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BERMAN CONSTRUCTION & DEVELOPMENT, INC., Appellant(s) v. CARNAVAL HOME, LLC, et al., Appellee(s).
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4D2024-2174
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2024-08-26
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Open
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| Classification |
NOA Final - Circuit Civil - Other
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| Court |
4th District Court of Appeal
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| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
CACE20-002555
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Parties
| Name |
BERMAN CONSTRUCTION & DEVELOPMENT, INC.
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| Role |
Appellant
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| Status |
Active
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| Representations |
Michael A. Rosenberg, George Richard Truitt, Jr., Mitchell Irving Rozen
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|
| Name |
JAR COMMUNICATION & ELECTRICAL SYSTEMS CORP.
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| Role |
Appellee
|
| Status |
Active
|
|
| Name |
A. Greenwood Fine Carpenty, Inc.
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| Role |
Appellee
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| Status |
Active
|
|
| Name |
Hon. Keathan Briscoe Frink
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| Role |
Judge/Judicial Officer
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| Status |
Active
|
|
| Name |
Broward Clerk
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| Role |
Lower Tribunal Clerk
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| Status |
Active
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|
| Name |
CARNAVAL HOME, LLC
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| Role |
Appellee
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| Status |
Active
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| Representations |
Jesús E. Cuza, Chris Nick Kolos, Joshua Royas Levenson, Christopher Noel Bellows, Annelise Del Rivero
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Docket Entries
| Docket Date |
2024-11-22
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| Type |
Record
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| Subtype |
Exhibits
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| Description |
See Notice of Electronic Transmission
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| Docket Date |
2024-11-20
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| Type |
Notice
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| Subtype |
Notice of Electronic Transmission
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| Description |
Notice of Electronic Transmission
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| On Behalf Of |
Broward Clerk
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|
| Docket Date |
2024-11-20
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| Type |
Record
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| Subtype |
Record on Appeal
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| Description |
Record on Appeal pgs 1- 5,753
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| On Behalf Of |
Broward Clerk
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|
| Docket Date |
2024-11-15
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| Type |
Order
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| Subtype |
Order to File Status Report
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| Description |
ORDERED that Appellant is directed to file a status report, within ten (10) days from the date of this order, regarding the status of payment of the record.
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| View |
View File
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| Docket Date |
2024-11-06
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| Type |
Notice
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| Subtype |
Notice of Inability
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| Description |
Notice of Inability to Transmit the Record
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| On Behalf Of |
Broward Clerk
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| Docket Date |
2024-10-31
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| Type |
Recognizing Agreed Extension
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| Subtype |
Initial Brief
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| Description |
Initial Brief 60 days to 12/30/24
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| Docket Date |
2024-10-31
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| Type |
Notice
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| Subtype |
Notice of Agreed Extension of Time - Initial Brief
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| Description |
Notice of Agreed Extension of Time - Initial Brief
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| Docket Date |
2024-10-31
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| Type |
Response
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| Subtype |
Response
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| Description |
Response to Order to Show Cause
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| Docket Date |
2024-10-30
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| Type |
Order
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| Subtype |
Show Cause for Brief or Record on Appeal
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| Description |
ORDERED that Appellant in the above-styled case is directed to show cause in writing, if any there be, on or before November 7, 2024, why the above-styled case should not be dismissed for lack of timely prosecution, in that the record on appeal has not been filed with this court as of the date of this order. Failure to respond to this order will result in a sua sponte dismissal without further notice. If the record on appeal is filed within this time, the order to show cause will be considered automatically discharged without further order.
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| View |
View File
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| Docket Date |
2024-09-06
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| Type |
Brief
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| Subtype |
Jurisdictional Brief
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| Description |
Jurisdictional Brief
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| View |
View File
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| Docket Date |
2024-08-28
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| Type |
Notice
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| Subtype |
Notice of Appearance
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| Description |
Notice of Appearance
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| Docket Date |
2024-08-26
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| Type |
Miscellaneous Document
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| Subtype |
Pay Case Filing Fee-300
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| Description |
Pay Case Filing Fee-300
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| View |
View File
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| Docket Date |
2024-08-26
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| Type |
Letter
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| Subtype |
Acknowledgment Letter
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| Description |
Acknowledgment Letter
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| View |
View File
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| Docket Date |
2024-08-26
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| Type |
Notice
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| Subtype |
Notice of Appeal
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| Description |
Notice of Appeal
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| Docket Date |
2024-12-27
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| Type |
Recognizing Agreed Extension
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| Subtype |
Initial Brief
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| Description |
30 days to 01/29/2025
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| Docket Date |
2024-12-27
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| Type |
Notice
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| Subtype |
Notice of Agreed Extension of Time - Initial Brief
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| Description |
Notice of Agreed Extension of Time - Initial Brief
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| Docket Date |
2024-12-03
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| Type |
Order
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| Subtype |
Order Discharging Show Cause Order
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| Description |
ORDERED that, upon consideration of Lower Tribunal Clerk's response filed November 20, 2024, this court's October 30, 2024 order to show cause is discharged.
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| View |
View File
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| Docket Date |
2024-11-22
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| Type |
Response
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| Subtype |
Response
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| Description |
Response to Court's November 15, 2024 Order
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| On Behalf Of |
Berman Construction & Development, Inc.
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| Docket Date |
2024-11-13
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| Type |
Record
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| Subtype |
Record on Appeal
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| Description |
Record on Appeal; pages 1-5,753
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| On Behalf Of |
Broward Clerk
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| Docket Date |
2024-11-13
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| Type |
Notice
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| Subtype |
Notice of Electronic Transmission
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| Description |
Notice of Electronic Transmission
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| On Behalf Of |
Broward Clerk
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| Docket Date |
2024-09-25
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| Type |
Order
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| Subtype |
Order
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| Description |
ORDERED that, upon consideration of appellant's September 6, 2024 jurisdictional brief, this appeal shall proceed as to all orders specified in the August 22, 2024 Notice of Appeal, including the July 23, 2024 Order on Entitlement to Attorney's Fees and Costs.
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| View |
View File
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| Docket Date |
2024-08-29
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| Type |
Order
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| Subtype |
Order to File Response re Jurisdiction
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| Description |
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 July 23, 2024 "Order on Entitlement to Attorney's Fees and Costs" is a final or nonfinal appealable order, as it appears to determine the entitlement, but not the amount, of attorney's fees to be recovered. See Fla. R. App. P. 9.110, 9.130; see also Winkelman v. Toll, 632 So. 2d 130 (Fla. 4th DCA 1994) (dismissing appeal of order entitling attorney's fees without determining amount as not appealable); S. Owners Ins. Co. v. Logsdon, 75 So. 3d 1270, 1270 (Fla. 4th DCA 2011) (dismissing portion of appeal regarding award of attorney's fees as order granting entitlement to fees is not appealable). Further, Appellee may file a response within ten (10) days of service of that statement.
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| View |
View File
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JAR COMMUNICATION & ELECTRICAL SYSTEMS CORP. VS CARNAVAL HOME, LLC
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4D2022-2558
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2022-09-20
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Closed
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| Classification |
Original Proceedings - Circuit Civil - Certiorari
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| Court |
4th District Court of Appeal
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| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
CACE20-002555
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Parties
| Name |
JAR COMMUNICATION & ELECTRICAL SYSTEMS CORP.
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| Role |
Petitioner
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| Status |
Active
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| Representations |
Manuel R. Comras, Donna Marie Krusbe, Ralph Patino
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|
| Name |
BERMAN CONSTRUCTION & DEVELOPMENT, INC.
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| Role |
Respondent
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| Status |
Active
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|
| Name |
CARNAVAL HOME, LLC
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| Role |
Respondent
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| Status |
Active
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| Representations |
Mitchell Rozen, Joshua R. Levenson, George R. Truitt, Chris N. Kolos, Jesus E. Cuza
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|
| Name |
Hon. Keathan B. Frink
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| Role |
Judge/Judicial Officer
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| Status |
Active
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|
| Name |
Clerk - Broward
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| Role |
Lower Tribunal Clerk
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| Status |
Active
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Docket Entries
| Docket Date |
2022-11-01
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| Type |
Disposition by Order
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| Subtype |
Dismissed
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| Description |
Order-Original Proceeding Dismissed ~ ORDERED that the petition for writ of certiorari is dismissed for failure to establish irreparable harm. See Williams v. Oken, 62 So. 3d 1129, 1132 (Fla. 2011); Bared & Co., Inc. v. McGuire, 670 So. 2d 153 (Fla. 4th DCA 1996). Petitioner’s insurer may raise work product protection or attorney-client privilege claims to specific materials and file a privilege log. The court can then resolve any disputes as to specific materials. DAMOORGIAN, CIKLIN and CONNER, JJ., concur.
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| Docket Date |
2022-11-01
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| Type |
Disposition
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| Subtype |
Dismissed
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| Description |
Dismissed - Order by Judge
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| Docket Date |
2022-09-21
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| Type |
Record
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| Subtype |
Appendix to Petition
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| Description |
Appendix to Petition
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| On Behalf Of |
JAR Communication & Electrical Systems Corp.
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| Docket Date |
2022-09-20
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| Type |
Misc. Events
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| Subtype |
Case Filing Fee Paid through Portal
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| Description |
Case Filing Fee Paid Through Portal
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| Docket Date |
2022-09-20
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| Type |
Record
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| Subtype |
Appendix to Petition
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| Description |
Appendix to Petition ~ **Stricken**
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| Docket Date |
2022-09-20
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| Type |
Letter
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| Subtype |
Acknowledgment Letter
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| Description |
Writ of Certiorari / Acknowledgment letter
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| Docket Date |
2022-09-20
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| Type |
Order
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| Subtype |
Order Striking Filing
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| Description |
Order Striking Appendix - Non-Compliance With R. 9.220 ~ ORDERED that petitioner's appendix to the petition for writ of certiorari 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 text searchable. An amended appendix in compliance with Rule 9.220(c) shall be filed within two (2) days from the date of this order.
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| Docket Date |
2022-09-20
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| Type |
Petition
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| Subtype |
Petition Certiorari
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| Description |
Petition for Certiorari Filed ~ *Filing Fee Paid Through Portal*
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| On Behalf Of |
JAR Communication & Electrical Systems Corp.
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MITCHELL BONNOT and BRENDA BONNOT VS VICTOR POSNER ENTERPRISES-CONSTRUCTION, LLC, et al.
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4D2022-2098
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2022-08-02
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Closed
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| Classification |
NOA Final - Circuit Civil - Other
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| Court |
4th District Court of Appeal
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| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
CACE17-020404
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Parties
| Name |
Brenda Bonnot
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| Role |
Appellant
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| Status |
Active
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|
| Name |
Mitchell Bonnot
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| Role |
Appellant
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| Status |
Active
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| Representations |
Dwon A. Huggins, James S. Helf
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|
| Name |
MAURICE MENASCHE, P.A.
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| Role |
Appellee
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| Status |
Active
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|
| Name |
SOILPROBE ENGINEERING & TESTING, INC.
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| Role |
Appellee
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| Status |
Active
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| Name |
DAVID BERMAN LLC
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| Role |
Appellee
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| Status |
Active
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|
| Name |
Joe Santora
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| Role |
Appellee
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| Status |
Active
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|
| Name |
Weston Custom Homes
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| Role |
Appellee
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| Status |
Active
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| Name |
CAIBAI CONSTRUCTION LLC
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| Role |
Appellee
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| Status |
Active
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|
| Name |
Etienne Prophete, P.E.
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| Role |
Appellee
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| Status |
Active
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| Name |
Morris Shashoua, P.E., Inc.
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| Role |
Appellee
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| Status |
Active
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| Name |
Victor Posner Enterprises-Construction, LLC
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| Role |
Appellee
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| Status |
Active
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| Representations |
Curtis L. Brown, Geralyn M. Passaro, James Michael Moorhead, Michael J. Cohen
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| Name |
Re/Max Consultants Realty I
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| Role |
Appellee
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| Status |
Active
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| Name |
AMERICAN FOUNDATION, INC.
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| Role |
Appellee
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| Status |
Active
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| Name |
AMEXTECH, INC.
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| Role |
Appellee
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| Status |
Active
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|
| Name |
Maurice Menasche
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| Role |
Appellee
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| Status |
Active
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|
| Name |
George P. Ballock, P.E.
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| Role |
Appellee
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| Status |
Active
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|
| Name |
Rafael E. Droz-Seda, P.E.
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| Role |
Appellee
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| Status |
Active
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|
| Name |
Yolyhec Di Girolamo
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| Role |
Appellee
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| Status |
Active
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|
| Name |
Ulge Kalkay, P.E.
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| Role |
Appellee
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| Status |
Active
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|
| Name |
Paul Peana, P.E.
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| Role |
Appellee
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| Status |
Active
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|
| Name |
THE RED WHITE & BLUE REALTY - LLC
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| Role |
Appellee
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| Status |
Active
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|
| Name |
BERMAN CONSTRUCTION & DEVELOPMENT, INC.
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| Role |
Appellee
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| Status |
Active
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|
| Name |
CAIBAI DEVELOPMENT GROUP, LLC
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| Role |
Appellee
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| Status |
Active
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| Name |
Morris Shashoua, P.E.
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| Role |
Appellee
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| Status |
Active
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| Name |
East Coast Testing and Engineering, Inc.
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| Role |
Appellee
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| Status |
Active
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|
| Name |
ENGINEERING PLUS, INC.
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| Role |
Appellee
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| Status |
Active
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| Name |
GEOVERSE, INC.
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| Role |
Appellee
|
| Status |
Active
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|
| Name |
Hon. David A. Haimes
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| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Broward
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
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Docket Entries
| Docket Date |
2022-10-11
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| Type |
Disposition by Order
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| Subtype |
Dismissed
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| Description |
ORD-Grant Voluntary Dismissal (Joint) ~ At the request of the parties, this case is dismissed.
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| Docket Date |
2022-10-11
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| Type |
Disposition
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| Subtype |
Dismissed
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| Description |
Dismissed - Order by Clerk
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| Docket Date |
2022-10-10
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| Type |
Motions Other
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| Subtype |
Motion/Notice Voluntary Dismissal
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| Description |
Notice of Voluntary Dismissal ~ *STIPULATION*
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| On Behalf Of |
Mitchell Bonnot
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| Docket Date |
2022-08-29
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| Type |
Misc. Events
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| Subtype |
Cross-Notice Filing Fee Paid through Portal
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| Description |
CROSS NOTICE FILING FEE PAID THROUGH PORTAL
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| On Behalf Of |
Victor Posner Enterprises-Construction, LLC
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| Docket Date |
2022-08-19
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| Type |
Notice
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| Subtype |
Notice of Cross Appeal
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| Description |
Notice of Cross Appeal ~ *CERTIFIED*
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| On Behalf Of |
Victor Posner Enterprises-Construction, LLC
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| Docket Date |
2022-08-16
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| Type |
Misc. Events
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| Subtype |
Case Filing Fee Paid through Portal
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| Description |
Case Filing Fee Paid Through Portal
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| On Behalf Of |
Clerk - Broward
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| Docket Date |
2022-08-16
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| Type |
Order
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| Subtype |
Order on Filing Fee
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| Description |
ORD-Pay filing Fee - Cross-Appeal - 10 days ~ A Notice of Cross-Appeal was filed in the lower tribunal on August 15, 2022. The $295.00 filing fee required by the applicable rule of procedure and Section 35.22(2)(b), Florida Statutes (2021), is due and payable REGARDLESS OF WHETHER THE APPEAL IS LATER DISMISSED VOLUNTARILY OR ADVERSELY.ORDERED, appellee/cross-appellant shall pay the $295.00 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 the cross-appeal 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 cross-appeal has a duty to tender the filing fee to the appellate court when the cross-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.
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| Docket Date |
2022-08-15
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| Type |
Notice
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| Subtype |
Notice of Cross Appeal
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| Description |
Notice of Cross Appeal
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| On Behalf Of |
Victor Posner Enterprises-Construction, LLC
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| Docket Date |
2022-08-04
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| Type |
Order
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| Subtype |
Order on Filing Fee
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| 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.
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| Docket Date |
2022-08-04
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2022-08-02
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| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
Mitchell Bonnot
|
|
| Docket Date |
2022-08-02
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| Type |
Misc. Events
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| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
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