| Docket Date |
2024-01-17
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response to Motion for Entitlement to Attorney's Fees
|
|
| Docket Date |
2024-01-12
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
|
| On Behalf Of |
Courtyard Gardens of Boynton Beach, LLC
|
|
| Docket Date |
2024-01-11
|
| Type |
Motions Other
|
| Subtype |
Motion To Stay
|
| Description |
Motion To Stay
|
| On Behalf Of |
Foundation Building Materials, LLC
|
|
| Docket Date |
2024-09-09
|
| Type |
Order
|
| Subtype |
Order Dispensing with Oral Argument
|
| Description |
After reviewing the briefs, the court, pursuant to Florida Rule of Appellate Procedure 9.320, has dispensed with oral argument. The case will be submitted to a conference by a panel of the court.
|
| View |
View File
|
|
| Docket Date |
2024-07-15
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Appellant's Response in Opposition to Appellee's Motion for Entry of Order to Show Cause and Appellant's incorporated Motion to Strike same
|
|
| Docket Date |
2024-07-02
|
| Type |
Motions Other
|
| Subtype |
Motion for Sanctions
|
| Description |
Motion for Entry of Order to Show Cause why Appellant should not be Sanctioned for filing Reply Brief containing frivolous/bad faith misrepresentations
|
|
| Docket Date |
2024-07-01
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Appellee's Memorandum in Opposition to Appellant's Second Motion for Attorney's Fees
|
|
| Docket Date |
2024-06-27
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Reply Brief
|
| View |
View File
|
|
| Docket Date |
2024-06-27
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Appellant's Motion For Attorney's Fees **Response filed 7/1/24**
|
|
| Docket Date |
2024-06-27
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion/Request for Oral Argument
|
| Description |
Appellant's Request for Oral Argument
|
|
| Docket Date |
2024-06-17
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Reply Brief
|
| Description |
Order on Motion for Extension of Time to Serve Reply Brief
|
| View |
View File
|
|
| Docket Date |
2024-06-14
|
| Type |
Recognizing Agreed Extension
|
| Subtype |
Reply Brief
|
| Description |
15 DAYS TO June 28, 2024.
|
|
| Docket Date |
2024-06-14
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Reply Brief
|
| Description |
Notice of Agreed Extension of Time - Reply Brief
|
|
| Docket Date |
2024-06-13
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice of Appellee's Consent to Appellant's Request for Extension of Time
|
|
| Docket Date |
2024-06-12
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Reply Brief
|
| Description |
Motion for Extension of Time to Serve Reply Brief **MOOT**
|
|
| Docket Date |
2024-05-14
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Answer Brief
|
| On Behalf Of |
Foundation Building Materials, LLC
|
| View |
View File
|
|
| Docket Date |
2024-05-09
|
| Type |
Brief
|
| Subtype |
Amended Initial Brief
|
| Description |
Amended Initial Brief
|
| View |
View File
|
|
| Docket Date |
2024-04-29
|
| Type |
Recognizing Agreed Extension
|
| Subtype |
Initial Brief
|
| Description |
10 DAYS TO May 10, 2024.
|
|
| Docket Date |
2024-04-29
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
| Description |
Notice of Agreed Extension of Time - Amended Initial Brief
|
| On Behalf Of |
Courtyard Gardens of Boynton Beach, LLC
|
|
| Docket Date |
2024-04-19
|
| Type |
Order
|
| Subtype |
Order on Motion to Supplement Record
|
| Description |
Order on Motion to Supplement Record
|
| View |
View File
|
|
| Docket Date |
2024-04-19
|
| Type |
Record
|
| Subtype |
Supplemental Record
|
| Description |
Supplemental Record
|
|
| Docket Date |
2024-04-05
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response to March 28th Order and Notice of Intent to file an Amended Initial Brief
|
| On Behalf Of |
Courtyard Gardens of Boynton Beach, LLC
|
|
| Docket Date |
2024-03-28
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
ORDERED that, upon consideration of appellee's March 27, 2024 motion, within ten (10) days from the date of this order, appellant shall advise this court whether it seeks to file an amended initial brief.
|
| View |
View File
|
|
| Docket Date |
2024-03-27
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion to Supplement Record
|
| Description |
Amended Motion to Supplement Record and Issuance of a New Briefing Schedule
|
|
| Docket Date |
2024-03-06
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion to Supplement Record
|
| Description |
Motion to Supplement Record
|
|
| Docket Date |
2024-02-09
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Order on Motion for Extension of Time
|
| View |
View File
|
|
| Docket Date |
2024-02-08
|
| Type |
Misc. Events
|
| Subtype |
Status Report
|
| Description |
Status Report as to Relinquishment of Jurisdiction
|
|
| Docket Date |
2024-02-02
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time
|
| Description |
Motion for Extension of Time to Comply with the February 1, 2024 Order
|
|
| Docket Date |
2024-02-01
|
| Type |
Order
|
| Subtype |
Order on Motion to Relinquish Jurisdiction
|
| Description |
Order on Motion to Relinquish Jurisdiction
|
| View |
View File
|
|
| Docket Date |
2024-01-19
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
APPELLANT'S RESPONSE TO APPELLEE'S MOTION FOR ENTRY OF
ORDER STAYING APPEAL AND RELINQUISHING JURISDICTION TO
THE LOWER TRIBUNAL TO MAKE FINDINGS OF FACT IN SUPPORT
OF ITS 03/28/23 ORDER DENYING DEFENDANT COURTYARD
GARDENS OF BOYNTON BEACH, LLC'S MOTION FOR LEAVE TO
AMEND AMENDED ANSWER
|
|
| Docket Date |
2024-01-11
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief
|
| On Behalf Of |
Courtyard Gardens of Boynton Beach, LLC
|
| View |
View File
|
|
| Docket Date |
2023-12-22
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Order on Agreed Extension of Time -- 14 DAYS TO 1/10/24
|
|
| Docket Date |
2023-12-22
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
| Description |
Notice of Agreed Extension of Time - Initial Brief
|
|
| Docket Date |
2023-11-09
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Record on Appeal Pages 1-9161
|
|
| Docket Date |
2023-10-25
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's - Fees Amended
|
| On Behalf Of |
Foundation Building Materials, LLC
|
|
| Docket Date |
2023-10-19
|
| Type |
Notice
|
| Subtype |
Amended Notice of Appeal
|
| Description |
Amended Notice of Appeal
|
| On Behalf Of |
Clerk - Palm Beach
|
|
| Docket Date |
2023-10-19
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
Order Striking Filing
|
| View |
View File
|
|
| Docket Date |
2023-10-12
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Order
|
| View |
View File
|
|
| Docket Date |
2023-10-11
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Courtyard Gardens of Boynton Beach, LLC
|
|
| Docket Date |
2023-10-10
|
| Type |
Misc. Events
|
| Subtype |
Status Report
|
| Description |
Status Report
|
| On Behalf Of |
Courtyard Gardens of Boynton Beach, LLC
|
|
| Docket Date |
2023-10-05
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
Order Striking Filing
|
| View |
View File
|
|
| Docket Date |
2023-10-04
|
| Type |
Misc. Events
|
| Subtype |
Status Report
|
| Description |
***STRICKEN*** STATUS REPORT AND REQUEST TO LIFT ABATEMENT
|
|
| Docket Date |
2023-09-26
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion to Tax Attorney's Fees & Costs on Appeal
|
| On Behalf Of |
Foundation Building Materials, LLC
|
|
| Docket Date |
2023-09-22
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
Order Striking Filing
|
| View |
View File
|
|
| Docket Date |
2023-09-16
|
| Type |
Misc. Events
|
| Subtype |
Status Report
|
| Description |
Status Report
|
| On Behalf Of |
Courtyard Gardens of Boynton Beach, LLC
|
|
| Docket Date |
2023-09-15
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice of Unavailability
|
| On Behalf Of |
Foundation Building Materials, LLC
|
|
| Docket Date |
2023-08-18
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid Through Portal
|
| On Behalf Of |
Courtyard Gardens of Boynton Beach, LLC
|
|
| Docket Date |
2023-08-16
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2023-08-15
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
Courtyard Gardens of Boynton Beach, LLC
|
|
| Docket Date |
2023-08-15
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2025-01-06
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response to Motion for Written Opinion
|
| On Behalf Of |
Foundation Building Materials, LLC
|
|
| Docket Date |
2025-01-03
|
| Type |
Order
|
| Subtype |
Order on Motion For Attorney's Fees
|
| Description |
ORDERED that Appellee Foundation Building Materials, LLC's September 26, 2023 motion for attorney's fees and October 24, 2023 amended motion for attorney's fees are granted pursuant to section 713.29 Florida Statutes (2024). On remand, the trial court shall set 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 requests for costs in the motions are denied without prejudice to seek costs in the trial court. Further,
ORDERED that Appellee Foundation Building Materials, LLC's July 2, 2024 motion for entry of order to show cause for sanctions is denied. Further,
ORDERED that Appellant's January 12, 2024 and June 27, 2024 motions for attorney's fees and costs are denied.
|
| View |
View File
|
|
| Docket Date |
2025-01-03
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion for Written Opinion
|
| Description |
Motion for Written Opinion
|
|
| Docket Date |
2024-12-19
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed
|
| View |
View File
|
|
| Docket Date |
2024-04-16
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
ORDERED that, upon consideration of Appellant's April 5, 2024 combined response and motion/notice of intent, Appellant may file an amended initial brief on or before April 30, 2024.
|
| View |
View File
|
|
| Docket Date |
2023-10-17
|
| Type |
Notice
|
| Subtype |
Unavailability
|
| Description |
Unavailability
|
| On Behalf Of |
Foundation Building Materials, LLC
|
| View |
View File
|
|
| Docket Date |
2023-08-17
|
| Type |
Order
|
| Subtype |
Abeyance Order
|
| Description |
Order Holding Case in Abeyance Per R. 9.020(h)(2)(C) ~ This court notes that a motion tolling rendition is pending in the trial court. ORDERED that the above-styled case is held in abeyance until the trial court disposes of the motion and appellant files a copy of the order in this court. On that date, this case shall proceed, and the briefing schedule shall run from that date. See Fla. R. App. P. 9.020(h)(2)(C). If the trial court has not entered an order disposing of the motion within thirty (30) days from the date of this order, appellant shall file a status report with this court as to the progress being made towards disposition of the motion.
|
|
| Docket Date |
2023-08-16
|
| 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.
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