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Ashley Lemay-Kwaiser, an Individual and Mother of J.L., C.L., and M.L., Minor Children, Appellant(s), v. Markel Insurance Company, Philadelphia Indemnity Insurance Company, Keystone Behavioral Pediatrics, Katherine Falwell, Melissa Lemay, and James Lemay, Appellee(s).
|
5D2024-3498
|
2024-12-20
|
Open
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
5th District Court of Appeal
|
| Originating Court |
Circuit Court for the Seventh Judicial Circuit, St. Johns County
55-2020-CA-357
|
Parties
| Name |
Ashley Lemay-Kwaiser
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Thomas Evan Shepard
|
|
| Name |
J.L. A Minor Child
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
C.L., A Minor Child
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
M.L., A Minor Child
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
MARKEL INSURANCE COMPANY
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Matthew John Lavisky, Joseph Hagedorn Lang, Jr.
|
|
| Name |
PHILADELPHIA INDEMNITY INSURANCE COMPANY
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Lauren S Curtis
|
|
| Name |
KEYSTONE BEHAVIORAL PEDIATRICS, LLC
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Robindra Nath Khanal
|
|
| Name |
Katherine Falwell
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Melissa Lemay
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
James Lemay
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Hon. Michael Scott Orfinger
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
St. Johns Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2025-01-03
|
| Type |
Event
|
| Subtype |
Cross Notice Fee Paid
|
| Description |
Cross Notice Fee Paid
|
| On Behalf Of |
Markel Insurance Company
|
| View |
View File
|
|
| Docket Date |
2025-01-03
|
| Type |
Notice
|
| Subtype |
Notice of Cross Appeal
|
| Description |
Notice of Cross Appeal
|
| On Behalf Of |
Markel Insurance Company
|
|
| Docket Date |
2025-01-03
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
Order to pay Filing Fee - CROSS APPEAL - Fee Paid
|
| View |
View File
|
|
| Docket Date |
2024-12-30
|
| Type |
Notice
|
| Subtype |
Amended Notice of Appeal
|
| Description |
Amended Notice of Appeal per 12/26/2024 Order - Filed Below 12/30/2024
|
| On Behalf Of |
Ashley Lemay-Kwaiser
|
|
| Docket Date |
2024-12-26
|
| Type |
Order
|
| Subtype |
Amended/Additional Filing(s) Needed
|
| Description |
Amended/Additional Filing(s) Needed; AA W/IN 10 DYS FILE AMENDED NOA
|
| View |
View File
|
|
| Docket Date |
2024-12-20
|
| Type |
Event
|
| Subtype |
Fee Paid Through Portal
|
| Description |
Fee Paid Through Portal
|
| View |
View File
|
|
| Docket Date |
2024-12-20
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
Order to pay Filing Fee
|
| View |
View File
|
|
| Docket Date |
2024-12-20
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
| View |
View File
|
|
| Docket Date |
2024-12-20
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
FILED BELOW: 12/19/2024
|
|
|
|
MEI LE and BING WANG, Appellant(s) v. CASA LA QUINTA CONDIMINIUMS ASSOCIATION, INC., et al., Appellee(s).
|
4D2024-2702
|
2024-10-22
|
Open
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
CACE22-001600
|
Parties
| Name |
Mei Li
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
Bing Wang
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
Casa La Quinta Condominiums Association, Inc.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Jason Michael Azzarone
|
|
| Name |
ARDENT VENTURES LLC
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Jason Michael Azzarone
|
|
| Name |
EXCLUSIVE PROPERTY MANAGEMENT CORP
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Citizens Property Insurance Corporation
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Daniel Marc Schwarz, Kara Rockenbach Link, Jose Castello
|
|
| Name |
PHILADELPHIA INDEMNITY INSURANCE COMPANY
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Michael Simon, Brian Jacobson
|
|
| Name |
USI INSURANCE SERVICES LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Hon. Daniel A Casey
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Broward Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2024-11-19
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to File Response
|
| Description |
Motion for Extension of Time to File Response to Motion to Dismiss
|
|
| Docket Date |
2024-11-15
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Initial Brief
|
| Description |
Motion for Extension of Time to Serve Initial Brief
|
|
| Docket Date |
2024-11-01
|
| Type |
Motions Other
|
| Subtype |
Motion To Dismiss
|
| Description |
Motion To Dismiss Portions of the Appeal Seeking Review of Order of Dismissal and Final Order Entered by the Trial Court in 2022 and 2023
|
|
| Docket Date |
2024-11-20
|
| Type |
Order
|
| Subtype |
Order to File Response
|
| Description |
ORDERED that Appellees are directed to respond, within ten (10) days from the date of this order, to Appellants' November 19, 2024 motion for extension of time to respond to motion to dismiss.
|
| View |
View File
|
|
| Docket Date |
2024-10-29
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Initial Brief
|
| Description |
Motion for Extension of Time to Serve Initial Brief
|
|
| Docket Date |
2024-10-29
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Casa La Quinta Condominiums Association, Inc.
|
|
| Docket Date |
2024-10-22
|
| Type |
Miscellaneous Document
|
| Subtype |
Pay Case Filing Fee-300
|
| Description |
Paid Case Filing Fee-300
|
| View |
View File
|
|
| Docket Date |
2024-10-22
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
| View |
View File
|
|
| Docket Date |
2024-10-22
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal
|
|
| Docket Date |
2025-01-06
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
Appellants' Motion for Appellate Court to Appoint a Special Master to Make Finings a Fact
|
|
| Docket Date |
2025-01-02
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Philadelphia Indemnity Insurance Company's Notice of Joinder for Realignment in Citizens Property Insurance Corporation's Response To Appellants' Renewed Motion To Compel Better Response From All Appellees
|
|
| Docket Date |
2025-01-02
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Appellee, Citizens Property Insurance Corporation's Response To Appellants' Renewed Motion To Compel Better Response From All Appellees
|
| On Behalf Of |
Citizens Property Insurance Corporation
|
|
| Docket Date |
2024-12-26
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Initial Brief
|
| Description |
Motion for Extension of Time to Serve Initial Brief and Renewed Motion to Compel Better Response from All Appellees
|
|
| Docket Date |
2024-12-11
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Appellants' Objection to Appellee Philadelphia Indemnity's Motion to Dismiss and Appellants' Motion to Compel Better Response from All Appellees
|
| On Behalf Of |
Mei Li
|
|
| Docket Date |
2024-12-05
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
ORDERED that Appellants' November 15, 2024 motion for extension of time is granted, and Appellants shall serve the initial brief within forty-five (45) days from the date of this order. In addition, if the initial brief is not served within the time provided for in this order, the above-styled case may be subject to dismissal or the court in its discretion may impose other sanctions. Further, ORDERED that Appellants' November 19, 2024 motion for extension of time is granted, and the time for filing a response to Appellee Philadelphia Indemnity Insurance Company's motion to dismiss is extended to and including December 10, 2024.
|
| View |
View File
|
|
| Docket Date |
2024-11-27
|
| Type |
Notice
|
| Subtype |
Notice of Joinder in Filing
|
| Description |
Notice of Joinder in Philadelphia Indemnity Insurance Company's Response to Motion for Extension of Time
|
| On Behalf Of |
Casa La Quinta Condominiums Association, Inc.
|
|
| Docket Date |
2024-11-26
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response to Appellants' Motion for Extension of Time to Respond to the Motion to Dismiss
|
| On Behalf Of |
Citizens Property Insurance Corporation
|
|
| Docket Date |
2024-10-30
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
ORDERED that Appellants' October 29, 2024 motion for extension of time is granted in part, and Appellants shall serve the initial brief within thirty (30) days from the current due date. In addition, if the initial brief is not served within the time provided for in this order, the above-styled case may be subject to dismissal or the court in its discretion may impose other sanctions.
|
| View |
View File
|
|
| Docket Date |
2024-10-23
|
| Type |
Order
|
| Subtype |
Proceed per 9.130(a)(5)
|
| Description |
ORDERED sua sponte that the court determines that this appeal seeks review of an order entered on an authorized and timely motion for relief from judgment, which is reviewable by the method prescribed by Florida Rule of Appellate Procedure 9.130. Fla. R. App. P. 9.130(a)(5). Appellants shall serve an initial brief and an accompanying appendix within fifteen (15) days from the date of this order. See Fla. R. App. P. 9.130(e), 9.220. The clerk of the lower tribunal shall not transmit a record on appeal unless ordered by this court.
|
| View |
View File
|
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Markel Insurance Company, Petitioner(s), v. Ashley Lemay-Kwaiser, an Individual, and Mother of J.L., C.L., and M.L., Children, Keystone Behavioral Pediatrics, Katherine Falwell, Melissa Lemay, James Lemay, and Philadelphia Indemnity Insurance Company, Respondent(s).
|
5D2024-2138
|
2024-07-31
|
Open
|
|
| Classification |
Original Proceedings - Circuit Civil - Certiorari
|
| Court |
5th District Court of Appeal
|
| Originating Court |
Circuit Court for the Seventh Judicial Circuit, St. Johns County
2020-CA-000357
|
Parties
| Name |
MARKEL INSURANCE COMPANY
|
| Role |
Petitioner
|
| Status |
Active
|
| Representations |
Joseph Hagedorn Lang, Jr.
|
|
| Name |
Ashley Lemay-Kwaiser
|
| Role |
Respondent
|
| Status |
Active
|
| Representations |
Thomas Evan Shepard, Mark Boyle, Alexander Brockmeyer
|
|
| Name |
J.L., a Child
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
C.L., a Child
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
M.L., a Child
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
KEYSTONE BEHAVIORAL PEDIATRICS, LLC
|
| Role |
Respondent
|
| Status |
Active
|
| Representations |
Michael Jefferey Rigelsky
|
|
| Name |
Katherine Falwell
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
Melissa Lemay
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
James Lemay
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
PHILADELPHIA INDEMNITY INSURANCE COMPANY
|
| Role |
Respondent
|
| Status |
Active
|
| Representations |
Lauren S Curtis, Sarah Ashley Wilkins
|
|
| Name |
Hon. Michael Scott Orfinger
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2024-10-29
|
| Type |
Order
|
| Subtype |
Order on Motion/Request for Oral Argument
|
| Description |
Order on Motion/Request for Oral Argument; REQ OA DENIED
|
| View |
View File
|
|
| Docket Date |
2024-10-28
|
| Type |
Misc. Events
|
| Subtype |
Miscellaneous Docket Entry
|
| Description |
Miscellaneous Docket Entry - REQUEST FOR ORAL ARGUMENT
|
| On Behalf Of |
Markel Insurance Company
|
|
| Docket Date |
2024-10-17
|
| Type |
Response
|
| Subtype |
Reply
|
| Description |
Reply to Response to Petition
|
| On Behalf Of |
Markel Insurance Company
|
|
| Docket Date |
2024-10-14
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response to Motion for Attorney's Fees
|
| On Behalf Of |
Markel Insurance Company
|
|
| Docket Date |
2024-10-04
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Reply to Response
|
| Description |
Order on Motion for Extension of Time to Reply to Response TO 10/17
|
| View |
View File
|
|
| Docket Date |
2024-10-02
|
| Type |
Motions Extensions
|
| Subtype |
Motion Extension of Time To Reply To Response
|
| Description |
Motion Extension of Time To Reply To Response
|
| On Behalf Of |
Markel Insurance Company
|
|
| Docket Date |
2024-09-25
|
| Type |
Record
|
| Subtype |
Appendix to Response
|
| Description |
Appendix to Response
|
| On Behalf Of |
Ashley Lemay-Kwaiser
|
|
| Docket Date |
2024-09-25
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response to PETITION PER 8/5 ORDER
|
| On Behalf Of |
Ashley Lemay-Kwaiser
|
|
| Docket Date |
2024-09-25
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
|
| On Behalf Of |
Ashley Lemay-Kwaiser
|
|
| Docket Date |
2024-08-23
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to File Response
|
| Description |
Order on Motion for Extension of Time to File Response; ASHLEY LEMAY-KWAIER RESPONSE BY 9/25
|
| View |
View File
|
|
| Docket Date |
2024-08-21
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to File Response
|
| Description |
Motion for Extension of Time to File Response
|
| On Behalf Of |
Ashley Lemay-Kwaiser
|
|
| Docket Date |
2024-08-06
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Ashley Lemay-Kwaiser
|
|
| Docket Date |
2024-08-05
|
| Type |
Order
|
| Subtype |
Order to File Response
|
| Description |
Order to File Response; RESPONSE W/IN 20 DYS; REPLY W/IN 10 DYS
|
| View |
View File
|
|
| Docket Date |
2024-08-01
|
| Type |
Event
|
| Subtype |
Fee Paid Through Portal
|
| Description |
Fee Paid Through Portal
|
| View |
View File
|
|
| Docket Date |
2024-07-31
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
Order on Filing Fee
|
| View |
View File
|
|
| Docket Date |
2024-07-31
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
| View |
View File
|
|
| Docket Date |
2024-07-31
|
| Type |
Record
|
| Subtype |
Appendix to Petition
|
| Description |
Appendix to Petition
|
|
| Docket Date |
2024-07-31
|
| Type |
Petition
|
| Subtype |
Petition Certiorari
|
| Description |
Petition Certiorari - Filed Here 7/31/2024
|
|
| Docket Date |
2024-12-20
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
Miscellaneous Motion to Determine Jurisdiction...
|
| On Behalf Of |
Markel Insurance Company
|
|
|
|
LEMARTEC CORPORATION, et al., Appellant(s) v. EAST COAST METAL STRUCTURES CORP., Appellee(s).
|
4D2023-0601
|
2023-03-08
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County
502017CA010645
|
Parties
| Name |
TELLUS PRODUCTS, LLC
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
Renewco, LLC
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
Suretec Insurance Co.
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
LEMARTEC CORPORATION
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Kelly R. Melchiondo, Joy Spillis Lundeen, Felix X. Rodriguez
|
|
| Name |
PHILADELPHIA INDEMNITY INSURANCE COMPANY
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
EAST COAST METAL STRUCTURES CORP.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Thomasina F. Moore, Paul J. Kneski
|
|
| Name |
Hon. Scott Ryan Kerner
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Palm Beach
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2023-08-18
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
Order Striking Appendix - Non-Compliance With R. 9.220 ~ ORDERED that appellants' appendix to the initial brief is stricken as not in compliance with Florida Rule of Appellate Procedure 9.220(c), which was amended effective October 1, 2017, in that it was not properly indexed and consecutively paginated, beginning with the cover sheet as page 1, was not paginated so that the page numbers displayed by the PDF reader exactly match the pagination of the index, and contains bookmarks which are not in compliance with Rule 9.220(c)(3). An amended appendix in compliance with Rule 9.220(c) shall be filed within two (2) days from the date of this order.
|
|
| Docket Date |
2023-06-09
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
ORD-Stricken ~ ORDERED that Thomasina Moore's June 8, 2023 notice of appearance is stricken as not in compliance with Florida Rule of Appellate Procedure 9.420(d) in that the certificate of service does not comply in substance with the requirements of Florida Rule of General Practice and Judicial Administration 2.516(f) and as not in compliance with Florida Rule of Appellate Procedure 9.045, which became effective January 1, 2021, in that it is a computer-generated document which does not comply with the font requirements set forth in Rule 9.045(b). An amended document in compliance with the Rules shall be filed within two (2) days from the date of this order.
|
|
| Docket Date |
2023-03-08
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
ORD-Pay Filing Fee-Civil Appeal ~ The jurisdiction of this court was invoked by filing of a Notice of Appeal in the lower tribunal. The $300.00 filing fee required by the applicable rule of procedure and Section 35.22(2)(a), Florida Statutes (2021), is due and payable REGARDLESS OF WHETHER THE APPEAL IS LATER DISMISSED VOLUNTARILY OR ADVERSELY.ORDERED that appellant shall pay the $300.00 filing fee or file the lower tribunal clerk's determination of indigent status in this court within ten (10) days from the date of this order. The fee may be paid electronically through the Florida Courts E-Filing Portal – see the court’s website for details. Failure to comply within the time prescribed will result in dismissal of this cause and may result in the court sanctioning of any party, or the party's attorney, who has not paid the filing fee. The attorney filing the Notice of Appeal has a duty to tender the filing fee to the appellate court when the appeal is initiated. See In Re Payment of Filing Fees, 744 So. 2d 1025 (Fla. 4th DCA 1997). Failure of the attorney to pay will result in referral to the Department of Financial Services for collection.**NOTE: This order does not toll the time for filing any pleadings necessary to prosecute this appeal and no extensions of time will be entertained. Once the fee is paid, it is not refundable. Except for dismissal, this court will take no action in this appeal until the filing fee is paid or until a lower tribunal clerk's determination of indigent status is filed.
|
|
| Docket Date |
2023-11-14
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
30 Days to 12/15/2023
|
|
| Docket Date |
2023-11-14
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
| Description |
Notice of Agreed Extension of Time - Answer Brief
|
| On Behalf Of |
East Coast Metal Structures Corp.
|
|
| Docket Date |
2023-09-15
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
60 DAYS TO 11/15/2023
|
|
| Docket Date |
2023-09-15
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
| Description |
Notice of Agreed Extension of Time - Answer Brief
|
| On Behalf Of |
East Coast Metal Structures Corp.
|
|
| Docket Date |
2023-08-28
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
|
| On Behalf Of |
Lemartec Corporation
|
|
| Docket Date |
2023-08-28
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion/Request for Oral Argument
|
| Description |
Request for Oral Argument
|
| On Behalf Of |
Lemartec Corporation
|
|
| Docket Date |
2023-08-18
|
| Type |
Brief
|
| Subtype |
Amended Initial Brief
|
| Description |
Amended Appellant's Initial Brief
|
| On Behalf Of |
Lemartec Corporation
|
|
| Docket Date |
2024-09-03
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
| View |
View File
|
|
| Docket Date |
2024-08-15
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2024-08-15
|
| Type |
Order
|
| Subtype |
Order on Motion for Rehearing En Banc
|
| Description |
ORDERED that Appellee's June 20, 2024 motion for rehearing and rehearing en banc is denied.
|
| View |
View File
|
|
| Docket Date |
2024-07-25
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Appellants' Opposition to ECM's Motion for Rehearing
|
| On Behalf Of |
Lemartec Corporation
|
|
| Docket Date |
2024-07-08
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to File Response
|
| Description |
ORDERED that Appellants' July 3, 2024 motion for extension of time is granted, and the time for filing a response to Appellee's June 20, 2024 motion for rehearing is extended to and including July 26, 2024.
|
| View |
View File
|
|
| Docket Date |
2024-07-04
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to File Response
|
| Description |
Appellants' Motion for Extension of Time to Serve Response to Appellee's Motion for Rehearing
|
|
| Docket Date |
2024-06-21
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion for Rehearing and Rehearing En Banc
|
| Description |
Motion for Rehearing and Rehearing En Banc
|
|
| Docket Date |
2024-06-13
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
ORDERED that Appellee's June 12, 2024 motion for extension of time is granted, and Appellee shall file the motion for rehearing on or before June 20, 2024.
|
| View |
View File
|
|
| Docket Date |
2024-06-12
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time
|
| Description |
Motion for Extension of Time to File Motion for Rehearing
|
|
| Docket Date |
2024-06-04
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Order on Motion for Extension of Time
|
| View |
View File
|
|
| Docket Date |
2024-05-29
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time
|
| Description |
Motion for Extension of Time to File Motion for Rehearing
|
|
| Docket Date |
2024-05-15
|
| Type |
Order
|
| Subtype |
Order on Motion For Attorney's Fees
|
| Description |
Order on Motion For Attorney's Fees
|
| View |
View File
|
|
| Docket Date |
2024-05-15
|
| Type |
Disposition by Opinion
|
| Subtype |
Reversed
|
| Description |
Reversed
|
| View |
View File
|
|
| Docket Date |
2024-03-21
|
| Type |
Notice
|
| Subtype |
Notice of Supplemental Authority
|
| Description |
Notice of Supplemental Authority
|
| On Behalf Of |
Lemartec Corporation
|
|
| Docket Date |
2024-02-21
|
| Type |
Response
|
| Subtype |
Reply to Response
|
| Description |
Reply to Appellants' Opposition to Motion to Tax Attorney's Fees and Motion to Accept its Motion to Tax Appellate Attorney's Fees as Timely Filed
|
| On Behalf Of |
East Coast Metal Structures Corp.
|
| View |
View File
|
|
| Docket Date |
2024-02-14
|
| Type |
Response
|
| Subtype |
Objection
|
| Description |
Appelleants' Opposition to Appellee's Motion to tax Appellate Attorneys' Fees and Motion to Accept Its Motion to Tax Appellate Attorneys' Fees as Timely Filed
|
|
| Docket Date |
2024-02-12
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
Appellee's Motion To Accept its Motion to Tax Appellate Attorneys' Fees as Timely Filed
|
|
| Docket Date |
2024-02-12
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Appellee's Second Amended Motion for Appellate Attorney's Fees
|
|
| Docket Date |
2024-02-09
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
Order Striking Filing
|
| View |
View File
|
|
| Docket Date |
2024-02-07
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
Miscellaneous Motion
|
|
| Docket Date |
2024-02-07
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
|
|
| Docket Date |
2024-02-07
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
Order Striking Filing
|
| View |
View File
|
|
| Docket Date |
2024-02-06
|
| Type |
Order
|
| Subtype |
Order on Motion/Request for Oral Argument
|
| Description |
Order on Motion/Request for Oral Argument
|
| View |
View File
|
|
| Docket Date |
2024-01-31
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Reply Brief
|
| On Behalf Of |
Lemartec Corporation
|
| View |
View File
|
|
| Docket Date |
2024-01-11
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
15 Days to 01/31/2024
|
|
| Docket Date |
2024-01-11
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Reply Brief
|
| Description |
Notice of Agreed Extension of Time - Reply Brief
|
| On Behalf Of |
Lemartec Corporation
|
|
| Docket Date |
2023-12-16
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Answer Brief
|
| On Behalf Of |
East Coast Metal Structures Corp.
|
| View |
View File
|
|
| Docket Date |
2023-08-18
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Brief
|
| On Behalf Of |
Lemartec Corporation
|
|
| Docket Date |
2023-08-17
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Brief ~ **STRICKEN**
|
| On Behalf Of |
Lemartec Corporation
|
|
| Docket Date |
2023-08-17
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
Lemartec Corporation
|
|
| Docket Date |
2023-08-15
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
Order Granting EOT for Initial Brief ~ ORDERED that appellants’ August 14, 2023 motion for extension of time is granted, and appellants shall serve the initial brief on or before August 17, 2023. In addition, if the initial brief is not served within the time provided for in this order, the above-styled case may be subject to dismissal or the court in its discretion may impose other sanctions.
|
|
| Docket Date |
2023-08-14
|
| 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 |
Lemartec Corporation
|
|
| Docket Date |
2023-07-05
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 30 DAYS TO 08/14/2023
|
|
| Docket Date |
2023-07-05
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
| Description |
Notice of Agreed Extension - Initial Brief
|
| On Behalf Of |
Lemartec Corporation
|
|
| Docket Date |
2023-06-15
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
East Coast Metal Structures Corp.
|
|
| Docket Date |
2023-06-13
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
Stricken - No or Noncompliant Cert. of Service ~ ORDERED that Thomasina Moore's June 8, 2023 notice of appearance is stricken as not in compliance with Florida Rule of Appellate Procedure 9.420(d) in that the certificate of service does not comply in substance with the requirements of Florida Rule of General Practice and Judicial Administration 2.516(f). An amended document in compliance with the Rules shall be filed within two (2) days from the date of this order.
|
|
| Docket Date |
2023-06-09
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance ~ ***STRICKEN***
|
| On Behalf Of |
East Coast Metal Structures Corp.
|
|
| Docket Date |
2023-06-08
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance ~ **STRICKEN**
|
| On Behalf Of |
East Coast Metal Structures Corp.
|
|
| Docket Date |
2023-05-11
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
| Description |
Notice of Agreed Extension - Initial Brief
|
| On Behalf Of |
Lemartec Corporation
|
|
| Docket Date |
2023-05-11
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 60 DAYS TO 07/17/2023
|
|
| Docket Date |
2023-05-03
|
| Type |
Order
|
| Subtype |
Order on Motion to Supplement Record & EOT/Toll Briefing
|
| Description |
Order Granting Motion to Supplement the Record ~ ORDERED that appellee's May 2, 2023 motion to supplement the record is granted. The material requested in the motion shall be included in the record on appeal. The clerk of the lower tribunal shall prepare and file the supplemental material in this court within ten (10) days from the date of this order. Appellee shall monitor the supplementation process.
|
|
| Docket Date |
2023-05-03
|
| Type |
Record
|
| Subtype |
Supplemental Record
|
| Description |
Supplemental Records ~ 217 PAGES (PAGES 11,342 to 11,648)
|
| On Behalf Of |
Clerk - Palm Beach
|
|
| Docket Date |
2023-05-02
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion to Supplement Record
|
| Description |
Motion To File Supplemental Record
|
| On Behalf Of |
East Coast Metal Structures Corp.
|
|
| Docket Date |
2023-04-26
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ PAGES 1-11,431
|
| On Behalf Of |
Clerk - Palm Beach
|
|
| Docket Date |
2023-03-08
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
Lemartec Corporation
|
|
| Docket Date |
2023-03-08
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid Through Portal
|
| On Behalf Of |
Lemartec Corporation
|
|
| Docket Date |
2023-03-08
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
|
|
MEI LI and BING WANG VS CASA LA QUINTA CONDOMINIUMS ASSOCIATION, INC., et al.
|
4D2022-2842
|
2022-10-20
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
CACE22-001600
|
Parties
| Name |
Mei Li
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
Bing Wang
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Erin Pogue Newell
|
|
| Name |
ARDENT VENTURES LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Citizens Property Insurance Corporation
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
PHILADELPHIA INDEMNITY INSURANCE COMPANY
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
EXCLUSIVE PROPERTY MANAGEMENT CORP
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
USI INSURANCE SERVICES LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Hon. Barbara Anne McCarthy
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Broward
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
| Name |
Casa La Quinta Condominiums Association, Inc.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Brian Scott Jacobson, Brett A. Kaplan, Daniel M. Schwarz, Kara Rockenbach Link, Gregory S. Glasser, Michael Simon, Jason M. Azzarone
|
|
Docket Entries
| Docket Date |
2023-08-03
|
| Type |
Motions Other
|
| Subtype |
Motion To Relinquish Jurisdiction
|
| Description |
Motion To Relinquish Jurisdiction ~ OR APPELLANTS MOTION TO DISSMISS THIS APPEAL VOLUNTARILY
|
| On Behalf Of |
Mei Li
|
|
| Docket Date |
2023-06-16
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
Order Granting EOT for Initial Brief ~ ORDERED that appellants’ June 14, 2023 motion for extension of time is granted, and appellants shall serve the initial brief on or before August 3, 2023. In addition, if the initial brief is not served within the time provided for in this order, the above-styled case may be subject to dismissal or the court in its discretion may impose other sanctions.
|
|
| Docket Date |
2023-03-13
|
| Type |
Order
|
| Subtype |
Order on Motion For Clarification
|
| Description |
Deny Clarification ~ ORDERED that, upon consideration of appellee Philadelphia Indemnity Insurance Company’s March 6, 2023 response, appellants’ February 28, 2023 motion for clarification and written opinion is denied. Schwarz v. Nourse, 390 So. 3d 389, 392 (Fla. 4th DCA 1980) (“It has generally been held that courts do not have the power to give legal advice or opinions.”). Further, ORDERED that appellants shall file a copy of the February 20, 2023 order on Philadelphia Indemnity Insurance Company’s motion for entry of final order within ten (10) days from the date of this order.
|
|
| Docket Date |
2022-12-14
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Grant Extension of Time ~ ORDERED that appellants’ December 13, 2022 motion for extension of time is granted. Appellants have thirty (30) days from the date of this order to comply with this Court’s October 25, 2022 order.
|
|
| Docket Date |
2022-10-25
|
| Type |
Order
|
| Subtype |
Order to File Response re Jurisdiction
|
| Description |
Aplnt to Obtain Final Order-Per Dobrick ~ It appearing that the order to which the Notice of Appeal is directed is a non-appealable, non-final order, appellants shall have thirty (30) days from the date of this order to obtain a final order as to the claims against Philadelphia Indemnity Insurance Company and to file a copy in this court. Failure to do so will result in sua sponte dismissal of the appeal. See Fla. R. App. P. 9.110(l); Dobrick v. Discovery Cruises, Inc., 581 So. 2d 645 (Fla. 4th DCA 1991); see also Paulino v. BJ’s Wholesale Club, Inc., 106 So. 3d 985, 987 (Fla. 4th DCA 2013) (“On the other hand, it is well-established that an order which merely grants a motion to dismiss, as contrasted with an order dismissing a complaint or an action, is not a final order.”). ORDERED that the trial court is specifically authorized, pursuant to Florida Rule of Appellate Procedure 9.600(b), upon appropriate application, to enter a final order in these proceedings.
|
|
| Docket Date |
2022-10-20
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
Mei Li
|
|
| Docket Date |
2022-10-20
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2023-08-23
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Clerk
|
|
| Docket Date |
2023-08-23
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
Order Granting Voluntary Dismissal ~ ORDERED that the July 31, 2023 motion of Erin Pogue Newell, counsel for appellants, to withdraw as counsel is granted. Further, ORDERED that appellants’ August 3, 2023 motion to relinquish jurisdiction is denied. Appellants’ request to voluntarily dismiss the above-styled appeal is granted, and the above-styled appeal is dismissed. Further, ORDERED that appellants’ July 31, 2023 motion for extension of time to file initial brief is determined to be moot.CIKLIN, GERBER and CONNER, JJ., concur.
|
|
| Docket Date |
2023-08-17
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ TO APPELLANTS' RENEWED MOTION TO RELINQUISH JURISDICTION OR MOTION TO DISMISS APPEAL VOLUNTARILY
|
| On Behalf Of |
Casa La Quinta Condominiums Association, Inc.
|
|
| Docket Date |
2023-08-17
|
| Type |
Notice
|
| Subtype |
Notice of Joinder in Filing
|
| Description |
Notice of Joinder
|
| On Behalf Of |
Casa La Quinta Condominiums Association, Inc.
|
|
| Docket Date |
2023-08-14
|
| Type |
Notice
|
| Subtype |
Notice of Filing
|
| Description |
Notice of Filing ~ SUPPORTING FACTS AND AUTHORITIES FOR RENEWED MOTION TO RELINQUISH JURISDICTION FILED ON AUGUST 3, 2023
|
| On Behalf Of |
Mei Li
|
|
| Docket Date |
2023-08-09
|
| Type |
Notice
|
| Subtype |
Notice of Joinder in Filing
|
| Description |
Notice of Joinder
|
| On Behalf Of |
Casa La Quinta Condominiums Association, Inc.
|
|
| Docket Date |
2023-08-08
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ TO MOTION FOR EXTENSION OF TIME TO SERVE INITIAL BRIEF
|
| On Behalf Of |
Casa La Quinta Condominiums Association, Inc.
|
|
| Docket Date |
2023-07-31
|
| 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 |
Bing Wang
|
|
| Docket Date |
2023-07-31
|
| Type |
Motions Relating to Parties and Counsel
|
| Subtype |
Motion To Withdraw as Counsel
|
| Description |
Motion To Withdraw as Counsel
|
| On Behalf Of |
Bing Wang
|
|
| Docket Date |
2023-06-14
|
| 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 |
Bing Wang
|
|
| Docket Date |
2023-06-12
|
| Type |
Record
|
| Subtype |
Supplemental Record
|
| Description |
Supplemental Records ~ 98 PAGES
|
| On Behalf Of |
Clerk - Broward
|
|
| Docket Date |
2023-06-09
|
| Type |
Order
|
| Subtype |
Order on Motion to Supplement Record & EOT/Toll Briefing
|
| Description |
Order Granting Motion to Supplement the Record ~ ORDERED that appellants’ June 8, 2023 corrected motion to supplement the record is granted. The material requested in the motion shall be included in the record on appeal. The clerk of the lower tribunal shall prepare and file the supplemental material in this court within ten (10) days from the date of this order. Appellants shall monitor the supplementation process.
|
|
| Docket Date |
2023-06-08
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion to Supplement Record
|
| Description |
Motion To File Supplemental Record ~ CORRECTED
|
| On Behalf Of |
Bing Wang
|
|
| Docket Date |
2023-05-04
|
| Type |
Record
|
| Subtype |
Supplemental Record
|
| Description |
Supplemental Records ~ 120 PAGES
|
| On Behalf Of |
Clerk - Broward
|
|
| Docket Date |
2023-04-28
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
Order Granting EOT for Initial Brief ~ ORDERED that appellants’ April 27, 2023 motion for extension of time is granted, and appellants shall serve the initial brief on or before June 16, 2023. In addition, if the initial brief is not served within the time provided for in this order, the above-styled case may be subject to dismissal or the court in its discretion may impose other sanctions.
|
|
| Docket Date |
2023-04-27
|
| 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 |
Bing Wang
|
|
| Docket Date |
2023-04-25
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ CORRECTED -- 2,618 PAGES
|
| On Behalf Of |
Clerk - Broward
|
|
| Docket Date |
2023-04-21
|
| Type |
Order
|
| Subtype |
Order on Motion to Supplement Record & EOT/Toll Briefing
|
| Description |
Order Granting Motion to Supplement the Record ~ ORDERED that appellants’ April 20, 2023 motion to supplement the record is granted. The material requested in the motion shall be included in the record on appeal. The clerk of the lower tribunal shall prepare and file the supplemental material in this court within ten (10) days from the date of this order. Appellants shall monitor the supplementation process.
|
|
| Docket Date |
2023-04-20
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion to Supplement Record
|
| Description |
Motion To File Supplemental Record
|
| On Behalf Of |
Bing Wang
|
|
| Docket Date |
2023-04-11
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ 2,618 PAGES
|
| On Behalf Of |
Clerk - Broward
|
|
| Docket Date |
2023-03-21
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Bing Wang
|
|
| Docket Date |
2023-03-21
|
| Type |
Misc. Events
|
| Subtype |
Miscellaneous Trial Court Order
|
| Description |
ORD-FROM CIRCUIT COURT/AGENCY ~ Final Order
|
| On Behalf Of |
Bing Wang
|
|
| Docket Date |
2023-03-06
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ Philadelphia Indemnity Insurance Company's response to appellant's Motion for Clarification
|
| On Behalf Of |
Casa La Quinta Condominiums Association, Inc.
|
|
| Docket Date |
2023-03-06
|
| Type |
Notice
|
| Subtype |
Notice of Joinder in Filing
|
| Description |
Notice of Joinder
|
| On Behalf Of |
Casa La Quinta Condominiums Association, Inc.
|
|
| Docket Date |
2023-02-28
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix ~ TO MOTION FOR CLARIFICATION
|
| On Behalf Of |
Mei Li
|
|
| Docket Date |
2023-02-28
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion For Clarification
|
| Description |
Motion for Clarification
|
| On Behalf Of |
Mei Li
|
|
| Docket Date |
2023-02-13
|
| Type |
Disposition by Order
|
| Subtype |
Granted in Part/Denied in Part
|
| Description |
ORD-Grant in Part/Deny in Part ~ ORDERED that appellee Citizens Property Insurance’s January 6, 2023 motion to dismiss is granted, and Citizens Property Insurance is dismissed from the above-styled appeal. See Cobb v. St. Joseph’s Hosp., Inc., 550 So. 2d 1, 2 (Fla. 2d DCA 1989) (“The general test for sufficiency of a notice of appeal is whether the notice of appeal gives sufficient information to determine, with a reasonable degree of certainty, the order being appealed.”). Further, ORDERED that appellants’ January 13, 2023 motion for extension of time is granted in part to the extent it requests an extension of time to comply with the court’s October 25, 2022 order. Appellants shall have thirty (30) days from the date of this order to comply with this Court’s October 25, 2022 order. All other relief requested in the motion is denied. Further, ORDERED that appellants’ February 8, 2023 motion to relinquish jurisdiction is denied.GROSS, CONNER and ARTAU, JJ., concur.
|
|
| Docket Date |
2023-02-08
|
| Type |
Motions Other
|
| Subtype |
Motion To Relinquish Jurisdiction
|
| Description |
Motion To Relinquish Jurisdiction
|
| On Behalf Of |
Mei Li
|
|
| Docket Date |
2023-01-26
|
| Type |
Notice
|
| Subtype |
Notice of Joinder in Filing
|
| Description |
Notice of Joinder ~ in Philadelphia Indemnity Insurance Company's Response to Motion for Extension of Time
|
| On Behalf Of |
Casa La Quinta Condominiums Association, Inc.
|
|
| Docket Date |
2023-01-26
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ TO MOTION FOR EXTENSION OF TIME (Philadelphia Indemnity Insurance Company's Response)
|
| On Behalf Of |
Casa La Quinta Condominiums Association, Inc.
|
|
| Docket Date |
2023-01-23
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ TO MOTION FOR EXTENSION OF TIME (Citizens Property Insurance Corporation's Response)
|
| On Behalf Of |
Casa La Quinta Condominiums Association, Inc.
|
|
| Docket Date |
2023-01-13
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time
|
| Description |
Motion for Extension of Time ~ TO FILE NEW NOTICE OF APPEAL
|
| On Behalf Of |
Mei Li
|
|
| Docket Date |
2023-01-06
|
| Type |
Motions Other
|
| Subtype |
Motion To Dismiss
|
| Description |
Motion To Dismiss
|
| On Behalf Of |
Casa La Quinta Condominiums Association, Inc.
|
|
| Docket Date |
2023-01-06
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Casa La Quinta Condominiums Association, Inc.
|
|
| Docket Date |
2023-01-06
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix ~ TO MOTION TO DISMISS
|
| On Behalf Of |
Casa La Quinta Condominiums Association, Inc.
|
|
| Docket Date |
2022-12-13
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time
|
| Description |
Motion for Extension of Time
|
| On Behalf Of |
Mei Li
|
|
| Docket Date |
2022-12-12
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Casa La Quinta Condominiums Association, Inc.
|
|
| Docket Date |
2022-10-28
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid Through Portal
|
| On Behalf Of |
Mei Li
|
|
| Docket Date |
2022-10-20
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2022-10-20
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
ORD-Pay Filing Fee - pro se civil appeal ~ The jurisdiction of this court was invoked by filing of a Notice of Appeal in the lower tribunal. The $300.00 filing fee required by the applicable rule of procedure and Section 35.22(2)(a), Florida Statutes (2021), is due and payable REGARDLESS OF WHETHER THE APPEAL IS LATER DISMISSED VOLUNTARILY OR ADVERSELY.ORDERED, appellant shall pay the $300.00 filing fee or file the lower tribunal clerk's determination of indigent status in this court within ten (10) days from the date of the entry of this order. The fee may be paid electronically through the Florida Courts E-Filing Portal – see the court’s website for details. Failure to comply within the time prescribed will result in dismissal of this cause and may result in the court sanctioning of any party, or the party's attorney, who has not paid the filing fee.If appellant has already been found indigent for purposes of proceedings in the lower tribunal, in this case, appellant shall file a copy of that order in this court. If appellant does not have an order or a determination of indigent status and believes that he or she is insolvent, appellant shall complete the enclosed application and mail to the clerk of the lower tribunal within fifteen (15) days from the date of this order. A Notice of Compliance that you have applied for indigent status, must also be filed with this court. The clerk of the lower tribunal shall forward the Clerk's Determination to this court within ten (10) days of receipt. Failure of appellant to comply with this order will result in the dismissal of this appeal.**NOTE: This order does not toll the time for filing any pleadings necessary to prosecute this appeal and no extensions of time will be entertained. Once the fee is paid, it is not refundable. Except for dismissal, this court will take no action in this appeal until the filing fee is paid or until a lower tribunal clerk's determination of indigent status is filed.
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|
|
|
EAST COAST METAL STRUCTURES CORP. VS LEMARTEC CORPORATION, et al.
|
4D2021-3260
|
2021-11-16
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County
502017CA010645
|
Parties
| Name |
EAST COAST METAL STRUCTURES CORP.
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Paul J. Kneski
|
|
| Name |
PHILADELPHIA INDEMNITY INSURANCE COMPANY
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Renewco, LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
TELLUS PRODUCTS, LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Suretec Insurance Co.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
LEMARTEC CORPORATION
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Alexander Leon, Katrina Flores, Felix X. Rodriguez, Joy Spillis Lundeen, Kelly R. Melchiondo
|
|
| Name |
Hon. Howard Coates, Jr.
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Palm Beach
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2023-03-31
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2023-03-31
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2023-03-14
|
| Type |
Order
|
| Subtype |
Order on Motion for Reconsideration/Rehearing of an Order
|
| Description |
ORD-Grant Rehearing on Interim Order ~ ORDERED that appellant’s February 6, 2023 motion for order clarifying February 2, 2023 order on appellate fees is granted. This court's February 2, 2023 order is amended as follows:ORDERED that appellees’ September 22, 2022 motion for award of attorney's fees isgranted conditioned on the trial court determining that appellees are the prevailing party and,if so, setting the amount of the attorney's fees to be awarded for this appellate case. If amotion for rehearing is filed in this court, then services rendered in connection with the filingof the motion, including but not limited to preparation of a responsive pleading, shall be takeninto account in computing the amount of the fee. Further,ORDERED that appellant’s September 22, 2022 motion for award of attorney's fees isgranted conditioned on the trial court determining that appellant is the prevailing party and, if so, setting the amount of the attorney's fees to be awarded for this appellate case. If amotion for rehearing is filed in this court, then services rendered in connection with the filingof the motion, including but not limited to preparation of a responsive pleading, shall be takeninto account in computing the amount of the fee. The motion is denied to the extent appellantseeks fees pursuant to Florida Statute 713.29.
|
|
| Docket Date |
2023-02-06
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion for Rehearing
|
| Description |
Motion For Rehearing/Interim Order ~ (MOTION FOR CLARIFICATION)
|
| On Behalf Of |
East Coast Metal Structures Corp.
|
|
| Docket Date |
2023-02-02
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed - Per Curiam Affirmed
|
|
| Docket Date |
2023-02-02
|
| Type |
Order
|
| Subtype |
Order on Motion For Attorney's Fees
|
| Description |
Order Granting Attorney Fees-Prevailing ~ ORDERED that appellees’ September 22, 2022 motion for award of attorney's fees is granted conditioned on the trial court determining that appellees are the prevailing party and, if so, setting the amount of the attorney's fees to be awarded for this appellate case. If a motion for rehearing is filed in this court, then services rendered in connection with the filing of the motion, including but not limited to preparation of a responsive pleading, shall be taken into account in computing the amount of the fee. Further,ORDERED that appellant’s September 22, 2022 motion for award of attorney's fees is granted conditioned on the trial court determining that appellees are the prevailing party and, if so, setting the amount of the attorney's fees to be awarded for this appellate case. If a motion for rehearing is filed in this court, then services rendered in connection with the filing of the motion, including but not limited to preparation of a responsive pleading, shall be taken into account in computing the amount of the fee. The motion is denied to the extent appellant seeks fees pursuant to Florida Statute 713.29.
|
|
| Docket Date |
2023-01-17
|
| Type |
Misc. Events
|
| Subtype |
Oral Argument Date Set
|
| Description |
Oral Argument Date Set ~ 4DCA
|
|
| Docket Date |
2022-11-01
|
| Type |
Order
|
| Subtype |
Order on Motion/Request for Oral Argument
|
| Description |
ORD-Setting Oral Argument ~ This case is set for Oral Argument on January 17, 2023, at 10:00 A.M. for 15 minutes per side, in person at the Fourth District Court of Appeal Courthouse. If a side anticipates more than two attorneys sitting at counsel table during oral argument, it shall contact the Marshal’s Office by phone at least two business days before the oral argument session. The court calendars can be viewed on this court's website at www.4dca.org. In criminal cases where a victim, as defined in Article I, Section 16(e) of the Florida Constitution, has invoked their right to notice under Article I, Section 16(b)(6) of the Florida Constitution, the State shall provide the victim with notice of this oral argument and of any changes to the scheduled date or time.
|
|
| Docket Date |
2022-09-22
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees ~ **AMENDED**
|
| On Behalf Of |
East Coast Metal Structures Corp.
|
|
| Docket Date |
2022-09-22
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant's Reply Brief
|
| On Behalf Of |
East Coast Metal Structures Corp.
|
|
| Docket Date |
2022-08-26
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief
|
| On Behalf Of |
Lemartec Corporation
|
|
| Docket Date |
2022-08-22
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
| Description |
Order Granting EOT for Answer Brief ~ ORDERED that appellees’ August 19, 2022 motion for extension of time is granted, and appellees shall serve the answer brief on or before August 26, 2022. In addition, appellees are notified that the failure to serve the brief within the time provided herein may foreclose appellee's right to file a brief or otherwise participate in this appeal.
|
|
| Docket Date |
2022-08-19
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Lemartec Corporation
|
|
| Docket Date |
2022-08-19
|
| 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 |
Lemartec Corporation
|
|
| Docket Date |
2022-07-15
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
| Description |
Notice of Agreed Extension - Answer Brief
|
| On Behalf Of |
Lemartec Corporation
|
|
| Docket Date |
2022-07-15
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 30 DAYS TO 8/19/22.
|
|
| Docket Date |
2022-06-16
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
| Description |
Notice of Agreed Extension - Answer Brief
|
| On Behalf Of |
Lemartec Corporation
|
|
| Docket Date |
2022-06-16
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 30 DAYS TO 7/19/22.
|
|
| Docket Date |
2022-05-20
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
| Description |
Notice of Agreed Extension - Answer Brief
|
| On Behalf Of |
Lemartec Corporation
|
|
| Docket Date |
2022-05-20
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 30 DAYS TO 6/19/22.
|
|
| Docket Date |
2022-04-25
|
| Type |
Order
|
| Subtype |
Order on Motion To File Enlarged Brief
|
| Description |
Order Authorizing Longer Brief ~ ORDERED that appellant's April 20, 2022 motion to file enlarged brief is granted and the initial brief is deemed filed as of the date of this order.
|
|
| Docket Date |
2022-04-25
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits ~ **ORDER ISSUED GRANTING ENLARGED BRIEF**
|
| On Behalf Of |
East Coast Metal Structures Corp.
|
|
| Docket Date |
2022-04-20
|
| Type |
Motions Relating to Briefs
|
| Subtype |
Motion To File Enlarged Brief
|
| Description |
Motion To File Enlarged Brief
|
| On Behalf Of |
East Coast Metal Structures Corp.
|
|
| Docket Date |
2022-04-19
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
|
| On Behalf Of |
East Coast Metal Structures Corp.
|
|
| Docket Date |
2022-04-19
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion/Request for Oral Argument
|
| Description |
Request for Oral Argument
|
| On Behalf Of |
East Coast Metal Structures Corp.
|
|
| Docket Date |
2022-04-07
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 15 DAYS TO 04/23/2022
|
|
| Docket Date |
2022-04-07
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
| Description |
Notice of Agreed Extension - Initial Brief
|
| On Behalf Of |
East Coast Metal Structures Corp.
|
|
| Docket Date |
2022-03-08
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 30 DAYS TO 4/8/22.
|
|
| Docket Date |
2022-03-08
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
| Description |
Notice of Agreed Extension - Initial Brief
|
| On Behalf Of |
East Coast Metal Structures Corp.
|
|
| Docket Date |
2022-01-25
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 30 DAYS TO 3/9/22.
|
|
| Docket Date |
2022-01-25
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
| Description |
Notice of Agreed Extension - Initial Brief
|
| On Behalf Of |
East Coast Metal Structures Corp.
|
|
| Docket Date |
2022-01-12
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ 10,237 pages
|
|
| Docket Date |
2021-12-20
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Miscellaneous Order ~ ORDERED that, upon consideration of appellant’s November 29, 2021 jurisdictional brief, this appeal shall proceed. Fla. R. App. P. 9.110(l).
|
|
| Docket Date |
2021-12-02
|
| Type |
Notice
|
| Subtype |
Amended Notice of Appeal
|
| Description |
Amended Notice of Appeal
|
| On Behalf Of |
Clerk - Palm Beach
|
|
| Docket Date |
2021-11-29
|
| Type |
Brief
|
| Subtype |
Jurisdictional Brief
|
| Description |
Jurisdictional Brief
|
| On Behalf Of |
East Coast Metal Structures Corp.
|
|
| Docket Date |
2021-11-18
|
| Type |
Order
|
| Subtype |
Order to File Response re Jurisdiction
|
| Description |
AA - File Statement for Basis of Jurisdiction ~ ORDERED that, within ten (10) days from the date of this order, appellant shall file in this court a brief statement explaining the basis for this court's subject matter jurisdiction over the order appealed in this case, citing supporting legal authorities. Appellant shall specifically address how the November 4, 2021 order is an appealable final order, as it appears the amended final judgment did not address Count V of the complaint. See Flinn v. Flinn, 68 So. 3d 424 (Fla. 4th DCA 2011); Mendez v. W. Flagler Fam. Ass'n, 303 So. 2d 1, 5 (Fla. 1974) ("We adhere to the rule that piecemeal appeals should not be permitted where claims are legally interrelated and in substance involve the same transaction."). Further,Appellee may file a response within ten (10) days of service of that statement.
|
|
| Docket Date |
2021-11-17
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2021-11-17
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid Through Portal
|
| On Behalf Of |
East Coast Metal Structures Corp.
|
|
| Docket Date |
2021-11-17
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
ORD-Pay Filing Fee-Civil Appeal ~ The jurisdiction of this court was invoked by filing of a Notice of Appeal in the lower tribunal. The $300.00 filing fee required by the applicable rule of procedure and Section 35.22(2)(a), Florida Statutes, is due and payable REGARDLESS OF WHETHER THE APPEAL IS LATER DISMISSED VOLUNTARILY OR ADVERSELY.ORDERED that appellant shall pay the $300.00 filing fee or file the lower tribunal clerk's determination of indigent status in this court within ten (10) days from the date of this order. The fee may be paid electronically through the Florida Courts E-Filing Portal – see the court’s website for details. Failure to comply within the time prescribed will result in dismissal of this cause and may result in the court sanctioning of any party, or the party's attorney, who has not paid the filing fee. The attorney filing the Notice of Appeal has a duty to tender the filing fee to the appellate court when the appeal is initiated. See In Re Payment of Filing Fees, 744 So. 2d 1025 (Fla. 4th DCA 1997). Failure of the attorney to pay will result in referral to the Department of Financial Services for collection.**NOTE: This order does not toll the time for filing any pleadings necessary to prosecute this appeal and no extensions of time will be entertained. Once the fee is paid, it is not refundable. Except for dismissal, this court will take no action in this appeal until the filing fee is paid or until a lower tribunal clerk's determination of indigent status is filed.
|
|
| Docket Date |
2021-11-16
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2021-11-16
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
East Coast Metal Structures Corp.
|
|
|
