|
FARREY'S WHOLESALE HARDWARE CO., INC. VS COLTIN ELECTRICAL SERVICES, LLC, ET AL.,
|
2D2017-3191
|
2017-07-25
|
Closed
|
|
| Classification |
Original Proceedings - Circuit Civil - Certiorari
|
| Court |
2nd District Court of Appeal
|
| Originating Court |
Circuit Court for the Sixth Judicial Circuit, Pasco County
16-CA-1713
|
Parties
| Name |
FARREY'S, WHOLESALE HARDWARE CO., INC.
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Michael E. Stearns, Esq., DOUGLAS J. ROBERTS, Mark D. Nichols, ESQ.
|
|
| Name |
TAMPA PREMIUM OUTLETS, LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
COLTIN ELECTRICAL SERVICES, LLC
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
DUANE A. DAIKER, ESQ., PHILIP N. HAMMERSLEY, ESQ., BRIAN R. LAMBERT, ESQ., FRED A. MENDICINO, ESQ., Eric M. Hanson, Esq., DYLAN MARCK, ESQ.
|
|
| Name |
VCC, LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
PASCO CLERK
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2019-01-25
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2019-01-15
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2018-12-28
|
| Type |
Disposition
|
| Subtype |
Granted
|
| Description |
Granted - Authored Opinion ~ ; orders quashed in part and dismissed in part.
|
|
| Docket Date |
2018-12-28
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Miscellaneous Order ~ These cases are consolidated for purposes of the opinion. Any motion for rehearing directed to this opinion shall be filed in the lowest case number only.
|
|
| Docket Date |
2018-08-22
|
| Type |
Misc. Events
|
| Subtype |
Oral Argument Date Set
|
| Description |
Oral Argument Date Set ~ Tampa
|
|
| Docket Date |
2018-06-06
|
| Type |
Order
|
| Subtype |
Order on Motion/Request for Oral Argument
|
| Description |
Oral Argument Notice ~ These cases are provisionally set for oral argument on WEDNESDAY, AUGUST 22, 2018, at 9:30 A.M., before: Judge Nelly N. Khouzam, Judge Marva L. Crenshaw, Judge J. Andrew Atkinson. Oral argument will occur at the Second District Court of Appeal, Tampa Branch Headquarters, in the courtroom of the Stetson University College Of Law, Tampa Campus, First Floor, 1700 North Tampa Street, Tampa, Florida. The court calendars can be viewed on this court’s website at www.2dca.org. Counsel or parties are requested to make their presence known to the receptionist by fifteen minutes prior to the time listed above.The panel is subject to change without notice. Should the assigned panel of judges decide that the court will not benefit from oral argument in this proceeding, the attorneys or parties will be notified by order no less than two weeks before the scheduled date.Please review the notice regarding oral argument in the Second District Court of Appeal. A copy has been furnished with this order and may also be found on this court’s website.
|
|
| Docket Date |
2018-06-01
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
Miscellaneous Motion ~ AGREED MOTION TO LIMIT ORAL ARGUMENT
|
| On Behalf Of |
COLTIN ELECTRICAL SERVICES, LLC
|
|
| Docket Date |
2018-04-23
|
| Type |
Order
|
| Subtype |
Order on Motion For Continuation of Oral Argument
|
| Description |
ORD-GRANTING CONTINUANCE OF OA ~ Appellee Coltin Electrical Services, LLC’s motion filed April 23, 2018, for continuance of oral argument is granted. Oral argument scheduled for May 1, 2018, is cancelled and will be rescheduled for a later date.
|
|
| Docket Date |
2018-04-23
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion For Continuation of Oral Argument
|
| Description |
Motion For Continuation of Oral Argument ~ TIME-SENSITIVE UNOPPOSED MOTION TO CONTINUE ORAL ARGUMENT
|
| On Behalf Of |
COLTIN ELECTRICAL SERVICES, LLC
|
|
| Docket Date |
2018-03-12
|
| Type |
Order
|
| Subtype |
Order on Motion/Request for Oral Argument
|
| Description |
Oral Argument Notice ~ This case is provisionally set for oral argument on TUESDAY, MAY 01, 2018, at 9:30 A.M., before: Judge Nelly N. Khouzam, Judge Marva L. Crenshaw, Judge J. Andrew Atkinson. Oral argument will occur at the Second District Court of Appeal, Tampa Branch Headquarters, in the courtroom of the Stetson University College Of Law, Tampa Campus, First Floor, 1700 North Tampa Street, Tampa, Florida. The court calendars can be viewed on this court’s website at www.2dca.org. Counsel or parties are requested to make their presence known to the receptionist by fifteen minutes prior to the time listed above.The panel is subject to change without notice. Should the assigned panel of judges decide that the court will not benefit from oral argument in this proceeding, the attorneys or parties will be notified by order no less than two weeks before the scheduled date.Please review the notice regarding oral argument in the Second District Court of Appeal. A copy has been furnished with this order and may also be found on this court’s website.
|
|
| Docket Date |
2018-02-26
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant Reply Brief w/Appendix
|
| On Behalf Of |
FARREY'S WHOLESALE HARDWARE CO., INC.
|
|
| Docket Date |
2018-02-12
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant Reply Brief ~ REPLY TO APPELLEE, TAMPA PREMIUMOUTLETS, LLC'S ANSWER BRIEF
|
| On Behalf Of |
FARREY'S WHOLESALE HARDWARE CO., INC.
|
|
| Docket Date |
2018-02-12
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion/Request for Oral Argument
|
| Description |
Request for Oral Argument
|
| On Behalf Of |
FARREY'S WHOLESALE HARDWARE CO., INC.
|
|
| Docket Date |
2018-02-12
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees ~ PETITIONER, FARREY'S WHOLESALE HARDWARE CO., INC.'S MOTION TO TAX APPELLATE ATTORNEY'S FEES
|
| On Behalf Of |
FARREY'S WHOLESALE HARDWARE CO., INC.
|
|
| Docket Date |
2018-02-05
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee Answer Brief
|
| On Behalf Of |
COLTIN ELECTRICAL SERVICES, LLC
|
|
| Docket Date |
2018-02-05
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
|
| On Behalf Of |
COLTIN ELECTRICAL SERVICES, LLC
|
|
| Docket Date |
2018-02-01
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
COLTIN ELECTRICAL SERVICES, LLC
|
|
| Docket Date |
2018-01-23
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee Answer Brief ~ APPELLEE, TAMPA PREMIUM OUTLETS, LLC'S ANSWER BRIEF
|
| On Behalf Of |
COLTIN ELECTRICAL SERVICES, LLC
|
|
| Docket Date |
2018-01-15
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Stipulation for Extension of Time ~ 20- AB (Colton) due 02/05/18
|
| On Behalf Of |
COLTIN ELECTRICAL SERVICES, LLC
|
|
| Docket Date |
2017-12-18
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Stipulation for Extension of Time ~ 20- AB (TPO) due 01/15/18
|
| On Behalf Of |
COLTIN ELECTRICAL SERVICES, LLC
|
|
| Docket Date |
2017-12-07
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Stipulation for Extension of Time ~ 20- AB (Colton) due 01/15/18
|
| On Behalf Of |
COLTIN ELECTRICAL SERVICES, LLC
|
|
| Docket Date |
2017-12-04
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Appellant Brief on Merits
|
| On Behalf Of |
FARREY'S WHOLESALE HARDWARE CO., INC.
|
|
| Docket Date |
2017-11-30
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
ORDER GRANTING EOT FOR INITIAL BRIEF ~ Appellant's motion for extension of time is granted, and the initial brief shall be served within five days.
|
|
| Docket Date |
2017-11-28
|
| 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 |
FARREY'S WHOLESALE HARDWARE CO., INC.
|
|
| Docket Date |
2017-10-04
|
| Type |
Order
|
| Subtype |
Order on Motion To Dismiss
|
| Description |
ORD-DENYING APPELLEE'S MOTION TO DISMISS ~ The appellee's motion to dismiss is denied. However, the parties should readdress this court's jurisdiction in their briefs.By its own motion, the court directs that this appeal shall travel together with cases 2D17-2172 and 2D17-2553. Records, briefing, and motions practice shall be separate in the three proceedings.
|
|
| Docket Date |
2017-10-03
|
| Type |
Order
|
| Subtype |
Order to Travel Together
|
| Description |
travel together ~ By its own motion, the court directs that this appeal shall travel together with cases 2D17-2172 and 2D17-2553. Records, briefing, and motions practice shall be separate in the three proceedings.
|
|
| Docket Date |
2017-09-25
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ BABB - 946 PAGES
|
|
| Docket Date |
2017-09-13
|
| Type |
Misc. Events
|
| Subtype |
Status Report
|
| Description |
Status Report ~ APPELLANT, FARREY'S WHOLESALE HARDWARE CO., INC.'S STATUS REPORT
|
| On Behalf Of |
FARREY'S WHOLESALE HARDWARE CO., INC.
|
|
| Docket Date |
2017-08-29
|
| Type |
Notice
|
| Subtype |
Notice of Filing
|
| Description |
Notice of Filing ~ orders
|
| On Behalf Of |
FARREY'S WHOLESALE HARDWARE CO., INC.
|
|
| Docket Date |
2017-08-25
|
| Type |
Order
|
| Subtype |
Order Discharging Show Cause Order
|
| Description |
ORD-DISCHARGING SHOW CAUSE ~ This court's August 7, 2017 order to show cause is discharged. Nevertheless, contrary to the appellant's assertion in its response to the order to show cause, this court does not yet have jurisdiction over the order sought to be reviewed because the order has not been rendered, i.e., filed with the clerk of the circuit court. See Fla. R. App. P. 9.110(b), 9.020(i). The appeal is therefore subject to dismissal. See Fla. R. App. P. 9.110(l). The appellant shall file a status report on rendition of the order within 20 days of the date of the present order.
|
|
| Docket Date |
2017-08-25
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ APPELLANT, FARREY'S WHOLESALE HARDWARE CO., INC.'S RESPONSE TO MOTION TO DISMISS
|
| On Behalf Of |
FARREY'S WHOLESALE HARDWARE CO., INC.
|
|
| Docket Date |
2017-08-22
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ APPELLANT, FARREY'S WHOLESALE HARDWARE CO., INC.'S RESPONSE TO ORDER TO SHOW CAUSE
|
| On Behalf Of |
FARREY'S WHOLESALE HARDWARE CO., INC.
|
|
| Docket Date |
2017-08-15
|
| Type |
Order
|
| Subtype |
Order to File Response
|
| Description |
ORD-TO FILE RESPONSE ~ Appellant is directed to respond within ten days from the date of this order to appellee Coltin Electrical Services, LLC's motion to dismiss.
|
|
| Docket Date |
2017-08-14
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid through Portal
|
|
| Docket Date |
2017-08-14
|
| Type |
Notice
|
| Subtype |
Notice of Filing
|
| Description |
Notice of Filing ~ APPELLANT, FARREY'S WHOLESALE HARDWARE CO., INC.'S NOTICE OF FILING ORDER
|
| On Behalf Of |
FARREY'S WHOLESALE HARDWARE CO., INC.
|
|
| Docket Date |
2017-08-08
|
| Type |
Notice
|
| Subtype |
Notice of Related Case or Issue
|
| Description |
Notice of Related Case
|
| On Behalf Of |
FARREY'S WHOLESALE HARDWARE CO., INC.
|
|
| Docket Date |
2017-08-07
|
| Type |
Order
|
| Subtype |
Show Cause re No Order Appealed
|
| Description |
OSC - no order appealed ~ ***DISCHARGED***(see 08/25/17 ord)
|
|
| Docket Date |
2017-08-07
|
| Type |
Motions Other
|
| Subtype |
Motion To Dismiss
|
| Description |
Motion To Dismiss
|
| On Behalf Of |
COLTIN ELECTRICAL SERVICES, LLC
|
|
| Docket Date |
2017-08-07
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
COLTIN ELECTRICAL SERVICES, LLC
|
|
| Docket Date |
2017-08-07
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter 1
|
|
| Docket Date |
2017-07-25
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2017-07-25
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
FARREY'S WHOLESALE HARDWARE CO., INC.
|
|
|
|
FARREY'S WHOLESALE HARDWARE CO., INC. VS COLTIN ELECTRICAL SERVICES, LLC, ET AL.,
|
2D2017-2553
|
2017-06-15
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
2nd District Court of Appeal
|
| Originating Court |
Circuit Court for the Sixth Judicial Circuit, Pasco County
16-CA-1713
|
Parties
| Name |
FARREY'S, WHOLESALE HARDWARE CO., INC.
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Michael E. Stearns, Esq., Mark D. Nichols, ESQ., DOUGLAS J. ROBERTS
|
|
| Name |
COLTIN ELECTRICAL SERVICES, LLC
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
FRED A. MENDICINO, ESQ., BRIAN R. LAMBERT, ESQ., DYLAN MARCK, ESQ., DUANE A. DAIKER, ESQ., PHILIP N. HAMMERSLEY, ESQ.
|
|
| Name |
TAMPA PREMIUM OUTLETS, LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
VCC, LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
PASCO CLERK
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2018-12-28
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Authored Opinion
|
|
| Docket Date |
2019-01-25
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2019-01-15
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2018-12-28
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Miscellaneous Order ~ These cases are consolidated for purposes of the opinion. Any motion for rehearing directed to this opinion shall be filed in the lowest case number only.
|
|
| Docket Date |
2018-08-22
|
| Type |
Misc. Events
|
| Subtype |
Oral Argument Date Set
|
| Description |
Oral Argument Date Set ~ Tampa
|
|
| Docket Date |
2018-06-06
|
| Type |
Order
|
| Subtype |
Order on Miscellaneous Motion
|
| Description |
Grant Miscellaneous Motion-79 ~ The agreed motion to limit oral argument filed by Respondent/Appellee, Coltin Electrical Services, LLC, is granted. The oral argument for these cases will be consolidated with each side allowed thirty minutes for argument.
|
|
| Docket Date |
2018-06-01
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
Miscellaneous Motion ~ AGREED MOTION TO LIMIT ORAL ARGUMENT
|
| On Behalf Of |
COLTIN ELECTRICAL SERVICES, LLC
|
|
| Docket Date |
2018-04-23
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion For Continuation of Oral Argument
|
| Description |
Motion For Continuation of Oral Argument ~ TIME-SENSITIVE UNOPPOSED MOTION TO CONTINUE ORAL ARGUMENT
|
| On Behalf Of |
COLTIN ELECTRICAL SERVICES, LLC
|
|
| Docket Date |
2018-04-23
|
| Type |
Order
|
| Subtype |
Order on Motion For Continuation of Oral Argument
|
| Description |
ORD-GRANTING CONTINUANCE OF OA ~ Appellee Coltin Electrical Services, LLC’s motion filed April 23, 2018, for continuance of oral argument is granted. Oral argument scheduled for May 1, 2018, is cancelled and will be rescheduled for a later date.
|
|
| Docket Date |
2018-03-12
|
| Type |
Order
|
| Subtype |
Order on Motion/Request for Oral Argument
|
| Description |
Oral Argument Notice ~ This case is provisionally set for oral argument on TUESDAY, MAY 01, 2018, at 9:30 A.M., before: Judge Nelly N. Khouzam, Judge Marva L. Crenshaw, Judge J. Andrew Atkinson. Oral argument will occur at the Second District Court of Appeal, Tampa Branch Headquarters, in the courtroom of the Stetson University College Of Law, Tampa Campus, First Floor, 1700 North Tampa Street, Tampa, Florida. The court calendars can be viewed on this court’s website at www.2dca.org. Counsel or parties are requested to make their presence known to the receptionist by fifteen minutes prior to the time listed above.The panel is subject to change without notice. Should the assigned panel of judges decide that the court will not benefit from oral argument in this proceeding, the attorneys or parties will be notified by order no less than two weeks before the scheduled date.Please review the notice regarding oral argument in the Second District Court of Appeal. A copy has been furnished with this order and may also be found on this court’s website.
|
|
| Docket Date |
2018-02-01
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
COLTIN ELECTRICAL SERVICES, LLC
|
|
| Docket Date |
2017-11-21
|
| Type |
Order
|
| Subtype |
Order on Miscellaneous Motion
|
| Description |
Grant Miscellaneous Motion-79 ~ Both parties' motions to file their respective motions for appellate attorney's fees are granted. Each motion is accepted as filed.
|
|
| Docket Date |
2017-11-02
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
Miscellaneous Motion ~ UNOPPOSED MOTION TO FILE MOTION FOR APPELLATE ATTORNEY FEES OUT OF TIME
|
| On Behalf Of |
COLTIN ELECTRICAL SERVICES, LLC
|
|
| Docket Date |
2017-11-02
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
|
| On Behalf Of |
COLTIN ELECTRICAL SERVICES, LLC
|
|
| Docket Date |
2017-11-01
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant Reply Brief
|
| On Behalf Of |
FARREY'S WHOLESALE HARDWARE CO., INC.
|
|
| Docket Date |
2017-11-01
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion/Request for Oral Argument
|
| Description |
Request for Oral Argument
|
| On Behalf Of |
FARREY'S WHOLESALE HARDWARE CO., INC.
|
|
| Docket Date |
2017-10-25
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Stipulation for Extension of Time ~ 07- RB DUE 11/01/17
|
| On Behalf Of |
FARREY'S WHOLESALE HARDWARE CO., INC.
|
|
| Docket Date |
2017-10-05
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee Answer Brief
|
| On Behalf Of |
COLTIN ELECTRICAL SERVICES, LLC
|
|
| Docket Date |
2017-10-04
|
| Type |
Order
|
| Subtype |
Order on Motion To Dismiss
|
| Description |
ORD-DENYING APPELLEE'S MOTION TO DISMISS ~ The appellee's motion to dismiss is denied. However, the parties should readdress this court's jurisdiction in their briefs.By its own motion, the court directs that this appeal shall travel together with cases 2D17-2172 and 2D17-2553. Records, briefing, and motions practice shall be separate in the three proceedings.
|
|
| Docket Date |
2017-10-03
|
| Type |
Order
|
| Subtype |
Order to Travel Together
|
| Description |
travel together ~ By its own motion, the court directs that this appeal shall travel together with cases 2D17-2172 and 2D17-2553. Records, briefing, and motions practice shall be separate in the three proceedings.
|
|
| Docket Date |
2017-09-19
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Stipulation for Extension of Time ~ 09- AB DUE 10/06/17
|
| On Behalf Of |
COLTIN ELECTRICAL SERVICES, LLC
|
|
| Docket Date |
2017-08-22
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Stipulation for Extension of Time ~ 20- AB DUE 09/27/17
|
| On Behalf Of |
COLTIN ELECTRICAL SERVICES, LLC
|
|
| Docket Date |
2017-08-18
|
| Type |
Order
|
| Subtype |
Order on Motion to Consolidate
|
| Description |
travel together only ~ The appellant/petitioner's motion to consolidate the two above-captioned cases is granted only to the extent that the two cases will travel to the same panel of judges. Separate motions and responses shall be filed in each case. The motion is denied without prejudice to the extent that it seeks consolidation with case 2D17-3191, in which an order to show cause and a motion to dismiss are pending. The appellant/petitioner's motions to add indispensable party filed in each of the two above-captioned cases are denied.This court's June 22, 2017, order to show case in case 2D17-2553 is discharged. Both cases will be subject to jurisdictional review by the merits panel.
|
|
| Docket Date |
2017-08-01
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ BABB - 873 PAGES
|
| On Behalf Of |
FARREY'S WHOLESALE HARDWARE CO., INC.
|
|
| Docket Date |
2017-08-08
|
| Type |
Notice
|
| Subtype |
Notice of Related Case or Issue
|
| Description |
Notice of Related Case
|
| On Behalf Of |
FARREY'S WHOLESALE HARDWARE CO., INC.
|
|
| Docket Date |
2017-08-03
|
| Type |
Response
|
| Subtype |
Objection
|
| Description |
OBJECTION ~ COLTIN'S OPPOSITION TO MOTION TO ADD INDISPENSABLE PARTY
|
| On Behalf Of |
COLTIN ELECTRICAL SERVICES, LLC
|
|
| Docket Date |
2017-08-02
|
| Type |
Record
|
| Subtype |
Appendix to Response
|
| Description |
APPENDICES /ATTACHMENTS TO RESPONSE ~ INDEX TO APPENDIX TO APPELLANT'S RESPONSE TO COURT'S ORDER DATED JULY 26, 2017
|
| On Behalf Of |
FARREY'S WHOLESALE HARDWARE CO., INC.
|
|
| Docket Date |
2017-08-02
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
COLTIN ELECTRICAL SERVICES, LLC
|
|
| Docket Date |
2017-08-01
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Appellant Brief on Merits
|
| On Behalf Of |
FARREY'S WHOLESALE HARDWARE CO., INC.
|
|
| Docket Date |
2017-08-01
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ APPELLANT, FARREY'S WHOLESALE HARDWARE CO., INC.'S RESPONSE TO COURT'S ORDER DATED JULY 26, 2017
|
| On Behalf Of |
FARREY'S WHOLESALE HARDWARE CO., INC.
|
|
| Docket Date |
2017-08-01
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
Miscellaneous Motion ~ APPELLANT, FARREY WHOLESALE HARDWARE CO., INC.'S, MOTION TO ADD AN INDISPENSIBLE PARTY
|
| On Behalf Of |
FARREY'S WHOLESALE HARDWARE CO., INC.
|
|
| Docket Date |
2017-07-26
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Miscellaneous Order ~ Within 10 days of the date of this order, the appellant shall supplement its response filed July 7, 2017, as directed herein. The response asserts that the "partial summary judgment as to count I of [appellant]'s amended complaint and count IV of defendant's counterclaim" disposes of the appellant's case against Tampa Premium Outlets, LLC and VCC, LLC. However, this court's review of the pleadings and hearing transcript filed in case 2D17-2172 discloses that counts for unjust enrichment (IX and XI) are alleged against these parties in the appellant's second amended complaint, carried over from the amended complaint. Although at the hearing the trial court explicitly stated its resolution as to several of the counts in the second amended complaint challenged by the appellee, the court did not address the unjust enrichment counts. To the extent that the appellant challenges the observations made by the court in this order, it must do so by attaching record documentation to support its position. This court's June 22, 2017, order to show cause remains pending.
|
|
| Docket Date |
2017-07-07
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ APPELLANT, FARREY'S WHOLESALE HARDWARE CO., INC.'S RESPONSE TO ORDER TO SHOW CAUSE
|
| On Behalf Of |
FARREY'S WHOLESALE HARDWARE CO., INC.
|
|
| Docket Date |
2017-06-23
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid through Portal
|
|
| Docket Date |
2017-06-22
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
fee - civil; atty
|
|
| Docket Date |
2017-06-22
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter 1
|
|
| Docket Date |
2017-06-15
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2017-06-15
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
FARREY'S WHOLESALE HARDWARE CO., INC.
|
|
|
|
FARREY'S WHOLESALE HARDWARE CO., INC. VS COLTIN ELECTRICAL SERVICES, LLC, ET AL
|
2D2017-2172
|
2017-05-24
|
Closed
|
|
| Classification |
Original Proceedings - Circuit Civil - Certiorari
|
| Court |
2nd District Court of Appeal
|
| Originating Court |
Circuit Court for the Sixth Judicial Circuit, Pasco County
2016-CA-1713
|
Parties
| Name |
FARREY'S, WHOLESALE HARDWARE CO., INC.
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Mark D. Nichols, ESQ., Michael E. Stearns, Esq., DOUGLAS J. ROBERTS
|
|
| Name |
COLTIN ELECTRICAL SERVICES, LLC
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
DUANE A. DAIKER, ESQ., PHILIP N. HAMMERSLEY, ESQ., BRIAN R. LAMBERT, ESQ., FRED A. MENDICINO, ESQ.
|
|
| Name |
TAMPA PREMIUM OUTLETS, LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
VCC, LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
PASCO CLERK
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2019-01-25
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2019-01-15
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2018-12-28
|
| Type |
Disposition
|
| Subtype |
Granted
|
| Description |
Granted - Authored Opinion ~ ; orders quashed in part and dismissed in part.
|
|
| Docket Date |
2018-12-28
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Miscellaneous Order ~ In cases 2D17-2172, 2D17-2553, and 2D17-3191, Coltin and Farrey's filed competing motions for appellate attorney's fees under section 713.29, Florida Statutes (2017). Farrey's motions for appellate attorney's fees are provisionally granted, subject to Farrey's ultimately prevailing in the underlying action below. Coltin's motions for appellate attorney's fees are denied.
|
|
| Docket Date |
2017-09-25
|
| Type |
Motions Other
|
| Subtype |
Motion To Strike
|
| Description |
Motion To Strike ~ MOTION TO STRIKE PETITIONERS'S ORIGINAL REPLY TO COLTIN'S RESPONSE TO PETITION FOR WRIT OF CERTIORARI
|
| On Behalf Of |
FARREY'S WHOLESALE HARDWARE CO., INC.
|
|
| Docket Date |
2018-08-22
|
| Type |
Misc. Events
|
| Subtype |
Oral Argument Date Set
|
| Description |
Oral Argument Date Set ~ Tampa
|
|
| Docket Date |
2018-06-06
|
| Type |
Order
|
| Subtype |
Order on Miscellaneous Motion
|
| Description |
Grant Miscellaneous Motion-79 ~ The agreed motion to limit oral argument filed by Respondent/Appellee, Coltin Electrical Services, LLC, is granted. The oral argument for these cases will be consolidated with each side allowed thirty minutes for argument.
|
|
| Docket Date |
2018-06-01
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
Miscellaneous Motion ~ AGREED MOTION TO LIMIT ORAL ARGUMENT
|
| On Behalf Of |
COLTIN ELECTRICAL SERVICES, LLC
|
|
| Docket Date |
2018-04-23
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion For Continuation of Oral Argument
|
| Description |
Motion For Continuation of Oral Argument ~ TIME-SENSITIVE UNOPPOSED MOTION TO CONTINUE ORAL ARGUMENT
|
| On Behalf Of |
COLTIN ELECTRICAL SERVICES, LLC
|
|
| Docket Date |
2018-04-23
|
| Type |
Order
|
| Subtype |
Order on Motion For Continuation of Oral Argument
|
| Description |
ORD-GRANTING CONTINUANCE OF OA ~ Respondent Coltin Electrical Services, LLC’s motion filed April 23, 2018, for continuance of oral argument is granted. Oral argument scheduled for May 1, 2018, is cancelled and will be rescheduled for a later date.
|
|
| Docket Date |
2018-03-12
|
| Type |
Order
|
| Subtype |
Order on Motion/Request for Oral Argument
|
| Description |
Oral Argument Notice ~ This case is provisionally set for oral argument on TUESDAY, MAY 01, 2018, at 9:30 A.M., before: Judge Nelly N. Khouzam, Judge Marva L. Crenshaw, Judge J. Andrew Atkinson. Oral argument will occur at the Second District Court of Appeal, Tampa Branch Headquarters, in the courtroom of the Stetson University College Of Law, Tampa Campus, First Floor, 1700 North Tampa Street, Tampa, Florida. The court calendars can be viewed on this court’s website at www.2dca.org. Counsel or parties are requested to make their presence known to the receptionist by fifteen minutes prior to the time listed above.The panel is subject to change without notice. Should the assigned panel of judges decide that the court will not benefit from oral argument in this proceeding, the attorneys or parties will be notified by order no less than two weeks before the scheduled date.Please review the notice regarding oral argument in the Second District Court of Appeal. A copy has been furnished with this order and may also be found on this court’s website.
|
|
| Docket Date |
2018-02-01
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
COLTIN ELECTRICAL SERVICES, LLC
|
|
| Docket Date |
2017-10-04
|
| Type |
Order
|
| Subtype |
Order on Motion To Dismiss
|
| Description |
ORD-DENYING APPELLEE'S MOTION TO DISMISS ~ The appellee's motion to dismiss is denied. However, the parties should readdress this court's jurisdiction in their briefs.By its own motion, the court directs that this appeal shall travel together with cases 2D17-2172 and 2D17-2553. Records, briefing, and motions practice shall be separate in the three proceedings.
|
|
| Docket Date |
2017-09-28
|
| Type |
Order
|
| Subtype |
Order on Motion To Strike
|
| Description |
Grant Motion to Strike ~ The petitioner's motion to strike is granted. The reply filed on August 14, 2017, is stricken. The amended reply filed September 25, 2017, is accepted.
|
|
| Docket Date |
2017-09-25
|
| Type |
Response
|
| Subtype |
Reply
|
| Description |
REPLY ~ PETITIONER, FARREY'S WHOLESALE HARDWARE CO., INC.'S AMENDED REPLY TO RESPONDENT'S AMENDED RESPONSE TO PETITION FOR WRIT OF CERTIORARI
|
| On Behalf Of |
FARREY'S WHOLESALE HARDWARE CO., INC.
|
|
| Docket Date |
2017-09-15
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Reply to Response
|
| Description |
grant eot for cert reply
|
|
| Docket Date |
2017-09-07
|
| Type |
Motions Extensions
|
| Subtype |
Motion Extension of Time To Reply To Response
|
| Description |
Motion Extension of TimeTo Reply To Response ~ APPELLANT, FARREY'S WHOLESALE HARDWARE CO., INC.'S UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE AMENDED REPLY TO AMENDED RESPONSE
|
| On Behalf Of |
FARREY'S WHOLESALE HARDWARE CO., INC.
|
|
| Docket Date |
2017-08-31
|
| Type |
Order
|
| Subtype |
Order on Miscellaneous Motion
|
| Description |
Grant Miscellaneous Motion-79 ~ The respondent's motion to strike is granted. The response filed August 16, 2017, is stricken. This case will proceed on the basis of the amended response filed August 25, 2017. The petitioner may file an amended reply within 10 days of the date of this order, failing which the case will proceed on the basis of the reply already filed.
|
|
| Docket Date |
2017-08-25
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ AMENDED RESPONSE TO PETITION FOR WRIT OF CERTIORARI
|
| On Behalf Of |
COLTIN ELECTRICAL SERVICES, LLC
|
|
| Docket Date |
2017-08-25
|
| Type |
Motions Other
|
| Subtype |
Motion To Strike
|
| Description |
Motion To Strike ~ RESPONDENT'S ORIGINAL RESPONSE TO PETITION FOR WRIT OF CERTIORARI
|
| On Behalf Of |
COLTIN ELECTRICAL SERVICES, LLC
|
|
| Docket Date |
2017-08-18
|
| Type |
Order
|
| Subtype |
Order on Motion to Consolidate
|
| Description |
travel together only ~ The appellant/petitioner's motion to consolidate the two above-captioned cases is granted only to the extent that the two cases will travel to the same panel of judges. Separate motions and responses shall be filed in each case. The motion is denied without prejudice to the extent that it seeks consolidation with case 2D17-3191, in which an order to show cause and a motion to dismiss are pending. The appellant/petitioner's motions to add indispensable party filed in each of the two above-captioned cases are denied.This court's June 22, 2017, order to show case in case 2D17-2553 is discharged. Both cases will be subject to jurisdictional review by the merits panel.
|
|
| Docket Date |
2017-08-18
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion/Request for Oral Argument
|
| Description |
Request for Oral Argument
|
| On Behalf Of |
COLTIN ELECTRICAL SERVICES, LLC
|
|
| Docket Date |
2017-08-16
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ RESPONSE TO MOTION TO CONSOLIDATE RELATED APPEALS
|
| On Behalf Of |
COLTIN ELECTRICAL SERVICES, LLC
|
|
| Docket Date |
2017-08-15
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
MISCELLANEOUS ORDER ~ Respondent Coltin Electrical Services' motion to supplement response is grantedto the extent that the respondent may, within 10 days of the date of this order, file anamended response in a single document, incorporating its original response andsupplemental response. The filing should be accompanied by a motion to strike theoriginally filed response. The supplemental response filed August 9, 2017, is stricken.The court notes that the petitioner has filed a reply, which does not appear toaddress the argument in the supplemental response. The petitioner may, within 10days after the respondent files its amended response, file an amended reply along witha motion to strike the originally filed reply.
|
|
| Docket Date |
2017-08-14
|
| Type |
Response
|
| Subtype |
Reply
|
| Description |
REPLY ~ PETITIONER, FARREY'S WHOLESALE HARDWARE CO., INC.'S REPLY TO RESPONDENT'S RESPONSE TO PETITION FOR WRIT OF CERTIORARI
|
| On Behalf Of |
FARREY'S WHOLESALE HARDWARE CO., INC.
|
|
| Docket Date |
2017-08-14
|
| Type |
Record
|
| Subtype |
Appendix to Response
|
| Description |
APPENDICES /ATTACHMENTS TO RESPONSE ~ **Stricken per order of 09-28-17**APPENDIX TO PETITIONER, FARREY'S WHOLESALE HARDWARE CO., INC.'S REPLY TO RESPONDENT'S RESPONSE TO PETITION FOR WRIT OF CERTIORARI
|
| On Behalf Of |
FARREY'S WHOLESALE HARDWARE CO., INC.
|
|
| Docket Date |
2017-08-11
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
|
| On Behalf Of |
FARREY'S WHOLESALE HARDWARE CO., INC.
|
|
| Docket Date |
2017-08-10
|
| Type |
Motions Other
|
| Subtype |
Motion To Consolidate
|
| Description |
Motion To Consolidate
|
| On Behalf Of |
FARREY'S WHOLESALE HARDWARE CO., INC.
|
|
| Docket Date |
2017-08-09
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion to Supplement Record
|
| Description |
Motion to Supplement ~ RESPONSE TO PETITION FOR WRIT OF CERTIORARI
|
| On Behalf Of |
COLTIN ELECTRICAL SERVICES, LLC
|
|
| Docket Date |
2017-08-09
|
| Type |
Response
|
| Subtype |
Supplement
|
| Description |
Supplement ~ TO RESPONSE TO PETITION FOR WRIT OF CERTIORARI
|
| On Behalf Of |
COLTIN ELECTRICAL SERVICES, LLC
|
|
| Docket Date |
2017-08-08
|
| Type |
Notice
|
| Subtype |
Notice of Related Case or Issue
|
| Description |
Notice of Related Case
|
| On Behalf Of |
FARREY'S WHOLESALE HARDWARE CO., INC.
|
|
| Docket Date |
2017-08-03
|
| Type |
Response
|
| Subtype |
Objection
|
| Description |
OBJECTION ~ COLTIN'S OPPOSITION TO MOTION TO ADD INDISPENSABLE PARTY
|
| On Behalf Of |
COLTIN ELECTRICAL SERVICES, LLC
|
|
| Docket Date |
2017-08-01
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
Miscellaneous Motion ~ APPELLANT, FARREY WHOLESALE HARDWARE CO., INC.'S, MOTION TO ADD AN INDISPENSIBLE PARTY
|
| On Behalf Of |
FARREY'S WHOLESALE HARDWARE CO., INC.
|
|
| Docket Date |
2017-08-01
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
|
| On Behalf Of |
COLTIN ELECTRICAL SERVICES, LLC
|
|
| Docket Date |
2017-07-24
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ RESPONSE TO PETITION FOR WRIT OF CERTIORARI
|
| On Behalf Of |
COLTIN ELECTRICAL SERVICES, LLC
|
|
| Docket Date |
2017-07-24
|
| Type |
Record
|
| Subtype |
Appendix to Response
|
| Description |
APPENDICES /ATTACHMENTS TO RESPONSE ~ INDEX TO RESPONDENT COLTIN ELECTRICAL SERVICES, LLC'S APPENDIX
|
| On Behalf Of |
COLTIN ELECTRICAL SERVICES, LLC
|
|
| Docket Date |
2017-06-21
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to File Response
|
| Description |
grant eot for cert response ~ Respondent's motion for extension of time to serve the response is granted. The response shall be served by July 24, 2017.
|
|
| Docket Date |
2017-06-19
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
COLTIN ELECTRICAL SERVICES, LLC
|
|
| Docket Date |
2017-06-19
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to File Response
|
| Description |
Motion for Extension of Time to File Response
|
| On Behalf Of |
COLTIN ELECTRICAL SERVICES, LLC
|
|
| Docket Date |
2017-06-12
|
| Type |
Order
|
| Subtype |
Order to Respond to Petition
|
| Description |
certiorari response - pretrial
|
|
| Docket Date |
2017-05-25
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid through Portal
|
|
| Docket Date |
2017-05-25
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
fee - writ; atty
|
|
| Docket Date |
2017-05-25
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter 1
|
|
| Docket Date |
2017-05-24
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2017-05-24
|
| Type |
Petition
|
| Subtype |
Petition
|
| Description |
Petition Filed
|
| On Behalf Of |
FARREY'S WHOLESALE HARDWARE CO., INC.
|
|
| Docket Date |
2017-05-24
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
ORIGINAL APPENDIX OR ATTACHMENT
|
|
|
