| Docket Date |
2022-10-25
|
| Type |
Motion
|
| Subtype |
Attorney's Fees
|
| Description |
Attorneys fees denied (OD47) ~ After careful consideration, the Court treats Appellant/Cross-Appellee Avant Design Group, Inc.’s “Renewed Motion for Award of Appellate Attorney Fees” as a motion for rehearing of the October 12, 2022, attorney’s fees Order, and denies same. See Army Aviation Heritage Foundation and Museum, Inc. v. Buis, 504 F. Supp. 2d 1254, 1271 (N.D. Fla 2007) (“FDUTPA does not mandate an award of attorney’s fees and expenses to the prevailing party; rather, its language is discretionary.”). Cristina Souza, Monica Souza, and Sonia Sun Yee Mak’s October 20, 2022, “Supplemental Motion for Award of Appellate Attorney Fees” is hereby denied. See Fla. R. App. P. 9.400(b)(1). SCALES, HENDON and GORDO, JJ., concur.
|
|
| Docket Date |
2022-10-12
|
| Type |
Order
|
| Subtype |
Order on Motion For Attorney's Fees
|
| Description |
Attorney Fees Granted (OG47) ~ Upon consideration of Appellee/Cross-Appellant Aquastar Holdings, LLC’s Motion for Appellate Attorney’s Fees, it is ordered that said Motion is granted against Appellant/Cross-Appellee Avant Design Group, Inc.: (i) based on section 768.79, Florida Statutes, conditioned upon the trial court’s determination on the validity of Aquastar Holdings, LLC’s proposal for settlement, (ii) based on section 713.29, Florida Statutes, and (iii) based on section 713.31(2)(c), Florida Statutes, to the extent that such fees are not duplicative of fees awarded under section 713.29, Florida Statutes, and if the trial court determines that Aquastar Holdings, LLC, is the substantially prevailing party in the action pursuant to section II.H. of the Opinion. Accordingly, the matter is remanded to the trial court. Appellee/Cross-Appellant Aquastar Holdings, LLC’s Motion for Appellate Attorney’s Fees on other asserted grounds is hereby denied. Appellant/Cross-Appellee Avant Design Group, Inc.’s Motion for Award of Appellate Attorney’s Fees is hereby denied.
|
|
| Docket Date |
2022-03-21
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant's Reply Brief ~ AVANT DESIGN GROUP, INC., MONICA SOUZA, CRISTINA SOUZA,AND SONIA SUN YEE MAK'S REPLY AND ANSWER BRIEF
|
| On Behalf Of |
AVANT DESIGN GROUP, INC.
|
| View |
View File
|
|
| Docket Date |
2021-12-03
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
| Description |
Extension granted to file answer brief NFE (OG04A) ~ Appellee's Motion for Extension of Time to File the Answer/Cross-Initial Brief is granted to and including thirty (30) days from the date of this Order, with no further extensions allowed. If said brief is not timely filed in accordance with this Order, the appellee(s) will be precluded from filing an answer brief and/or presenting oral argument to the Court in this cause.
|
|
| Docket Date |
2021-05-31
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice ~ NOTICE OF WITHDRAWAL OF UNOPPOSED SECOND MOTION FOR EXTENSION OF TIME TO FILE INITIAL APPEAL BRIEF
|
| On Behalf Of |
AVANT DESIGN GROUP, INC.
|
|
| Docket Date |
2021-04-29
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
Pay Filing Fee on Cr-app,joinders,intervene(OR14K) ~ A notice of cross-appeal has been filed in this cause without the required statutory filing fee. Within ten (10) days from the date of this Order, Aquastar Holdings, LLC, shall pay the required two hundred ninety-five dollar ($295.00) fee to the Clerk of the Court by cash, cashier’s check, money order, or electronically through the Florida Courts E-Filing Portal.
|
|
| Docket Date |
2022-11-10
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2022-11-10
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2022-10-20
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees ~ DEFENDANTS' CRISTINA SOUZA, MONICA SOUZA AND SONIA SUN YEE MAK'S SUPPLEMENTAL MOTION FOR AWARD OF APPELLATE ATTORNEY FEES
|
| On Behalf Of |
AVANT DESIGN GROUP, INC.
|
|
| Docket Date |
2022-10-12
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed in Part/Reversed in Part
|
| Description |
Affirmed in Part/Reversed in Part - Authored Opinion ~ Affirmed in part, reversed in part, and remanded with instructions.
|
|
| Docket Date |
2022-05-04
|
| Type |
Brief
|
| Subtype |
Cross-Reply Brief
|
| Description |
Appellee/Cross-Appellant's Reply Brief
|
| On Behalf Of |
AQUASTAR HOLDINGS, LLC
|
| View |
View File
|
|
| Docket Date |
2022-04-19
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Reply Brief
|
| Description |
Mot. for Extension of Time to File Reply Brief ~ AQUASTAR'S UNOPPOSED MOTION FOREXTENSION OF TIME TO FILE REPLY BRIEF
|
| On Behalf Of |
AQUASTAR HOLDINGS, LLC
|
|
| Docket Date |
2022-04-19
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Clerk's notice granting eot (CLKEX) ~ RB-15 days to 5/05/2022
|
|
| Docket Date |
2022-03-23
|
| Type |
Order
|
| Subtype |
Order on Motion to Supplement Record
|
| Description |
Mot to Supplement Rec w/attachment Granted (OG13) ~ Appellant’s Unopposed Motion to Supplement the Record, filed on March 21, 2022, is granted, and the record on appeal is supplemented to include the documents and transcript that are attached to said Motion.
|
|
| Docket Date |
2022-03-21
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion to Supplement Record
|
| Description |
Motion to Supplement the Record ~ AVANT'S UNOPPOSED MOTION TO SUPPLEMENT THE RECORD
|
| On Behalf Of |
AVANT DESIGN GROUP, INC.
|
|
| Docket Date |
2021-06-01
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ IB-10 days to 06/11/2021
|
|
| Docket Date |
2022-03-03
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
Miscellaneous Motion Granted (OG999) ~ Appellant/Cross-Appellee’s Unopposed Motion to Modify Word Count Allocation is granted as stated in the Motion.
|
|
| Docket Date |
2022-03-02
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ Reply/Answer Brief-15 days to 3/21/2022
|
|
| Docket Date |
2022-03-01
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Notice of Agreed Extension of Time ~ NOTICE OF UNOPPOSED EXTENSION OF TIME TO FILEREPLY/ANSWER BRIEF
|
| On Behalf Of |
AVANT DESIGN GROUP, INC.
|
|
| Docket Date |
2022-03-01
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
Miscellaneous Motion ~ APPELLANTS' UNOPPOSED MOTION TO MODIFY WORD COUNTALLOCATION
|
| On Behalf Of |
AVANT DESIGN GROUP, INC.
|
|
| Docket Date |
2022-02-07
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ RESPONSE IN OPPOSITION TO AQUASTAR'S MOTION FOR APPELLATE ATTORNEYS' FEES
|
| On Behalf Of |
AVANT DESIGN GROUP, INC.
|
|
| Docket Date |
2022-01-27
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ Reply/Answer Brief-30 days to 3/04/2022
|
|
| Docket Date |
2022-01-27
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Notice of Agreed Extension of Time ~ NOTICE OF UNOPPOSED EXTENSION OF TIME TO FILEREPLY/ANSWER BRIEF
|
| On Behalf Of |
AVANT DESIGN GROUP, INC.
|
|
| Docket Date |
2022-01-26
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
|
| On Behalf Of |
AQUASTAR HOLDINGS, LLC
|
|
| Docket Date |
2022-01-03
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief ~ AQUASTAR HOLDINGS, LLC'S ANSWER BRIEF ANDINITIAL BRIEF ON CROSS-APPEAL
|
| On Behalf Of |
AQUASTAR HOLDINGS, LLC
|
| View |
View File
|
|
| Docket Date |
2021-12-16
|
| Type |
Order
|
| Subtype |
Order on Motion to Supplement Record
|
| Description |
Mot to Supplement Rec w/attachment Granted (OG13) ~ Appellant/Cross-Appellee’s Response to the Motion to Supplement the Record is noted. Appellee/Cross-Appellant’s Opposed Motion to Supplement the Record, filed on December 1, 2021, is granted, and the record on appeal is supplemented to include the documents that are filed separately.
|
|
| Docket Date |
2021-12-15
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ Avant Design Group, Inc.'s Response to Aquastar Holdings, LLC'sMotion to Supplement the Record
|
| On Behalf Of |
AVANT DESIGN GROUP, INC.
|
|
| Docket Date |
2021-12-01
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Answer Brief
|
| Description |
Mot. for Extension of time to file Answer Brief ~ AQUASTAR'S MOTION FOREXTENSION OF TIME TO FILE ANSWER BRIEF ANDINITIAL BRIEF ON CROSS-APPEAL
|
| On Behalf Of |
AQUASTAR HOLDINGS, LLC
|
|
| Docket Date |
2021-12-01
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion to Supplement Record
|
| Description |
Motion to Supplement the Record ~ AQUASTAR'S OPPOSED MOTION TOSUPPLEMENT THE RECORD
|
| On Behalf Of |
AQUASTAR HOLDINGS, LLC
|
|
| Docket Date |
2021-12-01
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix ~ APPENDIX TO AQUASTAR'S OPPOSED MOTION TOSUPPLEMENT THE RECORD
|
| On Behalf Of |
AQUASTAR HOLDINGS, LLC
|
|
| Docket Date |
2021-11-18
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ AB-14 days to 12/01/2021
|
|
| Docket Date |
2021-11-17
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Notice of Agreed Extension of Time
|
| On Behalf Of |
AQUASTAR HOLDINGS, LLC
|
|
| Docket Date |
2021-11-03
|
| Type |
Notice
|
| Subtype |
Notice of Cross Appeal
|
| Description |
Notice of Cross Appeal ~ AMENDED NOTICE OF CROSS-APPEAL
|
| On Behalf Of |
AQUASTAR HOLDINGS, LLC
|
|
| Docket Date |
2021-10-25
|
| Type |
Notice
|
| Subtype |
Notice of Filing
|
| Description |
Notice of Filing ~ Amended Nunc Pro Tunc Final Judgment
|
| On Behalf Of |
AVANT DESIGN GROUP, INC.
|
|
| Docket Date |
2021-10-06
|
| Type |
Order
|
| Subtype |
Order on Motion to Relinquish Jurisdiction
|
| Description |
Relinquishment Granted (OG49) ~ Following review of Appellee’s Status Report, filed on September 27, 2021, jurisdiction of this cause is temporarily relinquished to the trial court for an additional period of time to and including forty-five (45) days from the date of this Order for the purpose(s) stated in the Status Report.
|
|
| Docket Date |
2021-09-27
|
| Type |
Misc. Events
|
| Subtype |
Status Report
|
| Description |
Status Report ~ APPELLEE AQUASTAR HOLDINGS, LLC'S STATUS REPORT
|
| On Behalf Of |
AQUASTAR HOLDINGS, LLC
|
|
| Docket Date |
2021-09-14
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ APPELLEE'S RESPONSE TO MOTION FOR ATTORNEY'S FEES
|
| On Behalf Of |
AQUASTAR HOLDINGS, LLC
|
|
| Docket Date |
2021-08-31
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
|
| On Behalf Of |
AVANT DESIGN GROUP, INC.
|
|
| Docket Date |
2021-08-31
|
| Type |
Order
|
| Subtype |
Order on Motion to Relinquish Jurisdiction
|
| Description |
Relinquishment Granted (OG49) ~ Appellant's Response in Opposition to the Motion to Strike the Initial Brief is noted. Upon consideration, Appellee's Motion to Strike the Initial Brief is denied. HENDON, MILLER and GORDO, JJ., concur. The Motion to Relinquish Jurisdiction is granted and jurisdiction of this cause is temporarily relinquished to the trial court for a period of thirty (30) days from the date of this Order for the purpose(s) stated in the Motion.
|
|
| Docket Date |
2021-08-27
|
| Type |
Motions Other
|
| Subtype |
Motion To Relinquish Jurisdiction
|
| Description |
Motion To Relinquish Jurisdiction ~ MOTION TO RELINQUISH JURISDICTION
|
| On Behalf Of |
AQUASTAR HOLDINGS, LLC
|
|
| Docket Date |
2021-08-26
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ AVANT DESIGN GROUP, INC.'S RESPONSE IN OPPOSITION TO AQUASTAR HOLDINGS, LLC'S MOTION TO STRIKE INITIAL BRIEF
|
| On Behalf Of |
AVANT DESIGN GROUP, INC.
|
|
| Docket Date |
2021-08-11
|
| Type |
Motions Other
|
| Subtype |
Motion To Strike
|
| Description |
Motion To Strike
|
| On Behalf Of |
AQUASTAR HOLDINGS, LLC
|
|
| Docket Date |
2021-07-07
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ AB-30 days to 8/13/21
|
|
| Docket Date |
2021-07-06
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Notice of Agreed Extension of Time
|
| On Behalf Of |
AQUASTAR HOLDINGS, LLC
|
|
| Docket Date |
2021-06-28
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Record on Appeal
|
| On Behalf Of |
Miami-Dade Clerk
|
|
| Docket Date |
2021-06-15
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
Miscellaneous Motion Granted (OG999) ~ Appellant’s Unopposed Motion to Correct the Record on Appeal is granted, and the clerk of the lower court is directed to correct the record on appeal as stated in the Motion.
|
|
| Docket Date |
2021-06-11
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
AVANT DESIGN GROUP, INC.
|
| View |
View File
|
|
| Docket Date |
2021-06-11
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion to Amend/Correct Record
|
| Description |
Motion To Correct the Record
|
| On Behalf Of |
AVANT DESIGN GROUP, INC.
|
|
| Docket Date |
2021-05-27
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Initial Brief
|
| Description |
Mot. for Extension of time to file Initial Brief ~ Withdrawn
|
| On Behalf Of |
AVANT DESIGN GROUP, INC.
|
|
| Docket Date |
2021-04-29
|
| Type |
Notice
|
| Subtype |
Notice of Cross Appeal
|
| Description |
Notice of Cross Appeal
|
| On Behalf Of |
AQUASTAR HOLDINGS, LLC
|
|
| Docket Date |
2021-04-29
|
| Type |
Misc. Events
|
| Subtype |
Cross-Notice Filing Fee Paid through Portal
|
| Description |
CROSS NOTICE FILING FEE PAID THROUGH PORTAL
|
| On Behalf Of |
AQUASTAR HOLDINGS, LLC
|
|
| Docket Date |
2021-04-26
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
MISCELLANEOUS ORDER (OR999) ~ Following review of Appellant's Second Notice of Status Report, filed on April 22, 2021, the abatement period entered on March 19, 2021, is hereby lifted. Appellant is ordered to file the initial brief within thirty-five (35) days from the date of this Order.
|
|
| Docket Date |
2021-04-22
|
| Type |
Order
|
| Subtype |
Order to File Status Report
|
| Description |
File Status Report (OR03) ~ Appellant's Status Report filed on April 19, 2021, is noted. Appellant is requested to file a further status report in this cause within ten (10) days from the date of this Order.
|
|
| Docket Date |
2021-04-22
|
| Type |
Misc. Events
|
| Subtype |
Status Report
|
| Description |
Status Report ~ SECOND NOTICE OF STATUS REPORT
|
| On Behalf Of |
AVANT DESIGN GROUP, INC.
|
|
| Docket Date |
2021-04-19
|
| Type |
Misc. Events
|
| Subtype |
Status Report
|
| Description |
Status Report
|
| On Behalf Of |
AVANT DESIGN GROUP, INC.
|
|
| Docket Date |
2021-03-19
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
Miscellaneous Motion Granted (OG999) ~ Appellee's Motion to Abate Appeal is granted. The appellate proceedings are hereby abated to await the trial court's entry of a written order on the pending and timely filed motion pursuant to Florida Rule of Civil Procedure 1.510. Appellant shall file a status report no later than thirty (30) days from the date of this Order.
|
|
| Docket Date |
2021-03-17
|
| Type |
Motions Other
|
| Subtype |
Motion To Abate
|
| Description |
Motion To Abate
|
| On Behalf Of |
AQUASTAR HOLDINGS, LLC
|
|
| Docket Date |
2021-03-17
|
| 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 |
AVANT DESIGN GROUP, INC.
|
|
| Docket Date |
2021-03-10
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Record on Appeal
|
| On Behalf Of |
Miami-Dade Clerk
|
|
| Docket Date |
2021-01-08
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid Through Portal
|
| On Behalf Of |
AVANT DESIGN GROUP, INC.
|
|
| Docket Date |
2021-01-07
|
| Type |
Notice
|
| Subtype |
Notice of Appeal Transmittal Form
|
| Description |
Notice of Transmittal--NOA
|
| On Behalf Of |
AQUASTAR HOLDINGS, LLC
|
|
| Docket Date |
2021-01-07
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter ~ Acknowledgment of new case with attachments. **The $300 filing fee for an appeal is due.
|
|
| Docket Date |
2021-01-07
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2021-01-07
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
Order to pay filing fee-civil w/atty (OR14B) ~ This is to notify counsel for Appellant that the filing and prosecution of a notice of appeal in this Court is not acceptable without compliance with the Florida Rules of Appellate Procedure. Therefore, this appeal will be dismissed unless the required three hundred dollar ($300.00) fee is paid to the Clerk of the Court on or before January 17, 2020.
|
|
