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Lifsey Real Estate And Holdings, Inc., Petitioner(s) v. Victory Lofts At Channelside Condominium Association, Inc., Greenacre Properties, Inc., Shumaker Kendrick And Loop, LLP, Gary Raco, Jenny Gonzalez, Rick Penza, Ellen L. Morgado, Bonna Larson, Jason Davis, Jeremy Ellis, William J. Murray, Anthony Corbett, and James Settirini, Respondent(s).
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2D2024-1715
|
2024-07-25
|
Closed
|
|
| Classification |
Original Proceedings - Circuit Civil - Certiorari
|
| Court |
2nd District Court of Appeal
|
| Originating Court |
Circuit Court for the Thirteenth Judicial Circuit, Hillsborough County
19-CA-2787, 16-CA-3813
|
Parties
| Name |
Lifsey Real Estate And Holdings, Inc.
|
| Role |
Petitioner
|
| Status |
Active
|
| Representations |
Julian Stanford Lifsey
|
|
| Name |
THE VICTORY LOFTS AT CHANNELSIDE CONDOMINIUM ASSOCIATION, INC.
|
| Role |
Respondent
|
| Status |
Active
|
| Representations |
Jonathan Joseph Ellis
|
|
| Name |
GREENACRE PROPERTIES, INC.
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
Shumaker Kendrick And Loop, LLP
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
Gary Raco
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
Jenny Gonzalez
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
Rick Penza
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
Ellen L. Morgado
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
Bonna Larson
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
JASON DAVIS, INC.
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
Jeremy Ellis
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
WILLIAM J. MURRAY, LLC
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
Anthony Corbett
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
James Settirini
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
Hon. Paul Lee Huey
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Hillsborough Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2024-07-25
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
This petition has been filed without a filing fee required by section 35.22(2)(a), Florida Statutes.
Counsel for Petitioner shall forward the required $300.00 filing fee or, if applicable, an affidavit of insolvency in conformity with the requirements of chapter 57, Florida Statutes, to this court within twenty days from the date of this order.
If this court does not receive either of the above within the prescribed time, this petition may be subject to dismissal without further notice.
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| View |
View File
|
|
| Docket Date |
2024-09-18
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
The petition for writ of certiorari is dismissed for lack of jurisdiction. See Parkway Bank v. Fort Myers Armature Works, Inc., 658 So. 2d 646, 648-49 (Fla. 2d DCA 1995).
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| View |
View File
|
|
| Docket Date |
2024-07-25
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
| View |
View File
|
|
| Docket Date |
2024-08-15
|
| Type |
Notice
|
| Subtype |
Notice of Filing
|
| Description |
Notice of Filing Order of the Lower Court
|
| On Behalf Of |
Lifsey Real Estate And Holdings, Inc.
|
|
| Docket Date |
2024-08-01
|
| Type |
Order
|
| Subtype |
Order on Petition
|
| Description |
Within 15 days of the date of this order, Petitioner shall file a copy of the rendered order from which timely review is sought in this court, or this proceeding will be dismissed without further notice.
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| View |
View File
|
|
| Docket Date |
2024-07-31
|
| Type |
Miscellaneous Document
|
| Subtype |
Pay Case Filing Fee-300
|
| Description |
Pay Case Filing Fee-300
|
| On Behalf Of |
Lifsey Real Estate And Holdings, Inc.
|
| View |
View File
|
|
| Docket Date |
2024-07-25
|
| Type |
Record
|
| Subtype |
Appendix to Petition
|
| Description |
Appendix to Petition
|
| On Behalf Of |
Lifsey Real Estate And Holdings, Inc.
|
|
| Docket Date |
2024-07-25
|
| Type |
Petition
|
| Subtype |
Petition Certiorari
|
| Description |
Petition Certiorari
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| On Behalf Of |
Lifsey Real Estate And Holdings, Inc.
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|
|
|
LIFSEY REAL ESTATE AND HOLDINGS, INC., Petitioner(s) v. VICTORY LOFTS AT CHANNELSIDE CONDOMINIUM ASSOCIATION, INC., Respondent(s).
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2D2022-3576
|
2022-11-01
|
Open
|
|
| Classification |
Original Proceedings - Circuit Civil - Certiorari
|
| Court |
2nd District Court of Appeal
|
| Originating Court |
Circuit Court for the Thirteenth Judicial Circuit, Hillsborough County
16-CA-004813
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Parties
| Name |
LIFSEY REAL ESTATE AND HOLDINGS, INC.
|
| Role |
Petitioner
|
| Status |
Active
|
| Representations |
Julian Stanford Lifsey, Kathleen Louise DiSanto
|
|
| Name |
THE VICTORY LOFTS AT CHANNELSIDE CONDOMINIUM ASSOCIATION, INC.
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| Role |
Respondent
|
| Status |
Active
|
| Representations |
Jason W. Davis, Jonathan Joseph Ellis
|
|
| Name |
HON. PAUL L. HUEY
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Hillsborough Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2023-01-03
|
| Type |
Record
|
| Subtype |
Appendix to Motion
|
| Description |
COUNSEL FEES PARTIES MOTION APPENDIX/ATTACHMENT ~ NOT TEXT SEARCHABLE
|
| On Behalf Of |
VICTORY LOFTS AT CHANNELSIDE CONDOMINIUM ASSOCIATION, INC.
|
|
| Docket Date |
2022-12-29
|
| Type |
Record
|
| Subtype |
Appendix to Response
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| Description |
APPENDICES /ATTACHMENTS TO RESPONSE
|
| On Behalf Of |
VICTORY LOFTS AT CHANNELSIDE CONDOMINIUM ASSOCIATION, INC.
|
|
| Docket Date |
2022-12-28
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ RESPONSE TO PETITION FOR WRIT OF CERTIORARI
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| On Behalf Of |
VICTORY LOFTS AT CHANNELSIDE CONDOMINIUM ASSOCIATION, INC.
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|
| Docket Date |
2022-11-28
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| Type |
Order
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| Subtype |
Order to Respond to Petition
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| Description |
certiorari response - pretrial ~ Respondent shall serve a response to the petition for writ of certiorari within 30days. Petitioner may serve a reply within 30 days thereafter.The parties shall keep this court apprised of all hearings or trial dates that mayaffect this proceeding.
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|
| Docket Date |
2024-10-14
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| Type |
Misc. Events
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| Subtype |
Status Report
|
| Description |
Status Report
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| On Behalf Of |
LIFSEY REAL ESTATE AND HOLDINGS, INC.
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|
| Docket Date |
2024-10-02
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| Type |
Order
|
| Subtype |
Order to File Status Report
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| Description |
Within 10 days of the date of this order, Petitioner shall file a status report in accordance with this court's order of August 12, 2024.
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| View |
View File
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|
| Docket Date |
2024-08-12
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| Type |
Order
|
| Subtype |
Order to File Status Report
|
| Description |
Petitioner shall file a status report on the bankruptcy proceedings within 45 days of the date of this order.
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| View |
View File
|
|
| Docket Date |
2024-06-04
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| Type |
Misc. Events
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| Subtype |
Status Report
|
| Description |
NOTICE OF FILING STATUS REPORT OF THE BANKRUPTCY COURT
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| On Behalf Of |
LIFSEY REAL ESTATE AND HOLDINGS, INC.
|
|
| Docket Date |
2024-04-23
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| Type |
Order
|
| Subtype |
Order to File Status Report
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| Description |
Petitioner shall file a status report on the bankruptcy proceedings within 45 days of the date of this order.
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| View |
View File
|
|
| Docket Date |
2024-03-21
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| Type |
Misc. Events
|
| Subtype |
Status Report
|
| Description |
Status Report
|
| On Behalf Of |
LIFSEY REAL ESTATE AND HOLDINGS, INC.
|
|
| Docket Date |
2024-02-08
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
MISCELLANEOUS ORDER ~ Petitioner shall file a status report on the bankruptcy proceedings within 45 daysof the date of this order.
|
|
| Docket Date |
2023-12-08
|
| Type |
Misc. Events
|
| Subtype |
Status Report
|
| Description |
Status Report
|
| On Behalf Of |
LIFSEY REAL ESTATE AND HOLDINGS, INC.
|
|
| Docket Date |
2023-10-25
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
MISCELLANEOUS ORDER ~ Petitioner shall file a status report on the bankruptcy proceedings within 45 daysof the date of this order.
|
|
| Docket Date |
2023-08-03
|
| Type |
Misc. Events
|
| Subtype |
Status Report
|
| Description |
Status Report
|
| On Behalf Of |
LIFSEY REAL ESTATE AND HOLDINGS, INC.
|
|
| Docket Date |
2023-03-10
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| Type |
Notice
|
| Subtype |
Suggestion of Bankruptcy
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| Description |
Suggestion of Bankruptcy
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| On Behalf Of |
LIFSEY REAL ESTATE AND HOLDINGS, INC.
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|
| Docket Date |
2023-02-15
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| Type |
Order
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| Subtype |
Order Vacating/Withdrawing Order
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| Description |
ORDER VACATED ~ The February 14, 2023, fee order referring to an appeal is vacated.
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|
| Docket Date |
2023-02-14
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| Type |
Order
|
| Subtype |
Order on Filing Fee
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| Description |
fee - criminal; atty ~ *VACATED PER 2/15/23 ORDER* This appeal has been filed without a filing fee required by section 35.22(2)(a), Florida Statutes.If the attorney for appellant has not already done so, they shall forward to this court the required $300.00 filing fee or, if applicable, an order of the lower tribunal or a certificate of indigency from the clerk finding appellant insolvent within twenty days from the date of this order.If this court does not receive any of the above within the prescribed time, this appeal may be subject to dismissal without further notice and appellant's counsel may risk sanctions if this directive is ignored.
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|
| Docket Date |
2023-01-26
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| Type |
Response
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| Subtype |
Reply
|
| Description |
REPLY
|
| On Behalf Of |
LIFSEY REAL ESTATE AND HOLDINGS, INC.
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|
| Docket Date |
2023-01-26
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| Type |
Motions Relating to Attorney Fees/Costs
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| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees ~ APPELLANT'S MOTION FOR ATTORNEY'S FEE AWARD
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| On Behalf Of |
LIFSEY REAL ESTATE AND HOLDINGS, INC.
|
|
| Docket Date |
2023-01-26
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| Type |
Record
|
| Subtype |
Appendix to Response
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| Description |
APPENDICES /ATTACHMENTS TO RESPONSE
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| On Behalf Of |
LIFSEY REAL ESTATE AND HOLDINGS, INC.
|
|
| Docket Date |
2023-01-04
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| Type |
Order
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| Subtype |
Amended/Additional Filing(s) Needed
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| Description |
Corrected Appendix Required ~ The appendix to the respondent’s motion for attorney fees does not comply with Florida Rule of Appellate Procedure 9.220(c). •Appendix is not text searchable.Respondent shall file a corrected appendix within ten days from the date of this order.
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|
| Docket Date |
2023-01-04
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| Type |
Record
|
| Subtype |
Appendix to Motion
|
| Description |
COUNSEL FEES PARTIES MOTION APPENDIX/ATTACHMENT
|
| On Behalf Of |
VICTORY LOFTS AT CHANNELSIDE CONDOMINIUM ASSOCIATION, INC.
|
|
| Docket Date |
2023-01-03
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| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees ~ RESPONDENT'S MOTION FOR AWARD OF APPELLATE ATTORNEY FEES AND COSTS
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| On Behalf Of |
VICTORY LOFTS AT CHANNELSIDE CONDOMINIUM ASSOCIATION, INC.
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|
| Docket Date |
2022-11-21
|
| Type |
Notice
|
| Subtype |
Notice of Filing
|
| Description |
Notice of Filing ~ INDEX AND APPENDIX
|
| On Behalf Of |
LIFSEY REAL ESTATE AND HOLDINGS, INC.
|
|
| Docket Date |
2022-11-21
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
CORRECTED APPENDIX OR ATTACHMENT
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| On Behalf Of |
LIFSEY REAL ESTATE AND HOLDINGS, INC.
|
|
| Docket Date |
2022-11-18
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
ORIGINAL APPENDIX OR ATTACHMENT ~ NOT TEXT SEARCHABLE
|
| On Behalf Of |
LIFSEY REAL ESTATE AND HOLDINGS, INC.
|
|
| Docket Date |
2022-11-18
|
| Type |
Order
|
| Subtype |
Amended/Additional Filing(s) Needed
|
| Description |
Corrected Appendix Required ~ The appendix to the Petition does not comply with Florida Rule of Appellate Procedure 9.220(c). •Appendix is not text searchable.Petitioner shall file a corrected appendix within ten days from the date of this order.
|
|
| Docket Date |
2022-11-18
|
| Type |
Petition
|
| Subtype |
Petition Certiorari
|
| Description |
Petition for Certiorari Filed
|
| On Behalf Of |
LIFSEY REAL ESTATE AND HOLDINGS, INC.
|
|
| Docket Date |
2022-11-04
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter 1 ~ amended
|
|
| Docket Date |
2022-11-03
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter 1
|
|
| Docket Date |
2022-11-01
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
HL:Fee Owed
|
|
| Docket Date |
2022-11-01
|
| Type |
Petition
|
| Subtype |
Petition
|
| Description |
Petition Filed ~ W/ORDER
|
| On Behalf Of |
LIFSEY REAL ESTATE AND HOLDINGS, INC.
|
|
| Docket Date |
2024-12-13
|
| Type |
Misc. Events
|
| Subtype |
Status Report
|
| Description |
Status Report
|
| On Behalf Of |
LIFSEY REAL ESTATE AND HOLDINGS, INC.
|
|
| Docket Date |
2024-10-31
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| Type |
Order
|
| Subtype |
Order to File Status Report
|
| Description |
Petitioner shall file a status report on the bankruptcy proceedings within 45 days of the date of this order.
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| View |
View File
|
|
| Docket Date |
2023-04-05
|
| Type |
Order
|
| Subtype |
Order re Stay
|
| Description |
bankruptcy stay ~ This court is prevented from any action in this appeal due to the automatic stayprovision of 11 U.S.C. Section § 362, Bankruptcy Code, unless a party receives stayrelief from the bankruptcy court which at this time has jurisdiction.The parties are directed to inform this court when the bankruptcy court grantsrelief from the automatic stay or when the stay lapses. If neither of these events occurswithin 120 days of this order, the parties are requested to provide this court withindividual status reports or a joint report.
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|
| Docket Date |
2023-03-29
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| Type |
Notice
|
| Subtype |
Notice of Filing
|
| Description |
Notice of Filing ~ NOTICE OF FILINGBANKRUPTCY COURT'S ORDER ON DEBTOR'SEMERGENCY MOTION TO EXTEND THE AUTOMATIC STAY TO UNSTAYED APPEALS OR, ALTERNATIVELY, ABATING APPEALS AND SCHEDULING CONTINUED HEARING
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| On Behalf Of |
LIFSEY REAL ESTATE AND HOLDINGS, INC.
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|
| Docket Date |
2022-11-03
|
| Type |
Order
|
| Subtype |
Order Reclassifying Case
|
| Description |
cert conversion from appeal ~ This will proceed in certiorari. Petitioner shall submit a petition with appendices within fifteen days or this proceeding will be at risk of dismissal without further notice. The petition submitted shall carry the appellate case number on this order.
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LIFSEY REAL ESTATE AND HOLDINGS INC., ET AL VS THE VICTORY LOFTS AT CHANNELSIDE CONDOMINIUM ASSOCIATION INC.
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2D2022-3540
|
2022-10-31
|
Closed
|
|
| Classification |
Original Proceedings - Circuit Civil - Prohibition
|
| Court |
2nd District Court of Appeal
|
| Originating Court |
Circuit Court for the Thirteenth Judicial Circuit, Hillsborough County
16-CA-4813
|
Parties
| Name |
J. STANFORD LIFSEY, ESQ.
|
| Role |
Petitioner
|
| Status |
Active
|
|
| Name |
LIFSEY REAL ESTATE AND HOLDINGS INC.
|
| Role |
Petitioner
|
| Status |
Active
|
|
| Name |
THE VICTORY LOFTS AT CHANNELSIDE CONDOMINIUM ASSOCIATION, INC.
|
| Role |
Respondent
|
| Status |
Active
|
| Representations |
JONATHAN J. ELLIS, ESQ., Melissa A Santalone, Esq., JASON W. DAVIS, ESQ.
|
|
| Name |
HON. PAUL L. HUEY
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
HILLSBOROUGH CLERK
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2023-05-01
|
| Type |
Misc. Events
|
| Subtype |
Case Closed
|
| Description |
Case Closed
|
|
| Docket Date |
2023-02-27
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
MISCELLANEOUS ORDER ~ Petitioner’s request to file an amended motion for rehearing, rehearing en banc, and request for written opinion is granted. The initial motion requesting rehearing, rehearing en banc, and a written opinion is stricken. The amended motion is accepted as filed.Petitioner’s amended motion for rehearing, rehearing en banc, and a written opinion is stricken in part and denied in part. Petitioner’s request for rehearing en banc is stricken as facially insufficient. See Fla. R. App. P. 9.331(d)(2) (requiring that the attorney’s rehearing en banc statement specifically identify the conflicting decisions of the appellate court). Petitioner’s requests for rehearing and a written opinion are denied.
|
|
| Docket Date |
2023-02-06
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
Miscellaneous Motion ~ PETITIONER'S MOTION TO FILE AMENDED MOTION FOR REHEARING, REHEARING EN BANC AND REQUEST FOR WRITTEN OPINHON
|
| On Behalf Of |
J. STANFORD LIFSEY, ESQ.
|
|
| Docket Date |
2023-02-06
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion for Rehearing
|
| Description |
Motion for Rehearing / Rehearing En Banc ~ AMENDED APPELLANT'S MOTION FOR REHEARING AND REHEARING EN BANC
|
| On Behalf Of |
J. STANFORD LIFSEY, ESQ.
|
|
| Docket Date |
2023-01-24
|
| Type |
Disposition
|
| Subtype |
Denied
|
| Description |
Denied - Order by Judge ~ SILBERMAN, SLEET, and ATKINSON
|
|
| Docket Date |
2023-01-24
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
MISCELLANEOUS ORDER ~ Respondent's motion for award of appellateattorneys' fees and costs is remanded in part and stricken in part. To the extent that the motion seeks a costs award, the motion is stricken without prejudice to the Respondent's right to file a timely motion with the lower tribunal. See Fla. R. App. P. 9.400(a). The motion is otherwise remanded to the lower tribunal. Upon a determination of entitlement, the lower tribunal may award respondent reasonable attorneys' fees inconnection with this proceeding.
|
|
| Docket Date |
2023-01-24
|
| Type |
Disposition by Order
|
| Subtype |
Denied
|
| Description |
denial of prohibition ~ Petitioner's petition for writ of prohibition is denied. Petitioner's motion for awardof appellate attorneys' fees is denied. Respondent's motion for award of appellateattorneys' fees and costs is remanded in part and stricken in part. To the extent that themotion seeks a costs award, the motion is stricken without prejudice to theRespondent's right to file a timely motion with the lower tribunal. See Fla. R. App. P.9.400(a). The motion is otherwise remanded to the lower tribunal. Upon a determinationof entitlement, the lower tribunal may award respondent reasonable attorneys' fees inconnection with this proceeding.
|
|
| Docket Date |
2023-01-02
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees ~ PETITIONER'S RESPONSE AND MOTION FOR AWARD OF APPELLATE ATTONEYS FEES
|
| On Behalf Of |
J. STANFORD LIFSEY, ESQ.
|
|
| Docket Date |
2022-12-30
|
| Type |
Brief
|
| Subtype |
Appendix
|
| Description |
Appendix for Reply Brief
|
| On Behalf Of |
J. STANFORD LIFSEY, ESQ.
|
|
| Docket Date |
2022-12-22
|
| Type |
Record
|
| Subtype |
Appendix to Motion
|
| Description |
COUNSEL FEES PARTIES MOTION APPENDIX/ATTACHMENT
|
| On Behalf Of |
THE VICTORY LOFTS AT CHANNELSIDE CONDOMINIUM ASSOCIATION INC.
|
|
| Docket Date |
2022-12-22
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Fees and Cost
|
| On Behalf Of |
THE VICTORY LOFTS AT CHANNELSIDE CONDOMINIUM ASSOCIATION INC.
|
|
| Docket Date |
2022-12-01
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ RESPONSE TO PETITION FOR WRIT OF PROHIBITION
|
| On Behalf Of |
THE VICTORY LOFTS AT CHANNELSIDE CONDOMINIUM ASSOCIATION INC.
|
|
| Docket Date |
2022-12-01
|
| Type |
Record
|
| Subtype |
Appendix to Response
|
| Description |
APPENDICES /ATTACHMENTS TO RESPONSE
|
| On Behalf Of |
THE VICTORY LOFTS AT CHANNELSIDE CONDOMINIUM ASSOCIATION INC.
|
|
| Docket Date |
2022-10-31
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter 1
|
|
| Docket Date |
2022-10-31
|
| Type |
Order
|
| Subtype |
Order to Respond to Petition
|
| Description |
prohibition response ~ Respondent shall serve a response to the petition for writ of prohibition within 30days. The petitioner may reply within 30 days of service of the response. This orderdoes not operate as a stay of the lower tribunal proceedings pursuant to Florida Rule ofAppellate Procedure 9.100(h).
|
|
| Docket Date |
2022-10-31
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2022-10-31
|
| Type |
Petition
|
| Subtype |
Petition
|
| Description |
Petition Filed
|
| On Behalf Of |
J. STANFORD LIFSEY, ESQ.
|
|
| Docket Date |
2022-10-31
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
ORIGINAL APPENDIX OR ATTACHMENT
|
| On Behalf Of |
J. STANFORD LIFSEY, ESQ.
|
|
|
|
LIFSEY REAL ESTATE AND HOLDINGS, INC., Appellant(s) v. THE VICTORY LOFTS AT CHANNELSIDE CONDOMINIUM ASSOCIATION INC., RICK PENZA, WILLIAM J. MURRAY, JENNY GONZALEZ, BONNA LARSON, GREENACRE PROPERTIES, INC., SHUMAKER KENDRICK AND LOOP LLP, JASON W. DAVIS, ESQ., ANTHONY CORBETT, ELLEN L. MORGADO, GARY RACO, JAMES SETTIRINI, JEREMY ELLIS, Appellee(s).
|
2D2022-3014
|
2022-09-14
|
Open
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
2nd District Court of Appeal
|
| Originating Court |
Circuit Court for the Thirteenth Judicial Circuit, Hillsborough County
19-CA-002787, 16-CA-004813
Circuit Court for the Thirteenth Judicial Circuit, Hillsborough County
16-CA-004813
|
Parties
| Name |
LIFSEY REAL ESTATE AND HOLDINGS, INC.
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Julian Stanford Lifsey, Kathleen Louise DiSanto
|
|
| Name |
THE VICTORY LOFTS AT CHANNELSIDE CONDOMINIUM ASSOCIATION, INC.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Jessica Ann Cauley, Melissa A. Santalone, David Shawn O'Quinn, Jonathan Joseph Ellis
|
|
| Name |
RICK PENZA
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
WILLIAM J. MURRAY, LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
JENNY GONZALEZ
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
BONNA LARSON
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
GREENACRE PROPERTIES, INC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
SHUMAKER KENDRICK AND LOOP LLP
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Jason W. Davis
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
ANTHONY CORBETT
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
ELLEN L. MORGADO
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
GARY RACO
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
JAMES SETTIRINI
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
JEREMY ELLIS
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
HON. PAUL L. HUEY
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Hon. Paul Lee Huey
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Hillsborough Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2023-06-06
|
| Type |
Order
|
| Subtype |
Order to File Status Report
|
| Description |
status report/bankruptcy ~ Appellant shall file a status report on the bankruptcy proceedings within 30 daysof the date of this order.
|
|
| Docket Date |
2023-06-05
|
| Type |
Misc. Events
|
| Subtype |
Status Report
|
| Description |
Status Report
|
| On Behalf Of |
LIFSEY REAL ESTATE AND HOLDINGS, INC.
|
|
| Docket Date |
2023-04-19
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
MISCELLANEOUS ORDER ~ Pursuant to March 28, 2023, order rendered by the United States BankruptcyCourt, Middle District of Florida, this appeal is stayed. Appellant shall file a status reporton the bankruptcy proceedings within forty-five days of the date of this order.
|
|
| Docket Date |
2024-11-08
|
| Type |
Misc. Events
|
| Subtype |
Status Report
|
| Description |
Status Report
|
| On Behalf Of |
LIFSEY REAL ESTATE AND HOLDINGS, INC.
|
|
| Docket Date |
2024-08-22
|
| Type |
Order
|
| Subtype |
Order to File Status Report
|
| Description |
Appellant shall file a status report on the bankruptcy proceedings within ninety days of the date of this order.
|
| View |
View File
|
|
| Docket Date |
2024-08-20
|
| Type |
Misc. Events
|
| Subtype |
Status Report
|
| Description |
TRUSTEE'S FIFTH STATUS REPORT
|
|
| Docket Date |
2024-08-09
|
| Type |
Order
|
| Subtype |
Order to File Status Report
|
| Description |
Appellant shall file a status report on the bankruptcy proceedings within ninety days of the date of this order.
|
| View |
View File
|
|
| Docket Date |
2024-08-07
|
| Type |
Misc. Events
|
| Subtype |
Status Report
|
| Description |
Status Report
|
| On Behalf Of |
LIFSEY REAL ESTATE AND HOLDINGS, INC.
|
|
| Docket Date |
2024-05-21
|
| Type |
Order
|
| Subtype |
Order to File Status Report
|
| Description |
Appellant shall file a status report on the bankruptcy proceedings within ninety days of the date of this order.
|
| View |
View File
|
|
| Docket Date |
2024-05-13
|
| Type |
Misc. Events
|
| Subtype |
Status Report
|
| Description |
TRUSTEE'S FOURTH STATUS REPORT
|
|
| Docket Date |
2024-04-11
|
| Type |
Motions Relating to Parties and Counsel
|
| Subtype |
Motion To Withdraw as Counsel
|
| Description |
Motion To Withdraw as Counsel
|
| On Behalf Of |
LIFSEY REAL ESTATE AND HOLDINGS, INC.
|
|
| Docket Date |
2024-02-12
|
| Type |
Order
|
| Subtype |
Order to File Status Report
|
| Description |
status report/bankruptcy ~ Appellant shall file a status report on the bankruptcy proceedings within ninetydays of the date of this order.
|
|
| Docket Date |
2024-02-12
|
| Type |
Misc. Events
|
| Subtype |
Status Report
|
| Description |
Status Report
|
|
| Docket Date |
2024-02-09
|
| Type |
Misc. Events
|
| Subtype |
Status Report
|
| Description |
Status Report
|
| On Behalf Of |
LIFSEY REAL ESTATE AND HOLDINGS, INC.
|
|
| Docket Date |
2023-12-27
|
| Type |
Order
|
| Subtype |
Order to File Status Report
|
| Description |
status report/bankruptcy ~ Appellant shall file a status report on the bankruptcy proceedings within 45 daysof the date of this order.
|
|
| Docket Date |
2023-12-22
|
| Type |
Misc. Events
|
| Subtype |
Status Report
|
| Description |
Status Report ~ TRUSTEE'S SECOND STATUS REPORT
|
|
| Docket Date |
2023-11-14
|
| Type |
Order
|
| Subtype |
Order to File Status Report
|
| Description |
status report within * days ~ Appellant shall file a status report on the bankruptcy proceedings within 45 days of the date of this order.
|
|
| Docket Date |
2023-11-13
|
| Type |
Misc. Events
|
| Subtype |
Status Report
|
| Description |
Status Report
|
|
| Docket Date |
2023-11-10
|
| Type |
Misc. Events
|
| Subtype |
Status Report
|
| Description |
Status Report ~ NOTICE OF FILING ORDER OF THE BANKRUPTCY COURT
|
| On Behalf Of |
LIFSEY REAL ESTATE AND HOLDINGS, INC.
|
|
| Docket Date |
2023-09-27
|
| Type |
Order
|
| Subtype |
Order to File Status Report
|
| Description |
status report/bankruptcy ~ Appellant shall file a status report on the bankruptcy proceedings within 45 daysof the date of this order.
|
|
| Docket Date |
2023-09-26
|
| Type |
Misc. Events
|
| Subtype |
Status Report
|
| Description |
Status Report ~ NOTICE OF FILING ORDER OF THE BANKRUPTCY COURT
|
| On Behalf Of |
LIFSEY REAL ESTATE AND HOLDINGS, INC.
|
|
| Docket Date |
2023-08-11
|
| Type |
Order
|
| Subtype |
Order to File Status Report
|
| Description |
status report within * days ~ Appellant shall file a status report on the bankruptcy proceedings within 45 days of the date of this order.
|
|
| Docket Date |
2023-08-09
|
| Type |
Misc. Events
|
| Subtype |
Status Report
|
| Description |
Status Report
|
| On Behalf Of |
LIFSEY REAL ESTATE AND HOLDINGS, INC.
|
|
| Docket Date |
2023-07-10
|
| Type |
Order
|
| Subtype |
Order to File Status Report
|
| Description |
status report/bankruptcy ~ Appellant shall file a status report on the bankruptcy proceedings within 30 days of the date of this order.
|
|
| Docket Date |
2023-07-06
|
| Type |
Misc. Events
|
| Subtype |
Status Report
|
| Description |
Status Report ~ SECOND
|
| On Behalf Of |
LIFSEY REAL ESTATE AND HOLDINGS, INC.
|
|
| Docket Date |
2023-03-29
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE
|
| On Behalf Of |
LIFSEY REAL ESTATE AND HOLDINGS, INC.
|
|
| Docket Date |
2023-03-06
|
| Type |
Notice
|
| Subtype |
Suggestion of Bankruptcy
|
| Description |
Suggestion of Bankruptcy ~ NOTICE OF ENTRY OF ORDER FOR RELIEF AND OF AUTOMATIC STAY
|
| On Behalf Of |
LIFSEY REAL ESTATE AND HOLDINGS, INC.
|
|
| Docket Date |
2023-02-22
|
| 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 by March 29, 2023.
|
|
| Docket Date |
2023-02-21
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
LIFSEY REAL ESTATE AND HOLDINGS, INC.
|
|
| Docket Date |
2023-02-21
|
| 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 |
LIFSEY REAL ESTATE AND HOLDINGS, INC.
|
|
| Docket Date |
2023-02-15
|
| Type |
Order
|
| Subtype |
Order on Motion For Clarification
|
| Description |
Deny Clarification-78a ~ Appellant’s motion for clarification is denied. The record was transmitted to this court on January 25, 2023. To the extent that the record is incomplete, Appellant must file a motion to supplement the record.
|
|
| Docket Date |
2023-01-25
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ HUEY - 3831 PAGES -REDACTED
|
| On Behalf Of |
Hillsborough Clerk
|
|
| Docket Date |
2023-01-20
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion For Clarification
|
| Description |
Motion For Clarification
|
| On Behalf Of |
LIFSEY REAL ESTATE AND HOLDINGS, INC.
|
|
| Docket Date |
2023-01-05
|
| 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 shallbe served by February 27, 2023.
|
|
| Docket Date |
2022-12-19
|
| 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 |
LIFSEY REAL ESTATE AND HOLDINGS, INC.
|
|
| Docket Date |
2022-12-08
|
| Type |
Order
|
| Subtype |
Order to Serve Brief
|
| Description |
Order for Immediate Filing of Brief ~ Appellant's initial brief shall be served within 20 days from the date of this order.
|
|
| Docket Date |
2022-10-05
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid through Portal
|
| On Behalf Of |
LIFSEY REAL ESTATE AND HOLDINGS, INC.
|
|
| Docket Date |
2022-09-15
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
THE VICTORY LOFTS AT CHANNELSIDE CONDOMINIUM ASSOCIATION INC.
|
|
| Docket Date |
2022-09-15
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter 1
|
|
| Docket Date |
2022-09-14
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed ~ WITH ORDER
|
| On Behalf Of |
LIFSEY REAL ESTATE AND HOLDINGS, INC.
|
|
| Docket Date |
2022-09-14
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2024-11-22
|
| Type |
Misc. Events
|
| Subtype |
Status Report
|
| Description |
Status Report
|
|
| Docket Date |
2024-11-14
|
| Type |
Order
|
| Subtype |
Order to File Status Report
|
| Description |
Appellant shall file a status report on the bankruptcy proceedings within ninety days of the date of this order.
|
| View |
View File
|
|
| Docket Date |
2024-04-19
|
| Type |
Order
|
| Subtype |
Order on Motion To Withdraw as Counsel
|
| Description |
The motion to withdraw as counsel for Appellant filed by Marie A. Borland, Gregory P. Brown, Tori C. Simmons, and Jacob Z. Coates is granted. Attorneys Borland, Brown, Simmons, and Coates are relieved of further appellate responsibilities. Attorneys J. Stanford Lifsey and Kathleen DiSanto are counsel of record for Appellant.
|
| View |
View File
|
|
| Docket Date |
2023-03-15
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
MISCELLANEOUS ORDER ~ Within fifteen days of the date of this order, Appellant shall show cause why thisappeal should not proceed as it appears that the automatic stay provision of 11 U.S.C. §362(a) does not apply because the action in circuit court case 19-CA-2787 was notagainst the debtor. See Crowe v. Grp., Inc. v. Garner, 691 So. 2d 1089, 1089 (Fla. 2dDCA 1993) (“[T]he determination of whether a case on appeal is stayed [pursuant to 11U.S.C. § 362(a)] depends upon its inception, with the stay applying against proceedingsoriginally brought against the debtor . . . .” (emphasis added)); accord In re Kozich, 406B.R. 949, 953 (Bankr. S.D. Fla. 2009). Appellee may serve a reply within fifteen days ofAppellant’s response.
|
|
|
|
LIFSEY REAL ESTATE AND HOLDINGS INC., Appellant(s) v. THE VICTORY LOFTS AT CHANNELSIDE CONDOMINIUM ASSOCIATION, INC. ET AL., Appellee(s).
|
2D2022-2153
|
2022-07-05
|
Open
|
|
| Classification |
NOA Non Final - Circuit Civil - Other
|
| Court |
2nd District Court of Appeal
|
| Originating Court |
Circuit Court for the Thirteenth Judicial Circuit, Hillsborough County
19-CA-2787
|
Parties
| Name |
LIFSEY REAL ESTATE AND HOLDINGS INC.
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Julian Stanford Lifsey
|
|
| Name |
GREENACRE PROPERTIES, INC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
JENNY GONZALEZ
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
JEREMY ROGERS
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
ANTHONY CORBETT
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
RICK PENZA
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
GARY RACO
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
WILLIAM J. MURRAY, LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
JAMES SETTIRNI
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
SHUMAKER LOOP & KENDRICK, L L P
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
THE VICTORY LOFTS AT CHANNELSIDE CONDOMINIUM ASSOCIATION, INC.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Jessica Ann Cauley, Jason W. Davis, Melissa A. Santalone, David Shawn O'Quinn
|
|
| Name |
SUSAN REINA
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
BONNA LARSON
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
ELLEN L. MORGADO
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
HON. PAUL L. HUEY
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Hillsborough Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2023-07-27
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
ORD-SUA SPONTE ~ The March 28, 2023, order of the bankruptcy court provides that this appeal shall be stayed pending the conclusion of the continued preliminary hearing scheduled on May 9, 2023. According to appellant's May 19, 2023, status update, at the May 9 hearing the bankruptcy court did not make any findings that this appeal is subject to an automatic stay and scheduled a continued preliminary hearing on June 20, 2023. On July 3, 2023, appellant filed a status update indicating that the bankruptcy court continued the preliminary hearing to July 20, 2023, and that this appeal remains stayed. Following the July 20 hearing, appellant filed a status update indicating that the bankruptcy court continued the preliminary hearing to September 7, 2023, and that this appeal remains stayed. Within five days of the September 7 hearing, appellant shall file a status update addressing the status of the bankruptcy proceeding and any impact it may have on this court's ability to proceed forward to dispose of this case.
|
|
| Docket Date |
2023-07-25
|
| Type |
Misc. Events
|
| Subtype |
Status Report
|
| Description |
Status Report ~ THIRD STATUS REPORT
|
|
| Docket Date |
2023-07-06
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
ORD-SUA SPONTE ~ The March 28, 2023, order of the bankruptcy court provides that this appeal shall be stayed pending the conclusion of the continued preliminary hearing scheduled on May 9, 2023. According to appellant's May 19, 2023, status update, at the May 9 hearing the bankruptcy court did not make any findings that this appeal is subject to an automatic stay and scheduled a continued preliminary hearing on June 20, 2023. On July 3, 2023, appellant filed another status update indicating that the bankruptcy court continued the preliminary hearing to July 20, 2023, and that this appeal remains stayed. Within five days of the July 20 hearing, appellant shall file a status update addressing the status of the bankruptcy proceeding and any impact it may have on this court's ability to proceed forward to dispose of this case.
|
|
| Docket Date |
2022-12-08
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Fees and Cost ~ APPELLANT'S MOTION FOR AWARD OF ATTORNEYS FEES
|
| On Behalf Of |
LIFSEY REAL ESTATE AND HOLDINGS INC.
|
|
| Docket Date |
2022-12-08
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant Reply Brief
|
| On Behalf Of |
LIFSEY REAL ESTATE AND HOLDINGS INC.
|
|
| Docket Date |
2022-12-08
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion/Request for Oral Argument
|
| Description |
Request for Oral Argument
|
| On Behalf Of |
LIFSEY REAL ESTATE AND HOLDINGS INC.
|
|
| Docket Date |
2024-12-04
|
| Type |
Order
|
| Subtype |
Order to File Status Report
|
| Description |
Appellant filed a status update on November 26, 2024, indicating that the stay remains in effect due to the pending bankruptcy proceeding. Within ninety days appellant shall file another status update addressing the status of the bankruptcy proceeding and any impact it may have on this court's ability to proceed forward to dispose of this case.
|
| View |
View File
|
|
| Docket Date |
2024-11-26
|
| Type |
Misc. Events
|
| Subtype |
Status Report
|
| Description |
Status Report
|
| On Behalf Of |
LIFSEY REAL ESTATE AND HOLDINGS INC.
|
|
| Docket Date |
2024-08-30
|
| Type |
Order
|
| Subtype |
Order to File Status Report
|
| Description |
Within ninety days Appellant shall file a status update addressing the status of the bankruptcy proceeding and any impact it may have on this court's ability to proceed forward to dispose of this case.
|
| View |
View File
|
|
| Docket Date |
2024-08-26
|
| Type |
Misc. Events
|
| Subtype |
Status Report
|
| Description |
Status Report
|
| On Behalf Of |
LIFSEY REAL ESTATE AND HOLDINGS INC.
|
|
| Docket Date |
2024-06-25
|
| Type |
Order
|
| Subtype |
Order to File Status Report
|
| Description |
Within sixty days appellant shall file a status update addressing the status of the bankruptcy proceeding and any impact it may have on this court's ability to proceed forward to dispose of this case.
|
| View |
View File
|
|
| Docket Date |
2024-06-13
|
| Type |
Misc. Events
|
| Subtype |
Status Report
|
| Description |
Status Report
|
| On Behalf Of |
LIFSEY REAL ESTATE AND HOLDINGS INC.
|
|
| Docket Date |
2024-04-30
|
| Type |
Order
|
| Subtype |
Order to File Status Report
|
| Description |
Within forty-five days appellant shall file a status update
addressing the status of the bankruptcy proceeding and indicating when
the trustee anticipates having completed the evaluation of appellant's
pending appeals.
|
| View |
View File
|
|
| Docket Date |
2024-04-25
|
| Type |
Misc. Events
|
| Subtype |
Status Report
|
| Description |
Status Report
|
| On Behalf Of |
LIFSEY REAL ESTATE AND HOLDINGS INC.
|
|
| Docket Date |
2024-03-07
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
MISCELLANEOUS ORDER ~ Within forty-five days appellant shall file a status update addressing the status ofthe bankruptcy proceeding and any impact it may have on this court's ability to proceedforward to dispose of this case.
|
|
| Docket Date |
2024-03-05
|
| Type |
Misc. Events
|
| Subtype |
Status Report
|
| Description |
Status Report
|
| On Behalf Of |
LIFSEY REAL ESTATE AND HOLDINGS INC.
|
|
| Docket Date |
2024-03-04
|
| Type |
Order
|
| Subtype |
Order to File Status Report
|
| Description |
status report within * days ~ On November 21, 2023, appellant notified this court that the bankruptcy court had issued an order on October 16, 2023, converting the bankruptcy case from a Chapter 11 proceeding to a Chapter 7 proceeding. Appellant asserted that the stay remained in effect. Within five days of this order appellant shall file a status update addressing the status of the bankruptcy proceeding and any impact it may have on this court's ability to proceed forward to dispose of this case.
|
|
| Docket Date |
2023-11-30
|
| Type |
Misc. Events
|
| Subtype |
Status Report
|
| Description |
Status Report ~ AMENDED NOTICE OF FILING ORDER OF THE BANKRUPTCY COURT
|
| On Behalf Of |
LIFSEY REAL ESTATE AND HOLDINGS INC.
|
|
| Docket Date |
2023-11-29
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
ORD-SUA SPONTE ~ On November 21, 2023, the appellant filed a status update indicating that the bankruptcy court had granted the motion for rehearing. The status update indicates that a copy of the bankruptcy court's order was also filed, but it was not. Within five days the appellant shall file a copy of the order referenced in the status update.
|
|
| Docket Date |
2023-11-21
|
| Type |
Misc. Events
|
| Subtype |
Status Report
|
| Description |
Status Report
|
| On Behalf Of |
LIFSEY REAL ESTATE AND HOLDINGS INC.
|
|
| Docket Date |
2023-11-21
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
ORD-SUA SPONTE ~ On September 12, 2023, the appellant filed a status update indicating that the bankruptcy case had been dismissed by order dated September 7, 2023. The status update further provided that the trustee had filed a motion for rehearing of the September 7 bankruptcy order. By order dated September 14, 2023, the appellant was directed to file a status update within five days of the bankruptcy court ruling on the motion for rehearing. Within five days of this order, appellant shall file a status update advising this court whether the motion for rehearing is still pending before the bankruptcy court. If the bankruptcy court has ruled on the motion for rehearing, the appellant shall address the impact that ruling may have on this court's ability to proceed forward to dispose of this case.
|
|
| Docket Date |
2023-09-14
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
ORD-SUA SPONTE ~ On September 12, 2023, the appellant filed a status update indicating that the bankruptcy case was dismissed by order dated September 7, 2023. The status update further provides, however, that the trustee filed a motion for rehearing of the September 7 bankruptcy order. Within five days of the bankruptcy court ruling on the motion for rehearing the appellant shall file a status update addressing the status of the bankruptcy proceeding and any impact it may have on this court's ability to proceed forward to dispose of this case.
|
|
| Docket Date |
2023-09-12
|
| Type |
Misc. Events
|
| Subtype |
Status Report
|
| Description |
Status Report
|
| On Behalf Of |
LIFSEY REAL ESTATE AND HOLDINGS INC.
|
|
| Docket Date |
2022-12-26
|
| Type |
Notice
|
| Subtype |
Notice of Filing
|
| Description |
Notice of Filing ~ SUPPLEMENTAL INFORMATION
|
| On Behalf Of |
LIFSEY REAL ESTATE AND HOLDINGS INC.
|
|
| Docket Date |
2023-07-03
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
ORD-SUA SPONTE ~ The March 28, 2023, order of the bankruptcy court provides that this appeal shall be stayed pending the conclusion of the continued preliminary hearing scheduled on May 9, 2023. According to appellant's May 19, 2023, status update, at the May 9 hearing the bankruptcy court did not make any findings that this appeal is subject to an automatic stay and scheduled a continued preliminary hearing on June 20, 2023. On May 25, 2023, this court issued an order directing appellant to file a status update within five days of the June 20 hearing. To date, appellant has not complied with that order. Within five days of this order, appellant shall file a status update addressing the status of the bankruptcy proceeding and any impact it may have on this court's ability to proceed forward to dispose of this case.
|
|
| Docket Date |
2023-07-03
|
| Type |
Misc. Events
|
| Subtype |
Status Report
|
| Description |
Status Report ~ SECOND STATUS REPORT
|
|
| Docket Date |
2023-05-25
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
MISCELLANEOUS ORDER ~ The March 28, 2023, order of the bankruptcy court provides that this appeal shallbe stayed pending the conclusion of the continued preliminary hearing scheduled onMay 9, 2023. According to Appellant's May 19, 2023, status update, at the May 9,2023, hearing the bankruptcy court did not make any findings that this appeal is subjectto an automatic stay and scheduled a continued preliminary hearing on June 20, 2023.Within five days of the June 20, 2023, hearing, Appellant shall file a status update in thiscourt addressing the status of the bankruptcy proceeding and any impact it may haveon this court's ability to proceed forward to dispose of this case.
|
|
| Docket Date |
2023-05-19
|
| Type |
Misc. Events
|
| Subtype |
Status Report
|
| Description |
Status Report
|
|
| Docket Date |
2023-04-05
|
| Type |
Order
|
| Subtype |
Order to File Status Report
|
| Description |
status report/bankruptcy ~ The March 28, 2023, order of the bankruptcy court provides that this appeal shall be stayed pending the conclusion of the continued preliminary hearing scheduled on May 9, 2023. Within ten days of that hearing, appellant shall file a status update in this court addressing the status of the bankruptcy proceeding and any impact it may have on this court's ability to proceed forward to dispose of this case.
|
|
| Docket Date |
2023-04-03
|
| Type |
Misc. Events
|
| Subtype |
Status Report
|
| Description |
Status Report ~ NOTICE OF FILING ORDER OF THE BANKRUPTCY COURT
|
| On Behalf Of |
LIFSEY REAL ESTATE AND HOLDINGS INC.
|
|
| Docket Date |
2023-03-29
|
| Type |
Notice
|
| Subtype |
Notice of Filing
|
| Description |
Notice of Filing ~ NOTICE OF FILING BANKRUPTCY COURT'S ORDER ON DEBTOR'SEMERGENCY MOTION TO EXTEND THE AUTOMATIC STAY TO UNSTAYED APPEALS OR, ALTERNATIVELY, ABATING APPEALS AND SCHEDULING CONTINUED HEARING
|
|
| Docket Date |
2023-03-17
|
| Type |
Order
|
| Subtype |
Order to File Status Report
|
| Description |
status report/bankruptcy ~ On March 14, 2023, Attorney Kathleen L. DiSanto appeared before this court at the scheduled oral argument on behalf of the appellant. Ms. DiSanto advised she was not entering an appearance to present oral argument but was seeking solely to advise this court that the appellant's previously filed bankruptcy proceeding remained pending and that the appellant was awaiting action by the bankruptcy court that would potentially authorize her to serve as counsel on behalf of the appellant in the bankruptcy proceedings. She acknowledged that the appellant has not obtained an order from the bankruptcy court in response to this court's order of March 8, 2023, and that the automatic bankruptcy stay did not apply to this proceeding. However, she requested that the oral argument not proceed due to anticipated action in the bankruptcy court that may impact who has the authority to act on behalf of and to represent the appellant in this matter. Counsel for the appellee, Melissa A. Santalone, was present and prepared to proceed with oral argument. However, Ms. Santalone noted that the appellee did not request oral argument and did not object to the case being disposed of without oral argument. The court determined that the oral argument would not proceed as scheduled. The appellant shall file a status report within twenty days addressing the status of the bankruptcy proceeding and any impact it may have on this court's ability to proceed forward to dispose of this case. The parties are notified that this court, in its discretion, may dispense with oral argument and determine the case based on the briefs and record.
|
|
| Docket Date |
2023-03-08
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
ORD-SUA SPONTE ~ Appellant has filed a suggestion of bankruptcy. It is this court's preliminary determination that the automatic stay provision of 11 U.S.C. § 362(a) does not apply because the action in lower court case 19-CA-2787 was not against the debtor. See Crowe v. Grp., Inc. v. Garner, 691 So. 2d 1089, 1089 (Fla. 2d DCA 1993) ("[T]he determination of whether a case on appeal is stayed [pursuant to 11 U.S.C. § 362(a)] depends upon its inception, with the stay applying against proceedings originally brought against the debtor . . . ." (emphasis added)); accord In re Kozich, 406 B.R. 949, 953 (Bankr. S.D. Fla. 2009). Accordingly, this appeal will proceed. This order is without prejudice to the parties to obtain an order from the bankruptcy court clarifying whether the automatic stay applies to this proceeding. In light of this court's preliminary determination, the March 14, 2023, oral argument will proceed absent a motion to continue. Any such motion shall contain a certificate that the moving party has consulted with the opposing counsel and that the opposing counsel has no objection or will promptly file an objection.
|
|
| Docket Date |
2023-03-06
|
| Type |
Notice
|
| Subtype |
Suggestion of Bankruptcy
|
| Description |
Suggestion of Bankruptcy ~ NOTICE OF ENTRY OF ORDER FOR RELIEF AND OF AUTOMATIC STAY
|
|
| Docket Date |
2023-01-31
|
| Type |
Order
|
| Subtype |
Order on Motion to Supplement Record
|
| Description |
Deny Motion to Supplement Record-30f ~ Appellee's motion to supplement the record is denied.
|
|
| Docket Date |
2023-01-24
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ RESPONSE TO MOTION TO SUPPLEMENT RECORD ON APPEAL
|
| On Behalf Of |
LIFSEY REAL ESTATE AND HOLDINGS INC.
|
|
| Docket Date |
2023-01-24
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion to Supplement Record & EOT/Toll Briefing
|
| Description |
Motion To File Supplemental Record
|
| On Behalf Of |
VICTORY LOFTS AT CHANNELSIDE CONDOMINIUM ASSOCIATION, INC.
|
|
| Docket Date |
2023-01-18
|
| Type |
Order
|
| Subtype |
Order on Motion/Request for Oral Argument
|
| Description |
Oral Argument Notice ~ This case is provisionally set for oral argument on TUESDAY, MARCH 14, 2023, at 9:30 A.M., before: Judge Morris Silberman, Judge Anthony K. Black, Judge Susan H. Rothstein-Youakim. Oral argument will occur at the Second District Court of Appeal, in the courtroom of the Stetson University College Of Law, Tampa Law Center, 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. If this is a criminal proceeding where a victim, as defined in article I, section 16(e), Florida Constitution, has invoked their right to notice under article I, section 16(b)(6), the State is directed to provide the victim with notice of this oral argument and of any changes to 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 |
2022-11-15
|
| Type |
Order
|
| Subtype |
Order on Motion To Strike
|
| Description |
Grant Motion to Strike ~ Appellees’ motion to strike is granted. The answer brief is stricken. The amended answer brief is accepted as filed.
|
|
| Docket Date |
2022-11-11
|
| Type |
Motions Other
|
| Subtype |
Motion To Strike
|
| Description |
Motion To Strike ~ APPELLEES' MOTION TO STRIKE INITIAL ANSWER BRIEF
|
| On Behalf Of |
VICTORY LOFTS AT CHANNELSIDE CONDOMINIUM ASSOCIATION, INC.
|
|
| Docket Date |
2022-11-11
|
| Type |
Brief
|
| Subtype |
Amended Answer Brief
|
| Description |
Amended Answer Brief
|
| On Behalf Of |
VICTORY LOFTS AT CHANNELSIDE CONDOMINIUM ASSOCIATION, INC.
|
|
| Docket Date |
2022-11-01
|
| Type |
Order
|
| Subtype |
Amended/Additional Filing(s) Needed
|
| Description |
Amended Brief Required ~ Florida Rule of Appellate Procedure 9.045 requires the use of Arial 14-point font or Bookman Old Style 14-point font, and it requires a certificate of compliance to indicate that the document complies with the font and applicable word count limits specified in the appellate rules. Appellee’s answer brief •is prepared with the wrong font. •does not contain a certificate of compliance with the word count requirements in the appellate rules. Appellee shall file an amended brief within ten days from the date of this order and shall file with the brief a motion to strike the brief previously filed.
|
|
| Docket Date |
2022-10-28
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee Answer Brief ~ **STRICKEN**
|
| On Behalf Of |
VICTORY LOFTS AT CHANNELSIDE CONDOMINIUM ASSOCIATION, INC.
|
|
| Docket Date |
2022-10-14
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
| Description |
ORDER GRANTING EOT FOR ANSWER BRIEF ~ Appellees' motion for extension of time is granted, and the answer brief shall be served by October 28, 2022.
|
|
| Docket Date |
2022-10-13
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Answer Brief
|
| Description |
Mot. for Extension of time to file Answer Brief
|
| On Behalf Of |
VICTORY LOFTS AT CHANNELSIDE CONDOMINIUM ASSOCIATION, INC.
|
|
| Docket Date |
2022-10-11
|
| Type |
Record
|
| Subtype |
Appendix to Initial Brief
|
| Description |
Appendix for Initial Brief
|
| On Behalf Of |
LIFSEY REAL ESTATE AND HOLDINGS INC.
|
|
| Docket Date |
2022-10-05
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid through Portal
|
| On Behalf Of |
LIFSEY REAL ESTATE AND HOLDINGS INC.
|
|
| Docket Date |
2022-09-16
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
| Description |
ORDER GRANTING EOT FOR ANSWER BRIEF ~ Appellee's motion for extension of time is granted, and the answer brief shallbe served by October 14, 2022.
|
|
| Docket Date |
2022-09-14
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Answer Brief
|
| Description |
Mot. for Extension of time to file Answer Brief ~ UNOPPOSED SECOND MOTION FOR EXTENSION OF TIME TO RESPOND TO APPELLANT'S INITIAL BRIEF
|
| On Behalf Of |
VICTORY LOFTS AT CHANNELSIDE CONDOMINIUM ASSOCIATION, INC.
|
|
| Docket Date |
2022-08-31
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
| Description |
ORDER GRANTING EOT FOR ANSWER BRIEF ~ Appellees’ motion for extension of time is granted, and the answer brief shallbe served by September 14, 2022.
|
|
| Docket Date |
2022-08-15
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Answer Brief
|
| Description |
Mot. for Extension of time to file Answer Brief
|
| On Behalf Of |
VICTORY LOFTS AT CHANNELSIDE CONDOMINIUM ASSOCIATION, INC.
|
|
| Docket Date |
2022-07-26
|
| Type |
Order
|
| Subtype |
Order on Motion/Notice Voluntary Dismissal (non-dispositive)
|
| Description |
Hammerl order on vd's w/o prejudice ~ Appellant's notice of voluntary dismissal is denied without prejudice to file anunconditional notice of voluntary dismissal. See Hammerl v. State, 779 So. 2d 410 (Fla.2d DCA 2000).
|
|
| Docket Date |
2022-07-25
|
| Type |
Motions Other
|
| Subtype |
Motion/Notice Voluntary Dismissal
|
| Description |
Notice of Voluntary Dismissal ~ NOTICE OF VOLUNTARY DISMISSAL, WITHOUT PREJUDICE, OF APPEALOF NON-FINAL ORDER
|
| On Behalf Of |
LIFSEY REAL ESTATE AND HOLDINGS INC.
|
|
| Docket Date |
2022-07-21
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Miscellaneous Order ~ The appendix to the initial brief is not text searchable and it is not paginated so that the page numbers displayed by the PDF reader match the index pagination as required by Florida Rule of Appellate Procedure 9.220(c). Appellant shall file a corrected appendix within ten days from the date of this order.
|
|
| Docket Date |
2022-07-15
|
| Type |
Record
|
| Subtype |
Appendix to Initial Brief
|
| Description |
Appendix for Initial Brief ~ NOT TEXT SEARCHABLE & PAGINATION ERRORS
|
| On Behalf Of |
LIFSEY REAL ESTATE AND HOLDINGS INC.
|
|
| Docket Date |
2022-07-15
|
| Type |
Order
|
| Subtype |
Order Rejecting Filing
|
| Description |
E-Filing Rejected ~ Lifsey Real Estate and Holdings Inc. has electronically submitted a document entitled Appendix to the Initial Brief in multiple parts. The document must be combined into a single document unless it exceeds the file size limit of the Florida Courts E-Filing Portal. This filing has been rejected and must be resubmitted in a form that complies with the applicable rules.
|
|
| Docket Date |
2022-07-15
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Appellant Brief on Merits
|
| On Behalf Of |
LIFSEY REAL ESTATE AND HOLDINGS INC.
|
|
| Docket Date |
2022-07-06
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter 1
|
|
| Docket Date |
2022-07-06
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
fee - civil; atty ~ This appeal has been filed without a filing fee required by section 35.22(2)(a), Florida Statutes, Florida Statutes.If the attorney for appellant has not already done so, they shall forward the required $300.00 filing fee or, if applicable, a certificate or order of the lower tribunal finding appellant insolvent pursuant to section 57.081, Florida Statutes, within twenty days from the date of this order.If this court does not receive either of the above within the prescribed time, this appeal may be subject to dismissal without further notice.
|
|
| Docket Date |
2022-07-05
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed ~ W/ORDER
|
| On Behalf Of |
LIFSEY REAL ESTATE AND HOLDINGS INC.
|
|
| Docket Date |
2022-07-05
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
|
|
LIFSEY REAL ESTATE AND HOLDINGS INC. VS VICTORY LOFTS AT CHANNELSIDE CONDOMINIUM ASSOCIATION, INC.
|
2D2022-1877
|
2022-06-09
|
Closed
|
|
| Classification |
NOA Non Final - Circuit Civil - Other
|
| Court |
2nd District Court of Appeal
|
| Originating Court |
Circuit Court for the Thirteenth Judicial Circuit, Hillsborough County
16-CA-4813
|
Parties
| Name |
LIFSEY REAL ESTATE AND HOLDINGS INC.
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
J. STANFORD LIFSEY, ESQ.
|
|
| Name |
THE VICTORY LOFTS AT CHANNELSIDE CONDOMINIUM ASSOCIATION, INC.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Melissa A Santalone, Esq., JASON W. DAVIS, ESQ., JESSICA CAULEY, ESQ., DAVID O' QUINN, ESQ.
|
|
| Name |
HON. PAUL L. HUEY
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
HILLSBOROUGH CLERK
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2022-07-25
|
| Type |
Misc. Events
|
| Subtype |
Case Closed
|
| Description |
Case Closed
|
|
| Docket Date |
2022-06-30
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid through Portal
|
|
| Docket Date |
2022-06-30
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Judge ~ Khouzam, Rothstein-Youakim, and Stargel
|
|
| Docket Date |
2022-06-30
|
| Type |
Order
|
| Subtype |
Order on Motion to Relinquish Jurisdiction
|
| Description |
ORD-DENY. RELINQUISH JURISDCTN ~ Appellant's request to relinquish jurisdiction is denied. This appeal is dismissed as from a nonfinal, nonappealable order.
|
|
| Docket Date |
2022-06-30
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
dismiss appeal nonfinal/nonappealable order ~ This appeal is dismissed as from a nonfinal, nonappealable order.
|
|
| Docket Date |
2022-06-10
|
| Type |
Order
|
| Subtype |
Show Cause Jurisdiction
|
| Description |
OSC nonfinal, nonappealable civil
|
|
| Docket Date |
2022-06-10
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter 1
|
|
| Docket Date |
2022-06-09
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed ~ W/ORDER APPEALED
|
| On Behalf Of |
LIFSEY REAL ESTATE AND HOLDINGS INC.
|
|
| Docket Date |
2022-06-09
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2022-06-22
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ RESPONSE TO ORDER OF THE COURT OF JUNE 10, 2022
|
| On Behalf Of |
LIFSEY REAL ESTATE AND HOLDINGS INC.
|
|
|
|
LIFSEY REAL ESTATE AND HOLDINGS INC. VS VICTORY LOFTS AT CHANNELSIDE CONDOMINIUM ASSOCIATION, INC. ET AL.,
|
2D2022-1834
|
2022-06-07
|
Closed
|
|
| Classification |
Original Proceedings - Circuit Civil - Prohibition
|
| Court |
2nd District Court of Appeal
|
| Originating Court |
Circuit Court for the Thirteenth Judicial Circuit, Hillsborough County
19-CA-2787
Circuit Court for the Thirteenth Judicial Circuit, Hillsborough County
16-CA-4813
|
Parties
| Name |
JASON W. DAVIS, ESQ.
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
LIFSEY REAL ESTATE AND HOLDINGS INC.
|
| Role |
Petitioner
|
| Status |
Active
|
| Representations |
J. STANFORD LIFSEY, ESQ.
|
|
| Name |
SHUMAKER LOOP & KENDRICK, L L P
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
JEREMY ELLIS
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
BONNA LARSON
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
GREENACRE PROPERTY MANAGEMENT, INC.
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
RICK PENZA
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
ELLEN L. MORGADO
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
GARY RACO
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
JENNY GONZALEZ
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
JEREMY ROGERS
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
HON. PAUL L. HUEY
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
HILLSBOROUGH CLERK
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
| Name |
THE VICTORY LOFTS AT CHANNELSIDE CONDOMINIUM ASSOCIATION, INC.
|
| Role |
Respondent
|
| Status |
Active
|
| Representations |
Melissa A Santalone, Esq., JONATHAN J. ELLIS, ESQ.
|
|
Docket Entries
| Docket Date |
2022-08-26
|
| Type |
Misc. Events
|
| Subtype |
Case Closed
|
| Description |
Case Closed
|
|
| Docket Date |
2022-06-13
|
| Type |
Disposition by Order
|
| Subtype |
Denied
|
| Description |
denial of prohibition ~ Petitioner's petition for writ of prohibition is denied.
|
|
| Docket Date |
2022-06-13
|
| Type |
Record
|
| Subtype |
Supplemental Appendix
|
| Description |
SUPPLEMENTAL APPENDIX OR ATTACHMENT
|
| On Behalf Of |
LIFSEY REAL ESTATE AND HOLDINGS INC.
|
|
| Docket Date |
2022-06-13
|
| Type |
Disposition
|
| Subtype |
Denied
|
| Description |
Denied - Order by Judge ~ KHOUZAM, LUCAS, and STARGEL
|
|
| Docket Date |
2022-06-09
|
| Type |
Notice
|
| Subtype |
Notice of Filing
|
| Description |
Notice of Filing
|
| On Behalf Of |
LIFSEY REAL ESTATE AND HOLDINGS INC.
|
|
| Docket Date |
2022-06-08
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
ORIGINAL APPENDIX OR ATTACHMENT ~ not bookmarked - not text searchable
|
| On Behalf Of |
LIFSEY REAL ESTATE AND HOLDINGS INC.
|
|
| Docket Date |
2022-06-07
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter 1
|
|
| Docket Date |
2022-06-07
|
| Type |
Petition
|
| Subtype |
Petition
|
| Description |
Petition Filed
|
| On Behalf Of |
LIFSEY REAL ESTATE AND HOLDINGS INC.
|
|
| Docket Date |
2022-06-07
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2022-06-09
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
MISCELLANEOUS ORDER ~ Within 5 days of this order, petitioner shall supplement the petition for writ ofprohibition with a copy of the written order denying the fifth motion for disqualification.Failure to comply with this order will result in dismissal of this proceeding without furthernotice.
|
|
|
|
LIFSEY REAL ESTATE AND HOLDINGS, INC., J. Stanford Lifsey, P.A., J. STANFORD LIFSEY, ESQ., Appellant(s) v. VICTORY LOFTS AT CHANNELSIDE CONDOMINIUM ASSOCIATION, INC., Appellee(s).
|
2D2022-0336
|
2022-02-03
|
Open
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
2nd District Court of Appeal
|
| Originating Court |
Circuit Court for the Thirteenth Judicial Circuit, Hillsborough County
16-CA-004813
|
Parties
| Name |
LIFSEY REAL ESTATE AND HOLDINGS, INC.
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Julian Stanford Lifsey
|
|
| Name |
J. Stanford Lifsey, P.A.
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
Julian Stanford Lifsey
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
THE VICTORY LOFTS AT CHANNELSIDE CONDOMINIUM ASSOCIATION, INC.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Jonathan Joseph Ellis, Jessica Ann Cauley, David Shawn O'Quinn, Jason W. Davis, Melissa A. Santalone
|
|
| Name |
HON. PAUL L. HUEY
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Hillsborough Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2024-08-27
|
| Type |
Notice
|
| Subtype |
Notice of Supplemental Authority
|
| Description |
Notice of Supplemental Authority
|
| On Behalf Of |
LIFSEY REAL ESTATE AND HOLDINGS, INC.
|
|
| Docket Date |
2024-08-27
|
| Type |
Misc. Events
|
| Subtype |
Status Report
|
| Description |
Status Report
|
| On Behalf Of |
LIFSEY REAL ESTATE AND HOLDINGS, INC.
|
|
| Docket Date |
2024-08-23
|
| Type |
Order
|
| Subtype |
Order to File Status Report
|
| Description |
Within fifteen (15) days of this order, the parties shall file individual reports or a joint report advising this court of the status of appellant's bankruptcy.
|
| View |
View File
|
|
| Docket Date |
2024-04-11
|
| Type |
Order
|
| Subtype |
Order on Miscellaneous Motion
|
| Description |
Deny Miscellaneous Motion-79a ~ Appellant's motion for leave to intervene is denied.
|
|
| Docket Date |
2024-02-06
|
| Type |
Motions Relating to Parties and Counsel
|
| Subtype |
Motion For Leave To Intervene
|
| Description |
Motion For Leave To Intervene
|
| On Behalf Of |
LIFSEY REAL ESTATE AND HOLDINGS, INC.
|
|
| Docket Date |
2023-10-24
|
| Type |
Notice
|
| Subtype |
Notice of Filing
|
| Description |
Notice of Filing ~ ORDER OF THE BANKRUPTCY COURT
|
| On Behalf Of |
LIFSEY REAL ESTATE AND HOLDINGS, INC.
|
|
| Docket Date |
2023-10-20
|
| Type |
Misc. Events
|
| Subtype |
Status Report
|
| Description |
Status Report
|
| On Behalf Of |
VICTORY LOFTS AT CHANNELSIDE CONDOMINIUM ASSOCIATION, INC.
|
|
| Docket Date |
2023-10-09
|
| Type |
Order
|
| Subtype |
Order to File Status Report
|
| Description |
status report within * days ~ Pursuant to this court's March 14, 2023, order acknowledging appellant's bankruptcy matter and automatic stay of the present appeal, the parties were required to inform this court within 120 days of the status of the appellant's bankruptcy. Neither party has filed a status report. Accordingly, within fifteen (15) days of this order, the parties shall file individual reports or a joint report advising this court the status of appellant's bankruptcy.
|
|
| Docket Date |
2023-03-14
|
| Type |
Order
|
| Subtype |
Order re Stay
|
| Description |
bankruptcy stay ~ This court is prevented from any action in this appeal due to the automatic stay provision of 11 U.S.C., Section 362, Bankruptcy Code, unless a party receives stay relief from the bankruptcy court which at this time has jurisdiction. The parties are directed to inform this court when the bankruptcy court grants relief from the automatic stay or when the stay lapses. If neither of these events occurs within 120 days of this order, the parties shall provide this court with individual status reports or a joint report. The March 21, 2023, oral argument is cancelled.
|
|
| Docket Date |
2023-03-06
|
| Type |
Notice
|
| Subtype |
Suggestion of Bankruptcy
|
| Description |
Suggestion of Bankruptcy ~ NOTICE OF ENTRY OF ORDER FOR RELIEF AND OF AUTOMATIC STAY
|
|
| Docket Date |
2023-01-18
|
| Type |
Order
|
| Subtype |
Order on Motion/Request for Oral Argument
|
| Description |
Oral Argument Notice ~ This case is provisionally set for oral argument on TUESDAY, MARCH 21, 2023, at 9:30 A.M., before: Judge Craig C. Villanti, Judge Matthew C. Lucas, Judge Andrea T. Smith. Oral argument will occur at the Second District Court of Appeal, in the courtroom of the Stetson University College Of Law, Tampa Law Center, 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. If this is a criminal proceeding where a victim, as defined in article I, section 16(e), Florida Constitution, has invoked their right to notice under article I, section 16(b)(6), the State is directed to provide the victim with notice of this oral argument and of any changes to 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 |
2023-01-09
|
| Type |
Notice
|
| Subtype |
Notice of Supplemental Authority
|
| Description |
Notice of Supplemental Authority
|
| On Behalf Of |
LIFSEY REAL ESTATE AND HOLDINGS, INC.
|
|
| Docket Date |
2023-01-02
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant Reply Brief
|
| On Behalf Of |
LIFSEY REAL ESTATE AND HOLDINGS, INC.
|
|
| Docket Date |
2023-01-02
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
|
| On Behalf Of |
LIFSEY REAL ESTATE AND HOLDINGS, INC.
|
|
| Docket Date |
2023-01-02
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion/Request for Oral Argument
|
| Description |
Request for Oral Argument
|
| On Behalf Of |
LIFSEY REAL ESTATE AND HOLDINGS, INC.
|
|
| Docket Date |
2022-12-14
|
| Type |
Record
|
| Subtype |
Supplemental Record
|
| Description |
Supplemental Records ~ 3RD SUPPLEMENT - PAGES 6022-6219 REDACTED
|
| On Behalf Of |
Hillsborough Clerk
|
|
| Docket Date |
2022-12-09
|
| Type |
Notice
|
| Subtype |
Notice of Filing
|
| Description |
Notice of Filing ~ NOTICE OF FILING OF SUPPLEMENTAL RECORD ON APPEAL IN COMPLIANCE WITH ORDER OF NOVEMBER 3, 2022
|
| On Behalf Of |
LIFSEY REAL ESTATE AND HOLDINGS, INC.
|
|
| Docket Date |
2022-11-03
|
| Type |
Order
|
| Subtype |
Order on Motion to Supplement Record
|
| Description |
ORDER GRANTING MOTION TO SUPPLEMENT THE RECORD ~ Appellant's motion to reconstruct the record and to supplement the record are granted as follows. Jurisdiction is relinquished to the trial court for 45 days from the date of this order for the parties and trial court to reconstruct the record in accordance with the issues identified in the motion to relinquish and with Florida Rule of Appellate Procedure 9.200(b)(5). The clerk of the circuit court shall supplement the record with the stipulated statement within 10 days of its filing; no further order from this court shall be necessary for supplementation. The appellant shall file a status report of the proceedings within 45 days from the date of this order.
|
|
| Docket Date |
2022-10-24
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Reply Brief
|
| Description |
Mot. for Extension of Time to File Reply Brief
|
| On Behalf Of |
LIFSEY REAL ESTATE AND HOLDINGS, INC.
|
|
| Docket Date |
2022-10-24
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion to Supplement Record
|
| Description |
Motion to Supplement ~ MOTION TO RECONSTRUCT RECORD ON APPEAL
|
| On Behalf Of |
LIFSEY REAL ESTATE AND HOLDINGS, INC.
|
|
| Docket Date |
2022-10-19
|
| Type |
Order
|
| Subtype |
Order on Motion To Strike
|
| Description |
Deny Motion to Strike-13a ~ Appellant's motion to strike and for other relief is denied without prejudice to Appellant to file a motion to reconstruct the record. See Fla. R. App. P. 9.200(b)(5).
|
|
| Docket Date |
2022-10-17
|
| Type |
Motions Other
|
| Subtype |
Motion To Strike
|
| Description |
Motion To Strike ~ APPELLEE'S ANSWER BRIEF AND OTHER RELIF
|
| On Behalf Of |
LIFSEY REAL ESTATE AND HOLDINGS, INC.
|
|
| Docket Date |
2022-09-22
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees ~ APPELLEE'S MOTION FOR AWARD OF APPELLATE ATTORNEY FEES AND COSTS
|
| On Behalf Of |
VICTORY LOFTS AT CHANNELSIDE CONDOMINIUM ASSOCIATION, INC.
|
|
| Docket Date |
2022-09-19
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee Answer Brief
|
| On Behalf Of |
VICTORY LOFTS AT CHANNELSIDE CONDOMINIUM ASSOCIATION, INC.
|
|
| Docket Date |
2022-09-06
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Stipulation for Extension of Time ~ 12 - AB DUE 9/19/22
|
| On Behalf Of |
VICTORY LOFTS AT CHANNELSIDE CONDOMINIUM ASSOCIATION, INC.
|
|
| Docket Date |
2022-08-19
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance ~ AMENDED NOTICE OF APPEARANCE
|
| On Behalf Of |
VICTORY LOFTS AT CHANNELSIDE CONDOMINIUM ASSOCIATION, INC.
|
|
| Docket Date |
2022-08-08
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Appellant Brief on Merits
|
| On Behalf Of |
LIFSEY REAL ESTATE AND HOLDINGS, INC.
|
|
| Docket Date |
2022-08-02
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ ADDITION - 354 PAGES
|
|
| Docket Date |
2022-07-19
|
| Type |
Record
|
| Subtype |
Supplemental Record
|
| Description |
Supplemental Records ~ 2ND SUPPLEMENTAL - AMENDED -REDACTED - 339 PAGES
|
|
| Docket Date |
2022-07-11
|
| Type |
Record
|
| Subtype |
Supplemental Record
|
| Description |
Supplemental Records ~ 2ND SUPPLEMENTAL -REDACTED - 338 PAGES
|
|
| Docket Date |
2022-06-23
|
| 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 filed in this court within forty-five days from the date of this order.
|
|
| Docket Date |
2022-06-17
|
| 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 EXTENSION TO FILE APPELLANTINITIAL BRIEF
|
| On Behalf Of |
LIFSEY REAL ESTATE AND HOLDINGS, INC.
|
|
| Docket Date |
2022-06-17
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion to Supplement Record
|
| Description |
Motion to Supplement ~ MOTION TO SUPPLEMENT RECORD ON APPEAL
|
| On Behalf Of |
LIFSEY REAL ESTATE AND HOLDINGS, INC.
|
|
| Docket Date |
2022-05-05
|
| Type |
Record
|
| Subtype |
Supplemental Record
|
| Description |
Supplemental Records ~ 260 PAGES
|
|
| Docket Date |
2022-04-20
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
ORDER GRANTING EOT FOR INITIAL BRIEF ~ Appellant's initial brief shall be served within sixty days from the date of thisorder.
|
|
| Docket Date |
2022-04-15
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ APPELLEE'S OPPOSITION TO APPELLANT'S MOTION TO SUPPLEMENT RECORD
|
| On Behalf Of |
VICTORY LOFTS AT CHANNELSIDE CONDOMINIUM ASSOCIATION, INC.
|
|
| Docket Date |
2022-04-15
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice ~ NOTICE OF FILING SUPPLEMENT TO APPELLANTS MOTION TO SUPPLEMENT RECORD ON APPEAL
|
| On Behalf Of |
LIFSEY REAL ESTATE AND HOLDINGS, INC.
|
|
| Docket Date |
2022-04-13
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion to Supplement Record
|
| Description |
Motion to Supplement ~ MOTION TO SUPPLEMENT RECORD ON APPEAL
|
| On Behalf Of |
LIFSEY REAL ESTATE AND HOLDINGS, INC.
|
|
| Docket Date |
2022-04-13
|
| 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 EXTENSION TO FILE APPELLANTINITIAL BRIEF
|
| On Behalf Of |
LIFSEY REAL ESTATE AND HOLDINGS, INC.
|
|
| Docket Date |
2022-03-15
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ HUEY - REDACTED - 5094 PAGES
|
|
| Docket Date |
2022-02-22
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid through Portal
|
| On Behalf Of |
LIFSEY REAL ESTATE AND HOLDINGS, INC.
|
|
| Docket Date |
2022-02-17
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
VICTORY LOFTS AT CHANNELSIDE CONDOMINIUM ASSOCIATION, INC.
|
|
| Docket Date |
2022-02-09
|
| Type |
Order
|
| Subtype |
Order Discharging Show Cause Order
|
| Description |
ORD-DISCHARGING SHOW CAUSE ~ This court's February 3, 2022, order to show cause is hereby discharged.
|
|
| Docket Date |
2022-02-08
|
| Type |
Notice
|
| Subtype |
Amended Notice of Appeal
|
| Description |
Amended Notice of Appeal
|
| On Behalf Of |
LIFSEY REAL ESTATE AND HOLDINGS, INC.
|
|
| Docket Date |
2022-02-08
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ APPELLANT'S RESPONSE TO ORDER TO SHOW CAUSE
|
| On Behalf Of |
LIFSEY REAL ESTATE AND HOLDINGS, INC.
|
|
| Docket Date |
2022-02-03
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
LIFSEY REAL ESTATE AND HOLDINGS, INC.
|
|
| Docket Date |
2022-02-03
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
fee - civil; atty
|
|
| Docket Date |
2022-02-03
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2022-02-03
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter 1
|
|
|
|
LIFSEY REAL ESTATE AND HOLDINGS INC. VS VICTORY LOFTS AT CHANNELSIDE CONDOMINIUM ASSOCIATION, INC., ET AL.
|
2D2021-3377
|
2021-11-02
|
Closed
|
|
| Classification |
Original Proceedings - Circuit Civil - Prohibition
|
| Court |
2nd District Court of Appeal
|
| Originating Court |
Circuit Court for the Thirteenth Judicial Circuit, Hillsborough County
16-CA-4813
Circuit Court for the Thirteenth Judicial Circuit, Hillsborough County
19-CA-2787
|
Parties
| Name |
LIFSEY REAL ESTATE AND HOLDINGS INC.
|
| Role |
Petitioner
|
| Status |
Active
|
| Representations |
J. STANFORD LIFSEY, ESQ.
|
|
| Name |
THE VICTORY LOFTS AT CHANNELSIDE CONDOMINIUM ASSOCIATION, INC.
|
| Role |
Respondent
|
| Status |
Active
|
| Representations |
JONATHAN J. ELLIS, ESQ., JEREMY W. ROGERS, ESQ., JASON W. DAVIS, ESQ., DAVID O' QUINN, ESQ.
|
|
| Name |
SHUMAKER LOOP & KENDRICK, L L P
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
ELLEN L. MORGADO
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
RICK PENZA
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
JENNY GONZALEZ
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
BONNA LARSON
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
GARY RACO
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
GREENACRE PROPERTY MANAGEMENT, INC.
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
HILLSBOROUGH CLERK
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2021-11-10
|
| Type |
Disposition
|
| Subtype |
Denied
|
| Description |
Denied - Order by Judge ~ KELLY, BLACK, and LABRIT
|
|
| Docket Date |
2021-11-10
|
| Type |
Disposition by Order
|
| Subtype |
Denied
|
| Description |
denial of prohibition ~ Petitioner's petition for writ of prohibition is denied.
|
|
| Docket Date |
2021-11-03
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter 1
|
|
| Docket Date |
2021-11-02
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
ORIGINAL APPENDIX OR ATTACHMENT
|
| On Behalf Of |
LIFSEY REAL ESTATE AND HOLDINGS INC.
|
|
| Docket Date |
2021-11-02
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2021-11-02
|
| Type |
Petition
|
| Subtype |
Petition Prohibition
|
| Description |
Petition Prohibition
|
| On Behalf Of |
LIFSEY REAL ESTATE AND HOLDINGS INC.
|
|
| Docket Date |
2021-11-30
|
| Type |
Misc. Events
|
| Subtype |
Case Closed
|
| Description |
Case Closed
|
|
|
|
LIFSEY REAL ESTATE AND HOLDINGS INC. VS VICTORY LOFTS AT CHANNELSIDE CONDOMINIUM ASSOC., INC.
|
2D2019-0841
|
2019-03-04
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
2nd District Court of Appeal
|
| Originating Court |
Circuit Court for the Thirteenth Judicial Circuit, Hillsborough County
16-CA-4813
|
Parties
| Name |
LIFSEY REAL ESTATE AND HOLDINGS INC.
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
J. STANFORD LIFSEY, ESQ.
|
|
| Name |
THE VICTORY LOFTS AT CHANNELSIDE CONDOMINIUM ASSOCIATION, INC.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
JASON W. DAVIS, ESQ., JONATHAN J. ELLIS, ESQ., DUANE A. DAIKER, ESQ., Michael Kouskoutis, Esq., Melissa A Santalone, Esq., DAVID O' QUINN, ESQ.
|
|
| Name |
HON. PAUL L. HUEY
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
HILLSBOROUGH CLERK
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2019-04-26
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
VICTORY LOFTS AT CHANNELSIDE CONDOMINIUM ASSOCIATION, INC.
|
|
| Docket Date |
2019-04-24
|
| Type |
Order
|
| Subtype |
Order to File Response
|
| Description |
ORD-TO FILE RESPONSE ~ Appellant is directed to respond within fifteen (15) days from the date of this order to appellee’s motion to dismiss.
|
|
| Docket Date |
2021-06-21
|
| Type |
Supreme Court
|
| Subtype |
Supreme Court Miscellaneous
|
| Description |
Supreme Court Disposition ~ This case is hereby dismissed. This Court lacks jurisdiction toreview an unelaborated decision from a district court of appeal thatis issued without opinion or explanation or that merely cites to anauthority that is not a case pending review in, or reversed orquashed by, this Court. See Wheeler v. State, 296 So. 3d 895 (Fla.2020); Wells v. State, 132 So. 3d 1110 (Fla. 2014); Jackson v. State,926 So. 2d 1262 (Fla. 2006); Gandy v. State, 846 So. 2d 1141 (Fla.2003); Stallworth v. Moore, 827 So. 2d 974 (Fla. 2002); Harrison v.Hyster Co., 515 So. 2d 1279 (Fla. 1987); Dodi Publ’g Co. v. EditorialAm. S.A., 385 So. 2d 1369 (Fla. 1980); Jenkins v. State, 385 So. 2d1356 (Fla. 1980).No motion for rehearing or reinstatement will be entertainedby the Court.
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|
| Docket Date |
2021-06-18
|
| Type |
Supreme Court
|
| Subtype |
Notice to Invok. Disc. Jur. FSC
|
| Description |
Notice of Discretional Jurisdiction to Supreme Court
|
| On Behalf Of |
LIFSEY REAL ESTATE AND HOLDINGS INC.
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|
| Docket Date |
2020-07-02
|
| Type |
Order
|
| Subtype |
Order Re: Video Oral Argument
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| Description |
Video Oral Argument ~ To mitigate the impact of the COVID-19 outbreak while continuing with the orderly processing of cases, the oral argument in this case will be conducted by video conference on the date scheduled. The Clerk of the Court will provide connection instructions to each participant before the argument. Within ten days from the date of this order, any attorney or party who will be presenting argument is requested to provide the Clerk with the email address where the video invitation should be sent and a telephone number. This information may be sent by email to 2dcaClerk@flcourts.org.
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|
| Docket Date |
2021-05-25
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
MISCELLANEOUS ORDER ~ Appellant's motion to recall the mandate is denied.Appellant's reply is stricken as unauthorized.
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|
| Docket Date |
2021-04-07
|
| Type |
Response
|
| Subtype |
Reply
|
| Description |
REPLY ~ REPLY TO APPELLEE'S RESPONSE TO RECALL MANDATE
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| On Behalf Of |
LIFSEY REAL ESTATE AND HOLDINGS INC.
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|
| Docket Date |
2021-04-06
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ TO MOTION TO RECALL MANDATE
|
| On Behalf Of |
VICTORY LOFTS AT CHANNELSIDE CONDOMINIUM ASSOCIATION, INC.
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|
| Docket Date |
2021-04-02
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
Miscellaneous Motion ~ MOTION TO RECALL THE MANDATE
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| On Behalf Of |
LIFSEY REAL ESTATE AND HOLDINGS INC.
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|
| Docket Date |
2020-12-10
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2020-11-19
|
| Type |
Order
|
| Subtype |
Order on Motion For Clarification
|
| Description |
Deny Clarification-78a
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|
| Docket Date |
2020-11-13
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ TO MOTION FOR CLARIFICATION OF MOTION FOR REHEARING AND REHEARING EN BANC
|
| On Behalf Of |
VICTORY LOFTS AT CHANNELSIDE CONDOMINIUM ASSOCIATION, INC.
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|
| Docket Date |
2020-10-29
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion For Clarification
|
| Description |
Motion For Clarification ~ OF MOTION FOR REHEARING AND REHEARING EN BANC
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| On Behalf Of |
LIFSEY REAL ESTATE AND HOLDINGS INC.
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|
| Docket Date |
2020-10-15
|
| Type |
Order
|
| Subtype |
Order on Motion for Rehearing
|
| Description |
ORD-DENYING REHEARING
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|
| Docket Date |
2020-10-02
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ APPELLEE'S RESPONSE TO MOTION FOR REHEARING AND MOTION FOR REHEARING EN BANC, AND REQUEST FOR WRITTEN OPINION
|
| On Behalf Of |
VICTORY LOFTS AT CHANNELSIDE CONDOMINIUM ASSOCIATION, INC.
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|
| Docket Date |
2020-09-22
|
| Type |
Misc. Events
|
| Subtype |
Status Report
|
| Description |
Status Report
|
| On Behalf Of |
HILLSBOROUGH CLERK
|
|
| Docket Date |
2020-09-22
|
| Type |
Notice
|
| Subtype |
Notice of Supplemental Authority
|
| Description |
Notice of Supplemental Authority ~ NOTICE OF SUPPLEMENTAL AUTHORITY TO APPELLANT'S MOTIONFOR REHEARING AND REHEARING EN BANC
|
| On Behalf Of |
LIFSEY REAL ESTATE AND HOLDINGS INC.
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|
| Docket Date |
2020-09-18
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion for Rehearing
|
| Description |
Motion for Rehearing / Rehearing En Banc
|
| On Behalf Of |
LIFSEY REAL ESTATE AND HOLDINGS INC.
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|
| Docket Date |
2020-09-04
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Miscellaneous Order ~ Appellant Lifsey's motion for appellate attorney's fees pursuant to the Condominium Declaration and Bylaws and sections 57.105, 718.116(6)(a), 303(1), Florida Statutes, is denied, and its motion for costs is stricken. See Fla. R. App. P. 9.400(a). Appellee Victory Lofts' motion for appellate attorney's fees pursuant to the Condominium Declaration and Bylaws and sections 718.116(6)(a), 303(1), Florida Statutes, is granted and is remanded to the trial court for a determination of a reasonable amount.
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|
| Docket Date |
2020-09-04
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed - Per Curiam Affirmed
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|
| Docket Date |
2020-08-25
|
| Type |
Misc. Events
|
| Subtype |
Oral Argument Date Set
|
| Description |
Oral Argument Date Set ~ Tampa
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|
| Docket Date |
2020-08-18
|
| Type |
Record
|
| Subtype |
Supplemental Record
|
| Description |
Supplemental Records ~ (7 pages)
|
| On Behalf Of |
HILLSBOROUGH CLERK
|
|
| Docket Date |
2020-08-12
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Miscellaneous Order ~ The record on appeal does not include the judgment from which this appeal is taken. Therefore, within three days of this order, Lifsey shall make arrangements with the clerk of the circuit court to supplement the record with the "Final Summary Judgment as to Count I Breach of Obligation to Pay Assessments" dated June 12, 2019. The supplemental record shall be filed with this court within five days from the date of this order.The parties should be prepared to address the basis for this court's jurisdiction when they appear for oral argument on August 25, 2020.
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|
| Docket Date |
2020-06-18
|
| Type |
Notice
|
| Subtype |
Notice of Supplemental Authority
|
| Description |
Notice of Supplemental Authority ~ APPELLANT'S 3rd NOTICE OF SUPPLEMENTAL AUTHORITY (to include case attached)
|
| On Behalf Of |
LIFSEY REAL ESTATE AND HOLDINGS INC.
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|
| Docket Date |
2019-04-22
|
| Type |
Motions Other
|
| Subtype |
Motion To Dismiss
|
| Description |
Motion To Dismiss
|
| On Behalf Of |
VICTORY LOFTS AT CHANNELSIDE CONDOMINIUM ASSOCIATION, INC.
|
|
| Docket Date |
2019-04-08
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ HUEY - REDACTED - 2830 PAGES
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|
| Docket Date |
2019-03-22
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid through Portal
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|
| Docket Date |
2020-06-04
|
| Type |
Order
|
| Subtype |
Order on Motion/Request for Oral Argument
|
| Description |
Oral Argument Notice--Location Pending ~ This case is provisionally set for oral argument on TUESDAY, AUGUST 25, 2020, at 9:30 A.M., before: Judge Patricia J. Kelly, Judge Edward C. LaRose, Judge Susan H. Rothstein-Youakim. Oral argument will be conducted either by video conference or at the Second District Court of Appeal, Tampa Branch Headquarters. Attorneys and parties will be advised by order of the venue for the oral argument no less than three weeks prior to the scheduled date. 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 court 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 attached 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.
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|
| Docket Date |
2020-06-04
|
| Type |
Notice
|
| Subtype |
Notice of Supplemental Authority
|
| Description |
Notice of Supplemental Authority
|
| On Behalf Of |
LIFSEY REAL ESTATE AND HOLDINGS INC.
|
|
| Docket Date |
2020-03-09
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant Reply Brief
|
| On Behalf Of |
LIFSEY REAL ESTATE AND HOLDINGS INC.
|
|
| Docket Date |
2020-03-09
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
|
| On Behalf Of |
LIFSEY REAL ESTATE AND HOLDINGS INC.
|
|
| Docket Date |
2020-03-09
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion/Request for Oral Argument
|
| Description |
Request for Oral Argument
|
| On Behalf Of |
LIFSEY REAL ESTATE AND HOLDINGS INC.
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|
| Docket Date |
2020-01-21
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Reply Brief
|
| Description |
ORDER GRANTING APPELLANT'S REPLY BRIEF ~ Appellant's motion for extension of time is granted, and the reply brief shall be served by March 9, 2020.
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|
| Docket Date |
2020-01-16
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Reply Brief
|
| Description |
Mot. for Extension of Time to File Reply Brief
|
| On Behalf Of |
LIFSEY REAL ESTATE AND HOLDINGS INC.
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|
| Docket Date |
2020-01-10
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees ~ APPELLEE'S MOTION FOR APPELLATE ATTORNEY FEES
|
| On Behalf Of |
VICTORY LOFTS AT CHANNELSIDE CONDOMINIUM ASSOCIATION, INC.
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|
| Docket Date |
2019-12-24
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee Answer Brief
|
| On Behalf Of |
VICTORY LOFTS AT CHANNELSIDE CONDOMINIUM ASSOCIATION, INC.
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|
| Docket Date |
2019-12-05
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
| Description |
grant eot for AB - unlikely ~ Appellee's motion for extension of time is granted, and the answer brief shall be served by December 24, 2019. However, further motions for extension of time are unlikely to receive favorable consideration. The appellant's objection is noted.
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|
| Docket Date |
2019-12-04
|
| Type |
Response
|
| Subtype |
Objection
|
| Description |
OBJECTION ~ APPELLANT'S RESPONSE TO APPELLEE'S THIRD (3RD) MOTION FOR EXTENSION OF TIME TO FILE ANSWER BRIEF
|
| On Behalf Of |
LIFSEY REAL ESTATE AND HOLDINGS INC.
|
|
| Docket Date |
2019-12-04
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Answer Brief
|
| Description |
Mot. for Extension of time to file Answer Brief
|
| On Behalf Of |
VICTORY LOFTS AT CHANNELSIDE CONDOMINIUM ASSOCIATION, INC.
|
|
| Docket Date |
2019-11-21
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Stipulation for Extension of Time ~ 30 - AB DUE 12/23/19
|
| On Behalf Of |
VICTORY LOFTS AT CHANNELSIDE CONDOMINIUM ASSOCIATION, INC.
|
|
| Docket Date |
2019-11-06
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
| Description |
ORDER GRANTING EOT FOR ANSWER BRIEF ~ Appellee's motion for extension of time is granted, and the answer brief shall be served by December 4, 2019.
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|
| Docket Date |
2019-11-04
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ APPELLANT'S RESPONSE TO APPELLEE'S MOTION FOR EXTENSION OF TIME TO FILE ANSWER BRIEF
|
| On Behalf Of |
LIFSEY REAL ESTATE AND HOLDINGS INC.
|
|
| Docket Date |
2019-11-01
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Answer Brief
|
| Description |
Mot. for Extension of time to file Answer Brief
|
| On Behalf Of |
VICTORY LOFTS AT CHANNELSIDE CONDOMINIUM ASSOCIATION, INC.
|
|
| Docket Date |
2019-10-03
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Stipulation for Extension of Time ~ 30 - AB DUE 11/4/19
|
| On Behalf Of |
VICTORY LOFTS AT CHANNELSIDE CONDOMINIUM ASSOCIATION, INC.
|
|
| Docket Date |
2019-09-04
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Appellant Brief on Merits
|
| On Behalf Of |
LIFSEY REAL ESTATE AND HOLDINGS INC.
|
|
| Docket Date |
2019-08-20
|
| Type |
Order
|
| Subtype |
Order to Serve Brief
|
| Description |
Order for Immediate Filing of Brief ~ Appellant's initial brief shall be served within 20 days from the date of this order.
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|
| Docket Date |
2019-08-06
|
| Type |
Record
|
| Subtype |
Supplemental Record
|
| Description |
Supplemental Records ~ REDACTED - 681 PAGES
|
|
| Docket Date |
2019-07-24
|
| Type |
Order
|
| Subtype |
Order on Motion to Supplement Record
|
| Description |
ORDER GRANTING MOTION TO SUPPLEMENT THE RECORD ~ Appellant's motion to supplement the record is granted, and appellant shall make arrangements within three days with the clerk of the circuit court for the supplementation of the record with the items mentioned in the motion, with the supplemental record to be filed in this court within twenty-five days from the date of this order.
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|
| Docket Date |
2019-07-11
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
VICTORY LOFTS AT CHANNELSIDE CONDOMINIUM ASSOCIATION, INC.
|
|
| Docket Date |
2019-07-11
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ APPELLEE'S OPPOSITION TO MOTION TO SUPPLEMENT RECORD ON APPEAL
|
| On Behalf Of |
VICTORY LOFTS AT CHANNELSIDE CONDOMINIUM ASSOCIATION, INC.
|
|
| Docket Date |
2019-07-10
|
| Type |
Order
|
| Subtype |
Order to File Response
|
| Description |
ORD-TO FILE RESPONSE ~ Appellee is directed to respond within fifteen (15) days from the date of this order to Appellant’s motion to supplement record.
|
|
| Docket Date |
2019-07-09
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion to Supplement Record & EOT/Toll Briefing
|
| Description |
Motion To File Supplemental Record
|
| On Behalf Of |
LIFSEY REAL ESTATE AND HOLDINGS INC.
|
|
| Docket Date |
2019-06-19
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Miscellaneous Order ~ The relinquishment period has ended and appellant is directed to serve the initial brief within thirty days from the date of this order.
|
|
| Docket Date |
2019-06-12
|
| Type |
Notice
|
| Subtype |
Amended Notice of Appeal
|
| Description |
Amended Notice of Appeal ~ SECOND AMENDED NOTICE OF APPEAL
|
| On Behalf Of |
LIFSEY REAL ESTATE AND HOLDINGS INC.
|
|
| Docket Date |
2019-05-23
|
| Type |
Order
|
| Subtype |
Order on Motion To Dismiss
|
| Description |
ORD-DENYING APPELLEE'S MOTION TO DISMISS ~ The appellee’s motion to dismiss is denied. Jurisdiction is relinquished to the extent necessary to allow the trial court to enter an appealable, final order. See Wahl v. Taylor, 926 So. 2d 488, 489 (Fla. 2d DCA 2006); Better Gov't Ass'n of Sarasota County v. State, 802 So. 2d 414 (Fla. 2d DCA 2001). Should appellant provide this court with such an appealable, final order within twenty days, this premature appeal will be mature and will proceed to consideration. See Fla. R. App. P. 9.110(l) (stating that if a notice of appeal is prematurely filed before rendition of a final order, "the lower tribunal retains jurisdiction to render a final order") (effective Jan. 1, 2015). If appellant fails to present an appealable order within that time frame, or persuade this court that the existing order is appealable, this appeal will be subject to dismissal without further notice.
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|
| Docket Date |
2019-05-09
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ RESPONSE TO MOTION TO DISMISS APPEAL
|
| On Behalf Of |
LIFSEY REAL ESTATE AND HOLDINGS INC.
|
|
| Docket Date |
2019-03-05
|
| Type |
Notice
|
| Subtype |
Amended Notice of Appeal
|
| Description |
Amended Notice of Appeal ~ not certified
|
| On Behalf Of |
LIFSEY REAL ESTATE AND HOLDINGS INC.
|
|
| Docket Date |
2019-03-04
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter 1
|
|
| Docket Date |
2019-03-04
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2019-03-04
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
fee - civil; atty
|
|
| Docket Date |
2019-03-04
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
LIFSEY REAL ESTATE AND HOLDINGS INC.
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