice or opportunity to be heard. Fla. R. App. P. 9.410.
The Court grants Appellee's motion to strike filed on April 24, 2023, and strikes Appellant's amended initial brief docketed on April 12, 2023.
Within thirty days, Appellant shall serve an amended initial brief that complies with Florida Rule of Appellate Procedure 9.210. The amended initial brief shall include a statement of the case and facts that includes the nature of the case, the course of the proceedings, and the disposition in the lower tribunal, and citations to the record on appeal prepared by the lower tribunal clerk for each and every fact asserted.
The Court denies as moot the motion, filed May 4, 2023, for extension of time to serve the answer brief.
If Appellant fails to timely comply with this order, the Court may impose sanctions, which may include dismissal of the appeal, without further opportunity to be heard. See Fla. R. App. P. 9.410.
|
| View |
View File
|
|
| Docket Date |
2022-12-27
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
DISCHARGED Order ~ Within ten days, Appellant shall show cause why the Court should not dismiss this appeal as it pertains to the orders granting the motions to dismiss of Mitsubishi Electric US, Inc. and CECS, Inc. The orders being appealed grant a motion to dismiss but do not dismiss the action. See Fla. R. App. P. 9.110(l); Bd. of Cnty. Comm'rs of Madison Cty. v. Grice, 438 So. 2d 392, 394 (Fla. 1983) ("An order on a motion to dismiss may not be final, but an order which actually dismisses the complaint is."); Dedge v. Crosby, 914 So. 2d 1055, 1056 (Fla. 1st DCA 2005). Appellant may obtain a final order from the lower tribunal and file a copy of the final order along with the response. If Appellant refers to any other pleading or order in the response, a copy of the document shall be attached to the response. If Appellant fails to timely comply with this order, the Court may impose sanctions, which may include dismissal of the appeal as to these two orders, without further opportunity to be heard. See Fla. R. App. P. 9.410.This order tolls the time for preparation and filing of the record and the filing of the briefs until the Court resolves the jurisdictional issue raised by the show cause order. See Fla. R. App. P. 9.300(b).
|
|
| Docket Date |
2023-07-19
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
Dismissed
|
| View |
View File
|
|
| Docket Date |
2023-05-25
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Record on Appeal - 1645 pages
|
|
| Docket Date |
2023-05-04
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Answer Brief
|
| Description |
Motion for Extension of Time to Serve Answer Brief
|
| On Behalf Of |
CESC, Inc.
|
| View |
View File
|
|
| Docket Date |
2023-04-24
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
Miscellaneous Motion TO ENFORCE THE REQUIREMENTS OF RULE 9.200
AND/OR TO STRIKE APPELLANTS' AMENDED INITIAL BRIEF
|
| On Behalf Of |
Mitsubishi Electric US, LLC
|
|
| Docket Date |
2023-04-17
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice of Withdrawal as Counsel
|
| On Behalf Of |
Mitsubishi Electric US, LLC
|
|
| Docket Date |
2023-04-12
|
| Type |
Brief
|
| Subtype |
Amended Initial Brief
|
| Description |
Amended Initial Brief
|
| On Behalf Of |
Clinton Parmer
|
|
| Docket Date |
2023-04-12
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance and designation of email
|
|
| Docket Date |
2023-04-06
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
Order Striking Filing
|
| View |
View File
|
|
| Docket Date |
2023-04-04
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief
|
| On Behalf Of |
Clinton Parmer
|
|
| Docket Date |
2023-03-16
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Order
|
| View |
View File
|
|
| Docket Date |
2023-03-13
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance and designation of email
|
| On Behalf Of |
FLoresta, LLC
|
|
| Docket Date |
2023-02-14
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance ~ and designation of email address
|
| On Behalf Of |
CESC, Inc.
|
|
| Docket Date |
2023-02-14
|
| Type |
Order
|
| Subtype |
Order to Register/Update eDCA
|
| Description |
Acknowledgment of Service List ~ The Notice of Appearance and Designation of Email Addresses filed by counsel for Appellee, CESC, Inc., d/b/a The Dwellings on February 14, 2023, providing e-mail addresses, is acknowledged. However, in addition to filing such notice, counsel of record are responsible for ensuring their primary and/or secondary e-mail addresses under their profile in the Florida Courts E-Filing Portal and eDCA are consistent with the filed notice in order to receive e-mailed notification (Casemail) from the court. Profiles for eDCA users may be updated by clicking on the “My Profile” link and clicking the “Submit” button after making the desired changes.
|
|
| Docket Date |
2023-01-19
|
| Type |
Misc. Events
|
| Subtype |
Docketing Statement
|
| Description |
Docketing Statement ~ amended
|
| On Behalf Of |
Clinton Parmer
|
|
| Docket Date |
2023-01-17
|
| Type |
Misc. Events
|
| Subtype |
Docketing Statement
|
| Description |
Docketing Statement
|
| On Behalf Of |
Clinton Parmer
|
|
| Docket Date |
2023-01-06
|
| Type |
Order
|
| Subtype |
Amended/Additional Filing(s) Needed
|
| Description |
Electronic Docketing Statement ~ Appellant has failed to timely efile a completed electronic docketing statement via the Florida Courts E-Filing Portal as required by the Court. A fillable form version of the Docketing Statement is available via a link on the “Documents” tab of the Portal or on this Court’s website at HYPERLINK "https://www.1dca.org/Resources/General-Information" https://www.1dca.org/Resources/General-Information. Failure to file a completed docketing statement within 10 days from the date hereof may result in the imposition of sanctions, including dismissal of the appeal without further opportunity to be heard. Florida Rule of Appellate Procedure 9.410.
|
|
| Docket Date |
2023-01-03
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE
|
| On Behalf Of |
Clinton Parmer
|
|
| Docket Date |
2022-12-21
|
| Type |
Order
|
| Subtype |
Order Changing Case Style
|
| Description |
SS Restyle of Case-General ~ Upon consideration of the response filed December 13, 2022, the Court restyles this proceeding as Clinton Parmer, Personal Representative of the Estate of Sharon Parmer, et al. v. CESC, Inc. d/b/a The Dwellings, Pennyworth Homes, Inc., Floresta, LLC, Mitsubishi Electric US, Inc.
|
|
| Docket Date |
2022-12-13
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ to 11/30/2022
|
| On Behalf Of |
CESC, Inc.
|
|
| Docket Date |
2022-12-12
|
| Type |
Notice
|
| Subtype |
Amended Notice of Appeal
|
| Description |
Amended Notice of Appeal
|
| On Behalf Of |
CESC, Inc.
|
|
| Docket Date |
2022-12-01
|
| Type |
Order
|
| Subtype |
Order to Register/Update eDCA
|
| Description |
Acknowledgment of Service List ~ The Notices of Appearance and E-Mail Addresses Designation filed by counsels for Mitsubishi Electric US, Inc. on November 30, 2022, providing e-mail addresses, is acknowledged. However, in addition to filing such notice, counsel of record are responsible for ensuring their primary and/or secondary e-mail addresses under their profile in the Florida Courts E-Filing Portal and eDCA are consistent with the filed notice in order to receive e-mailed notification (Casemail) from the court. Profiles for eDCA users may be updated by clicking on the “My Profile” link and clicking the “Submit” button after making the desired changes.
|
|
| Docket Date |
2022-11-30
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Order ~ Within ten days, Richard Collins, Esq. shall show cause why the parties in this case should not be realigned with the case style as follows: Clinton Parmer, Personal Representative of the Estate of Sharon Parmer v. CESC, Inc. d/b/a The Dwellings and Pennyworth Homes, Inc. Additionally, Mr. Collins shall inform this Court of the counsel representing Appellees and delineate which attorneys listed in his November 23, 2022, notice of appearance represent which parties. The response shall also attach a copy of the final order as to Pennyworth Homes, Inc.If Mr. Collins fails to timely comply with this order, the Court may impose sanctions, which may include dismissal of the appeal, without further opportunity to be heard. See Fla. R. App. P. 9.410.
|
|
| Docket Date |
2022-11-30
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance ~ and designation of email address
|
| On Behalf Of |
Mitsubishi Electric US, LLC
|
|
| Docket Date |
2022-11-23
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
CASE FILING FEE PAID THROUGH PORTAL
|
|
| Docket Date |
2022-11-23
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
CESC, Inc.
|
|
| Docket Date |
2022-11-03
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
20-Day Pay Fee ($300) ~ The appellant/petitioner has failed to tender the required $300.00 filing fee per Section 35.22(2)(a), Florida Statutes (2018), and Florida Rule of Appellate Procedure 9.110(b). The appellant/petitioner is hereby directed to pay the $300 filing fee within 20 days of this order. Failure to comply with this order will result in the dismissal of this cause without further opportunity to be heard. Florida Rule of Appellate Procedure 9.410.
|
|
| Docket Date |
2022-10-27
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Notice of Appeal / Acknowledgement letter ~ Notice of Appeal from the lower tribunal reflecting a filing date of October 22, 2022.
|
|
| Docket Date |
2022-10-27
|
| Type |
Order
|
| Subtype |
Amended/Additional Filing(s) Needed
|
| Description |
Attorney Addresses in Cert of Serv (Appeal) ~ Upon the Court's own motion, appellant is ordered to file with this court, within 10 days from the date of this order, an amended notice of appeal which contains a certificate of service reflecting the names and physical mailing addresses of all parties and attorneys served. See Florida Rule of Appellate Procedure 9.420(c) and Florida Rules of General Practice and Judicial Administration 2.516(f). Failure of appellant to timely comply with this order could result in the imposition of sanctions, including dismissal of the appeal without further opportunity to be heard. Florida Rule of Appellate Procedure 9.410.
|
|
| Docket Date |
2022-10-26
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed ~ one order appealed attached
|
| On Behalf Of |
CESC, Inc.
|
|
| Docket Date |
2022-10-26
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2022-10-22
|
| Type |
Notice
|
| Subtype |
Amended Notice of Appeal
|
| Description |
Amended Notice of Appeal ~ Orders appealed attached
|
| On Behalf Of |
CESC, Inc.
|
|
|
