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Bridgehaven at Citrus Park Homeowners Association, Inc., Petitioner(s) v. Brad McDonald Roofing & Construction, Inc., Quality Built, LLC, SMC Systems, Inc. d/b/a Skye Tec n/k/a SMC Systems, LLC, BDH Consulting, LLC, GMG Flooring, LLC d/b/a Wrap Quest, Sutton Contracting Solutions, Inc., Roland's Painting Services, Harold Clayton Painting, Inc. n/k/a EX-HCP, Inc., et al., Respondent(s).
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2D2024-2458
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2024-10-23
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Open
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|
| Classification |
Original Proceedings - Circuit Civil - Certiorari
|
| Court |
2nd District Court of Appeal
|
| Originating Court |
Circuit Court for the Thirteenth Judicial Circuit, Hillsborough County
24-CA-002624
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Parties
| Name |
BRAD MCDONALD ROOFING & CONSTRUCTION, INC.
|
| Role |
Respondent
|
| Status |
Active
|
| Representations |
Charles Eric Bearden
|
|
| Name |
QUALITY BUILT, LLC
|
| Role |
Respondent
|
| Status |
Active
|
| Representations |
Bruce Robert Calderon, Jana Marie Fried
|
|
| Name |
SMC SYSTEMS, INC.
|
| Role |
Respondent
|
| Status |
Active
|
| Representations |
Bruce Robert Calderon, Jana Marie Fried, Crystal Leah Arocha
|
|
| Name |
d/b/a Skye Tec
|
| Role |
Respondent
|
| Status |
Active
|
| Representations |
Bruce Robert Calderon, Jana Marie Fried
|
|
| Name |
n/k/a SMC Systems, LLC
|
| Role |
Respondent
|
| Status |
Active
|
| Representations |
Bruce Robert Calderon, Jana Marie Fried
|
|
| Name |
BDH CONSULTING, LLC
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| Role |
Respondent
|
| Status |
Active
|
| Representations |
Edward M. Baird, Travis William Fulford
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|
| Name |
GMG FLOORING, LLC
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| Role |
Respondent
|
| Status |
Active
|
| Representations |
Michael Keegan Kiernan, Frank Edward Dylong, Jr., Kimberly Tudor Van Der Riet
|
|
| Name |
d/b/a Wrap Quest
|
| Role |
Respondent
|
| Status |
Active
|
| Representations |
Michael Keegan Kiernan, Frank Edward Dylong, Jr., Kimberly Tudor Van Der Riet
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|
| Name |
SUTTON CONTRACTING SOLUTIONS, INC.
|
| Role |
Respondent
|
| Status |
Active
|
| Representations |
Gerald C. Biondi
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|
| Name |
ROLAND'S PAINTING SERVICES INC.
|
| Role |
Respondent
|
| Status |
Active
|
| Representations |
Kimberly E. Young, Tyler Allen Cooney
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|
| Name |
n/k/a EX-HCP, Inc.
|
| Role |
Respondent
|
| Status |
Active
|
| Representations |
Matthew Bernstein
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|
| Name |
C & C WINDOW & DOOR COMPANY, INC.
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| Role |
Respondent
|
| Status |
Active
|
| Representations |
Timothy Russell Moorhead, Jessica Anne Lee
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|
| Name |
Faith Plastering and Stucco, Inc.
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| Role |
Respondent
|
| Status |
Active
|
| Representations |
Christina Bredahl Gierke, Kyle Matthew Costello
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|
| Name |
IDEAL SERVICES OF TAMPA INC.
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| Role |
Respondent
|
| Status |
Active
|
| Representations |
Kory J. Ickler, Christopher Ian Hall
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|
| Name |
C. STERLING QUALITY ROOFING, INC.
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| Role |
Respondent
|
| Status |
Active
|
| Representations |
Robert Nathan Johnson, Rinaldo J. Cartaya, III
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|
| Name |
MARIACHI FRAMING INC.
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| Role |
Respondent
|
| Status |
Active
|
| Representations |
Julius E. Adams
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|
| Name |
RANEY CONSTRUCTION, INC.
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| Role |
Respondent
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| Status |
Active
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| Representations |
Bryan Marc Krasinski
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|
| Name |
n/k/a ACR Family Construction, Inc.
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| Role |
Respondent
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| Status |
Active
|
| Representations |
Bryan Marc Krasinski
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|
| Name |
IDV CONSTRUCTION INC
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| Role |
Respondent
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| Status |
Active
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| Representations |
Douglas Ivan Wall
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|
| Name |
Hon. Darren David Farfante
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| Role |
Judge/Judicial Officer
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| Status |
Active
|
|
| Name |
Hillsborough Clerk
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| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
| Name |
BRIDGEHAVEN AT CITRUS PARK HOMEOWNERS ASSOCIATION, INC.
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| Role |
Petitioner
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| Status |
Active
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| Representations |
Samuel Robert Alexander, Bradley Mathew Beall, Nicholas B. Vargo, Brian Curtis Tannenbaum, Stephen M. Hauptman, Phillip Edmund Joseph, Evan Jonathan Small, Brian Thomas Crevasse
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|
| Name |
Harold Clayton Painting, Inc.
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| Role |
Respondent
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| Status |
Active
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| Representations |
Kenneth E. Amos, Jr., Kimble David McKay, Jasmine Monique Petrishin
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|
| Name |
84 LUMBER COMPANY
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| Role |
Respondent
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| Status |
Active
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| Representations |
Hardy L. Roberts, III, Mark Smith, Kelly Carey Bagge, James M. Barlow, Jr.
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Docket Entries
| Docket Date |
2024-11-22
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| Type |
Record
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| Subtype |
Appendix to Reply
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| Description |
Appendix to Reply Brief
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| On Behalf Of |
Brad McDonald Roofing & Construction, Inc.
|
|
| Docket Date |
2024-11-22
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| Type |
Response
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| Subtype |
Reply to Response
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| Description |
Reply to Response
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| On Behalf Of |
Brad McDonald Roofing & Construction, Inc.
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| View |
View File
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| Docket Date |
2024-11-21
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| Type |
Response
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| Subtype |
Response
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| Description |
RESPONSE TO PETITION FOR WRIT OF CERTIORARI
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| On Behalf Of |
SMC Systems, Inc.
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| Docket Date |
2024-10-23
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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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| On Behalf Of |
Bridgehaven at Citrus Park Homeowners Association, Inc.
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| View |
View File
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| Docket Date |
2024-10-23
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| Type |
Order
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| Subtype |
Order on Filing Fee
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| Description |
This petition has been filed without a filing fee required by section 35.22(2)(a), Florida Statutes.
Counsel for Petitioner shall forward the required $300.00 filing fee or, if applicable, an affidavit of insolvency in conformity with the requirements of chapter 57, Florida Statutes, to this court within twenty days from the date of this order.
If this court does not receive either of the above within the prescribed time, this petition may be subject to dismissal without further notice.
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| View |
View File
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| Docket Date |
2024-10-23
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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
|
|
| Docket Date |
2024-10-23
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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 |
Bridgehaven at Citrus Park Homeowners Association, Inc.
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|
| Docket Date |
2024-10-23
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| Type |
Petition
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| Subtype |
Petition Certiorari
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| Description |
Petition Certiorari
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| On Behalf Of |
Bridgehaven at Citrus Park Homeowners Association, Inc.
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| Docket Date |
2024-12-31
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| Type |
Order
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| Subtype |
Order on Motion for Extension of Time to Reply to Response
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| Description |
Petitioner's motion for extension of time to serve the reply is granted. The reply shall be served within 30 days. However, further requests for extension of time are unlikely to receive favorable consideration.
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| View |
View File
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| Docket Date |
2024-12-23
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| Type |
Notice
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| Subtype |
Notice of Joinder in Filing
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| Description |
HAROLD CLAYTON PAINTING, INC. N/K/A EX-HCP, INC.'S NOTICE OF FORMAL ADOPTION OF SMC SYSTEM, INC. D/B/A SKYE TEC N/K/A SMC SYSTEMS, LLC AND QUALITY BUILT, LLC'S AND BRAD MCDNOALD ROOFING & CONSTRUCTION,
INC.'S RESPONSES TO CONSOLIDATED PETITIONS FOR WRIT OF CERTERIORATI
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| On Behalf Of |
n/k/a EX-HCP, Inc.
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| Docket Date |
2024-12-20
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| Type |
Motions Extensions
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| Subtype |
Motion for Extension of Time to Serve Reply Brief
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| Description |
Motion for Extension of Time to Serve Reply Brief
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| On Behalf Of |
Bridgehaven at Citrus Park Homeowners Association, Inc.
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| Docket Date |
2024-12-13
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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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| On Behalf Of |
n/k/a EX-HCP, Inc.
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|
| Docket Date |
2024-11-22
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| Type |
Notice
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| Subtype |
Notice of Joinder in Filing
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| Description |
Notice of Joinder in Filing - ROLAND'S PAINTING SERVICES, INC.'S NOTICE OF FORMAL ADOPTION OF SMC SYSTEMS, INC. D/B/A SKYE TEC N/K/A SMC SYSTEMS, LLC AND QUALITY BUILT, LLC'S RESPONSE TO PETITION FOR WRIT OF CERTIORAR
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| On Behalf Of |
Roland's Painting Services
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| Docket Date |
2024-10-24
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| Type |
Order
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| Subtype |
Order to Respond to Petition
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| Description |
Respondent shall serve a response to the Petition for Writ of Certiorari within thirty days from the date of this order. Petitioner may serve a reply within thirty days thereafter.
The parties shall keep this court apprised of all hearings or trial dates that may affect this proceeding.
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| View |
View File
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| Classification |
NOA Final - Circuit Civil - Other
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| Court |
2nd District Court of Appeal
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| Originating Court |
Circuit Court for the Thirteenth Judicial Circuit, Hillsborough County
16-CA-008489
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Parties
| Name |
SUNSTONE CONTRUCTION, LLC
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| Role |
Appellant
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| Status |
Active
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|
| Name |
MERITUS CONSTRUCTION LLC
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| Role |
Appellant
|
| Status |
Active
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| Representations |
F. ROBERT RADEL, I I, ESQ., ANDREW A. LABBE, ESQ.
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|
| Name |
JAMAL SERVICES INC
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| Role |
Appellee
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| Status |
Active
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| Name |
KEENE SERVICES, INC.
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| Role |
Appellee
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| Status |
Active
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| Name |
ARCHITECTONICS STUDIO, INC.
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| Role |
Appellee
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| Status |
Active
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|
| Name |
BRAD MCDONALD ROOFING & CONSTRUCTION, INC.
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| Role |
Appellee
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| Status |
Active
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|
| Name |
WESTSIDE CONSTRUCTION, INC.
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| Role |
Appellee
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| Status |
Active
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|
| Name |
ROBERTSON ELECTRICAL SERVICES, INC.
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| Role |
Appellee
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| Status |
Active
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| Name |
W PAINTING SERVICES ASSOCIATES, CORP.
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| Role |
Appellee
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| Status |
Active
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| Name |
TMD WINDOWS AND DOORS LLC
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| Role |
Appellee
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| Status |
Active
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|
| Name |
THE STRUCTURES GROUP
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| Role |
Appellee
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| Status |
Active
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| Name |
GRAMATICA SIPS INTERNATIONAL, INC.
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| Role |
Appellee
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| Status |
Active
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| Name |
CARRINGTON COMMUNITIES, INC.
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| Role |
Appellee
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| Status |
Active
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| Name |
HOA OF HORATIO SOUTH TOWNHOMES ASSOCIATION, INC.
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| Role |
Appellee
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| Status |
Active
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| Representations |
JORGE L. CRUZ, ESQ., L. ROBERT BOURGEOIS, ESQ., BENJAMIN W. DOWERS, ESQ., RENEE GOMEZ, ESQ., MARK R. ANTONELLI, ESQ., STEPHEN W. STUKEY, ESQ., NEIL O' BRIEN, ESQ., JOSEPH L. ZOLLNER, ESQ., MARK T. SNELSON, ESQ., KIMBERLY A. CANALS, ESQ., MARITZA PENA, ESQ., KRISTIN F. WOOD - ELZA, ESQ., OMAR J. PEREZ, ESQ., MICHAEL E. REED, ESQ., DARRYL W. JOHNSTON, ESQ., PETRA I. JUSTICE, ESQ., STEFANIE A. SALOMON, ESQ., ANDREW WILLERS, ESQ., MALLORIE R. BONTI, ESQ., JUSTIN STONER MILLER, ESQ.
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| Name |
UNKNOWN THIRD-PARTY DEFENDANT I
|
| Role |
Appellee
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| Status |
Active
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|
| Name |
HON. EMMETT LAMAR BATTLES
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| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
HILLSBOROUGH CLERK
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
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Docket Entries
| Docket Date |
2020-07-24
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| Type |
Mandate
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| Subtype |
Mandate
|
| Description |
Mandate
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| Docket Date |
2020-07-08
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| Type |
Order
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| Subtype |
Order
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| Description |
Miscellaneous Order ~ Appellee, The Structures Group, Inc. (TSG), has filed a motion for appellate attorneys' fees pursuant to a proposal for settlement. TSG's motion for appellate attorneys' fees is remanded to the trial court. If TSG hereafter establishes its entitlement to attorneys' fees pursuant to section 768.79, Florida Statutes (2018) and Florida Rule of Civil Procedure 1.442, the trial court is authorized to award it all of the reasonable appellate attorneys' fees it incurred.Appellants have similarly filed a motion for appellate attorneys' fees pursuant to a proposal for settlement. Because TSG has prevailed on appeal, appellants' motion is denied.
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| Docket Date |
2020-07-08
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| Type |
Disposition by Opinion
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| Subtype |
Affirmed
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| Description |
Affirmed - Per Curiam Affirmed
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| Docket Date |
2020-06-23
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| Type |
Misc. Events
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| Subtype |
Oral Argument Date Set
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| Description |
Oral Argument Date Set ~ Tampa
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| Docket Date |
2020-05-15
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| Type |
Order
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| Subtype |
Order Re: Video Oral Argument
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| Description |
Video Oral Argument ~ To mitigate the impact of the COVID-19 outbreak while continuing with the orderly processing of cases, the oral argument in this case will be conducted by video conference on the date scheduled. The Clerk of the Court will provide connection instructions to each participant one week before the argument. If the assigned judges decide that the Court will not benefit from oral argument or the parties file a joint stipulation to waive oral argument, the parties will be notified by order that the oral argument is canceled and the case will be resolved on the record and briefs.
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| Docket Date |
2020-04-07
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| Type |
Order
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| Subtype |
Order on Motion/Request for Oral Argument
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| Description |
Oral Argument Notice ~ This case is provisionally set for oral argument on TUESDAY, JUNE 23, 2020, at 9:30 A.M., before: Judge Robert J. Morris, Jr., Judge Daniel H. Sleet, Judge Matthew C. Lucas. Oral argument will occur at the Second District Court of Appeal, Tampa Branch Headquarters, in the courtroom of the Stetson University College Of Law, Tampa Campus, First Floor, 1700 North Tampa Street, Tampa, Florida. The court calendars can be viewed on this court’s website at www.2dca.org. Counsel or parties are requested to make their presence known to the receptionist by fifteen minutes prior to the time listed above.The panel is subject to change without notice. Should the assigned panel of judges decide that the court will not benefit from oral argument in this proceeding, the attorneys or parties will be notified by order no less than two weeks before the scheduled date.Please review the notice regarding oral argument in the Second District Court of Appeal. A copy has been furnished with this order and may also be found on this court’s website.
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| Docket Date |
2020-02-27
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| Type |
Brief
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| Subtype |
Reply Brief
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| Description |
Appellant Reply Brief
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| On Behalf Of |
MERITUS CONSTRUCTION, LLC
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|
| Docket Date |
2020-02-07
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| Type |
Brief
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| Subtype |
Answer Brief
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| Description |
Appellee Answer Brief
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| On Behalf Of |
HOA OF HORATIO SOUTH TOWNHOMES ASSOCIATION, INC.
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|
| Docket Date |
2020-01-10
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| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
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| Description |
ORDER GRANTING EOT FOR ANSWER BRIEF ~ Appellee The Structures Group, Inc.'s motion for extension of time is granted, and the answer brief shall be served by February 7, 2020.
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| Docket Date |
2020-01-09
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| Type |
Motions Extensions
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| Subtype |
Motion for Extension of Time to Serve Answer Brief
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| Description |
Mot. for Extension of time to file Answer Brief
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| On Behalf Of |
HOA OF HORATIO SOUTH TOWNHOMES ASSOCIATION, INC.
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|
| Docket Date |
2019-12-19
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| Type |
Order
|
| Subtype |
Order on Motion To Dismiss
|
| Description |
ORD-DENYING APPELLEE'S MOTION TO DISMISS ~ The appellees' motion to dismiss is denied without prejudice to raise argument in the answer brief, which shall be served on or before January 17, 2020.
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| Docket Date |
2019-11-26
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| Type |
Response
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| Subtype |
Response
|
| Description |
RESPONSE ~ APPELLANTS' RESPONSE TO APPELLEE'S MOTION TO DISMISS APPEAL
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| On Behalf Of |
MERITUS CONSTRUCTION, LLC
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| Docket Date |
2019-11-19
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| Type |
Order
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| Subtype |
Order to File Response
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| Description |
ORD-TO FILE RESPONSE ~ Appellants are directed to respond within fifteen (15) days from the date of this order to Appellee, The Structures Group, Inc.'s motion to dismiss appeal.
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| Docket Date |
2019-11-15
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| Type |
Motions Relating to Attorney Fees/Costs
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| Subtype |
Motion For Attorney's Fees
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| Description |
Motion For Attorney's Fees ~ APPELLEE'S MOTION FOR APPELLATE ATTORNEYS' FEES
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| On Behalf Of |
HOA OF HORATIO SOUTH TOWNHOMES ASSOCIATION, INC.
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|
| Docket Date |
2019-11-15
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| Type |
Motions Other
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| Subtype |
Motion To Dismiss
|
| Description |
Motion To Dismiss
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| On Behalf Of |
HOA OF HORATIO SOUTH TOWNHOMES ASSOCIATION, INC.
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|
| Docket Date |
2019-11-15
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| Type |
Record
|
| Subtype |
Appendix to Motion
|
| Description |
ALL OTHER MOTIONS APPENDIX/ATTACHMENT ~ APPENDIX TO APPELLEE, THE STRUCTURES GROUP, INC.'S MOTION FOR APPELLATE ATTORNEY'S FEES
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| On Behalf Of |
HOA OF HORATIO SOUTH TOWNHOMES ASSOCIATION, INC.
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|
| Docket Date |
2019-11-14
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| Type |
Motions Relating to Oral Argument
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| Subtype |
Motion/Request for Oral Argument
|
| Description |
Request for Oral Argument
|
| On Behalf Of |
MERITUS CONSTRUCTION, LLC
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|
| Docket Date |
2019-11-14
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| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Appellant Brief on Merits
|
| On Behalf Of |
MERITUS CONSTRUCTION, LLC
|
|
| Docket Date |
2019-11-14
|
| Type |
Motions Relating to Attorney Fees/Costs
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| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Fees and Cost
|
| On Behalf Of |
MERITUS CONSTRUCTION, LLC
|
|
| Docket Date |
2019-11-13
|
| Type |
Record
|
| Subtype |
Supplemental Record
|
| Description |
Supplemental Records ~ 252 PAGES
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|
| Docket Date |
2019-10-15
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
HOA OF HORATIO SOUTH TOWNHOMES ASSOCIATION, INC.
|
|
| Docket Date |
2019-10-10
|
| Type |
Order
|
| Subtype |
Order on Motion to Supplement Record
|
| Description |
grant supp/short/explain procedure ~ Appellants' motion to supplement the record is granted to the extent that the appellants shall make arrangements within three days with the clerk of circuit court for the supplementation of the record with the items mentioned in the motion, with the supplemental record to be filed in this court within twenty-five days from the date of this order.Because the record must be supplemented through the clerk of the lower tribunal as just described, the copies of the record materials attached to the motion to supplement will not be considered by this court.
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|
| Docket Date |
2019-10-07
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion to Supplement Record
|
| Description |
Motion to Supplement
|
| On Behalf Of |
MERITUS CONSTRUCTION, LLC
|
|
| Docket Date |
2019-09-27
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ BATTLES - REDACTED - 5180 PAGES
|
|
| Docket Date |
2019-09-13
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice ~ NOTICE OF NON-APPEARANCE
|
| On Behalf Of |
HOA OF HORATIO SOUTH TOWNHOMES ASSOCIATION, INC.
|
|
| Docket Date |
2019-08-20
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice ~ OF NON-APPEARANCE
|
| On Behalf Of |
HOA OF HORATIO SOUTH TOWNHOMES ASSOCIATION, INC.
|
|
| Docket Date |
2019-08-13
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid through Portal
|
| On Behalf Of |
MERITUS CONSTRUCTION, LLC
|
|
| Docket Date |
2019-08-12
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
fee - civil; atty
|
|
| Docket Date |
2019-08-12
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter 1
|
|
| Docket Date |
2019-08-09
|
| Type |
Miscellaneous Document
|
| Subtype |
Lower Tribunal Transmittal Cover Sheet
|
| Description |
LOWER TRIBUNAL TRANSMITTAL COVER SHEET ~ CC PAT FRANK, CLERK
|
| On Behalf Of |
HILLSBOROUGH CLERK
|
|
| Docket Date |
2019-08-09
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed ~ WITH ORDER
|
| On Behalf Of |
MERITUS CONSTRUCTION, LLC
|
|
| Docket Date |
2019-08-09
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
|
