| Docket Date |
2024-10-28
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
ORDERED that Appellant's July 22, 2024 and Appellee's July 22, 2024 motions for attorney's fees are denied as moot. Further, At the request of the parties, this case is dismissed.
|
| View |
View File
|
|
| Docket Date |
2024-10-24
|
| Type |
Motions Other
|
| Subtype |
Motion/Notice Voluntary Dismissal
|
| Description |
Joint Stipulation of Dismissal
|
|
| Docket Date |
2024-10-01
|
| Type |
Order
|
| Subtype |
Amended/Corrected Order
|
| Description |
ORDERED that this court's September 27, 2024 order is amended as follows: ORDERED that the September 24, 2024 joint motion to stay appeal pending completion of settlement is granted. All parties hereto shall be required to file a pleading on or before December 15, 2024, that advises this court as to the completion of all settlement negotiations thereby warranting the dismissal of this pending appeal.
|
| View |
View File
|
|
| Docket Date |
2024-09-27
|
| Type |
Order
|
| Subtype |
Amended/Additional Filing(s) Needed
|
| Description |
ORDERED that all parties hereto shall be required to file a pleading on or before December 15, 2024, that advises this court as to the completion of all settlement negotiations thereby warranting the dismissal of this pending appeal.
|
| View |
View File
|
|
| Docket Date |
2024-09-24
|
| Type |
Motions Other
|
| Subtype |
Motion To Stay
|
| Description |
JOINT MOTION TO STAY APPEAL PENDING
COMPLETION OF SETTLEMENT
|
| On Behalf Of |
Cleveland Construction, Inc.
|
|
| Docket Date |
2024-09-19
|
| 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 |
2024-07-23
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion/Request for Oral Argument
|
| Description |
Motion/Request for Oral Argument
|
|
| Docket Date |
2024-07-22
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
|
|
| Docket Date |
2024-07-22
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Reply Brief
|
| On Behalf Of |
Cleveland Construction, Inc.
|
| View |
View File
|
|
| Docket Date |
2024-06-11
|
| Type |
Recognizing Agreed Extension
|
| Subtype |
Reply Brief
|
| Description |
15 Days to 07/23/2024
|
|
| Docket Date |
2024-06-11
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Reply Brief
|
| Description |
Notice of Agreed Extension of Time - Reply Brief
|
| On Behalf Of |
Cleveland Construction, Inc.
|
|
| Docket Date |
2024-06-07
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Answer Brief
|
| On Behalf Of |
James A. Cummings, Inc.
|
| View |
View File
|
|
| Docket Date |
2024-05-15
|
| Type |
Order
|
| Subtype |
Order on Motion to Appear Pro Hac Vice
|
| Description |
ORDERED that David C. Romyn's May 9, 2024 verified motion for permission to appear pro hac vice is granted, and David C. Romyn, Esquire is permitted to appear in this appeal as counsel for James Cummings, Inc. David C. Romyn, Esquire is advised that this court does not send paper documents to attorneys and he shall register for the Appellate Case Information System ("ACIS") and the Florida Courts E-Filing Portal within five (5) days from the date of this order.
|
| View |
View File
|
|
| Docket Date |
2024-05-14
|
| Type |
Miscellaneous Document
|
| Subtype |
Pay Pro Hac Vice Fee-100
|
| Description |
Paid Pro Hac Vice Fee-100
|
| On Behalf Of |
James A. Cummings, Inc.
|
| View |
View File
|
|
| Docket Date |
2024-05-14
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
This court is in receipt of the verified motion for admission to appear pro hac vice filed May 9, 2024. Further, ORDERED that David C. Romyn, Esq. shall tender the $100 appearance fee required by section 35.22(2)(a), Florida Statutes (2021), within ten (10) days from the date of the entry of this order. Upon so tendering the motion will be granted. The fee may be paid electronically through the Florida Courts E-Filing Portal - see the court's website for details.
|
| View |
View File
|
|
| Docket Date |
2024-05-09
|
| Type |
Motions Relating to Parties and Counsel
|
| Subtype |
Motion to Appear Pro Hac Vice
|
| Description |
Motion to Appear Pro Hac Vice
|
|
| Docket Date |
2024-05-07
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Answer Brief
|
| Description |
Agreed Motion for Extension of Time to File Answer/Cross Initial Brief
|
| On Behalf Of |
Cleveland Construction, Inc.
|
|
| Docket Date |
2024-05-06
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
Order Striking Filing
|
| View |
View File
|
|
| Docket Date |
2024-05-02
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Answer Brief
|
| Description |
Motion for Extension of Time to Serve Answer Brief
|
|
| Docket Date |
2024-04-30
|
| Type |
Notice
|
| Subtype |
Notice of Electronic Transmission
|
| Description |
*AMENDED* Notice of Electronic Transmission
|
| On Behalf Of |
Clerk - Broward
|
|
| Docket Date |
2024-04-23
|
| Type |
Record
|
| Subtype |
Exhibits
|
| Description |
See Notice of Electronic Transmission
|
|
| Docket Date |
2024-04-19
|
| Type |
Notice
|
| Subtype |
Notice of Electronic Transmission
|
| Description |
Notice of Electronic Transmission
|
| On Behalf Of |
Clerk - Broward
|
|
| Docket Date |
2024-02-10
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief
|
| On Behalf Of |
Cleveland Construction, Inc.
|
| View |
View File
|
|
| Docket Date |
2024-02-02
|
| Type |
Record
|
| Subtype |
Supplemental Record
|
| Description |
Supplemental Record Vol. I Pages 2595-15,581
|
|
| Docket Date |
2023-10-06
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response to Order to Show Cause
|
| On Behalf Of |
James A. Cummings, Inc.
|
|
| Docket Date |
2023-10-04
|
| Type |
Miscellaneous Document
|
| Subtype |
Pay Notice Joinder Fee-295
|
| Description |
Paid Notice Joinder Fee-295
|
| On Behalf Of |
James A. Cummings, Inc.
|
| View |
View File
|
|
| Docket Date |
2024-01-05
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension for Supplemental ROA
|
| Description |
Agreed Motion for Extension of Time to Supplement the Record and File Briefs
|
|
| Docket Date |
2023-12-04
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
ORDERED that the clerk of the lower tribunal's December 1, 2023 motion for extension of time is granted in part, and the time for the clerk of the lower tribunal to file the supplemental record on appeal is extended twenty (20) days from the date of this order. Further, ORDERED that Daniel Vega's December 4, 2023 notice of unavailability is stricken as unauthorized.
|
| View |
View File
|
|
| Docket Date |
2023-12-04
|
| Type |
Notice
|
| Subtype |
Unavailability
|
| Description |
Unavailability
|
| On Behalf Of |
Federal Insurance Company
|
| View |
View File
|
|
| Docket Date |
2023-12-01
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time
|
| Description |
Motion for Extension of Time to Prepare the Supplemental Record
|
| On Behalf Of |
Clerk - Broward
|
|
| Docket Date |
2023-11-21
|
| Type |
Order
|
| Subtype |
Order on Motion to Supplement Record
|
| Description |
ORDERED that Appellant Cleveland Construction, Inc.'s November 17, 2023 motion to supplement the record is granted. The material requested in the motion shall be included in the record on appeal. The clerk of the lower tribunal shall prepare and file the supplemental material in this court within ten (10) days from the date of this order. Appellant shall monitor the supplementation process.
|
| View |
View File
|
|
| Docket Date |
2023-11-17
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion to Supplement Record
|
| Description |
Motion to Supplement Record
|
|
| Docket Date |
2023-11-14
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
ORDERED that Appellant Cleveland Construction, Inc.'s November 13, 2023 motion to supplement the record on appeal is stricken without prejudice to refiling a motion which identifies the exhibits.
|
| View |
View File
|
|
| Docket Date |
2023-11-13
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion to Supplement Record
|
| Description |
Motion to Supplement Record
|
|
| Docket Date |
2023-11-07
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Cleveland Construction, Inc.
|
|
| Docket Date |
2023-10-11
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
90 Days to 01/16/2024
|
|
| Docket Date |
2023-10-11
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
| Description |
Notice of Agreed Extension of Time - Initial Brief
|
| On Behalf Of |
Cleveland Construction, Inc.
|
|
| Docket Date |
2023-10-10
|
| Type |
Order
|
| Subtype |
Order Discharging Show Cause Order
|
| Description |
ORDERED that, upon consideration of Federal Insurance Company's response filed October 6, 2023, this court's September 22, 2023 order to show cause is discharged. Further, ORDERED that Federal Insurance Company's August 30, 2023 notice of joinder is reinstated and Federal Insurance Company may proceed as an appellant in the above-styled appeal.
|
| View |
View File
|
|
| Docket Date |
2023-10-04
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
**JOINDER REINSTATED 10/10/2023** ORDERED that Federal Insurance Company's August 30, 2023 notice of joinder is stricken for failure to comply with this court's September 1 and 22, 2023 orders.
|
| View |
View File
|
|
| Docket Date |
2023-10-03
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Record on Appeal; 2,596 Pages
|
| On Behalf Of |
Clerk - Broward
|
|
| Docket Date |
2023-09-22
|
| Type |
Order
|
| Subtype |
Order to Show Cause
|
| Description |
**DISCHARGED 10/10/2023** ORDERED that, within five (5) days from the date of this order, Federal Insurance Company shall show cause why its Notice of Joinder should not be stricken for failure to comply with this court's September 1, 2023 order to pay the filing fee.
|
| View |
View File
|
|
| Docket Date |
2023-08-30
|
| Type |
Notice
|
| Subtype |
Notice of Joinder for Realignment
|
| Description |
Notice of Joinder in Appeal (filing fee required)
|
| On Behalf Of |
James A. Cummings, Inc.
|
|
| Docket Date |
2023-08-28
|
| Type |
Notice
|
| Subtype |
Amended Notice of Appeal
|
| Description |
Amended Notice of Appeal
|
| On Behalf Of |
Clerk - Broward
|
|
| Docket Date |
2023-08-25
|
| Type |
Misc. Events
|
| Subtype |
Cross-Notice Filing Fee Paid through Portal
|
| Description |
CROSS NOTICE FILING FEE PAID THROUGH PORTAL
|
| On Behalf Of |
James A. Cummings, Inc.
|
|
| Docket Date |
2023-08-24
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
ORD-Pay filing Fee - Cross-Appeal - 10 days ~ A Notice of Cross-Appeal was filed in the lower tribunal on August 21, 2023. 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.
|
|
| Docket Date |
2023-08-23
|
| Type |
Notice
|
| Subtype |
Notice of Cross Appeal
|
| Description |
Notice of Cross Appeal
|
| On Behalf Of |
Clerk - Broward
|
|
| Docket Date |
2023-08-21
|
| Type |
Notice
|
| Subtype |
Notice of Designation of E-mail Address
|
| Description |
Notice of Primary E-Mail Address
|
| On Behalf Of |
Cleveland Construction, Inc.
|
|
| Docket Date |
2023-08-16
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Cleveland Construction, Inc.
|
|
| Docket Date |
2023-08-16
|
| Type |
Misc. Events
|
| Subtype |
Order Appealed
|
| Description |
Order Appealed
|
| On Behalf Of |
Cleveland Construction, Inc.
|
|
| Docket Date |
2023-08-14
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid Through Portal
|
| On Behalf Of |
Cleveland Construction, Inc.
|
|
| Docket Date |
2023-08-10
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
ORD-Pay Filing Fee-Civil Appeal ~ The jurisdiction of this court was invoked by filing of a Notice of Appeal in the lower tribunal. The $300.00 filing fee required by the applicable rule of procedure and Section 35.22(2)(a), Florida Statutes (2021), is due and payable REGARDLESS OF WHETHER THE APPEAL IS LATER DISMISSED VOLUNTARILY OR ADVERSELY.ORDERED that appellant shall pay the $300.00 filing fee or file the lower tribunal clerk's determination of indigent status in this court within ten (10) days from the date of this order. The fee may be paid electronically through the Florida Courts E-Filing Portal – see the court’s website for details. Failure to comply within the time prescribed will result in dismissal of this cause and may result in the court sanctioning of any party, or the party's attorney, who has not paid the filing fee. The attorney filing the Notice of Appeal has a duty to tender the filing fee to the appellate court when the appeal is initiated. See In Re Payment of Filing Fees, 744 So. 2d 1025 (Fla. 4th DCA 1997). Failure of the attorney to pay will result in referral to the Department of Financial Services for collection.**NOTE: This order does not toll the time for filing any pleadings necessary to prosecute this appeal and no extensions of time will be entertained. Once the fee is paid, it is not refundable. Except for dismissal, this court will take no action in this appeal until the filing fee is paid or until a lower tribunal clerk's determination of indigent status is filed.
|
|
| Docket Date |
2023-08-10
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
Cleveland Construction, Inc.
|
|
| Docket Date |
2023-08-10
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2023-08-10
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2024-12-18
|
| Type |
Record
|
| Subtype |
Returned Exhibits
|
| Description |
Returned Exhibits
|
|
| Docket Date |
2024-05-09
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
| Description |
ORDERED that Appellee James A. Cummings, Inc.'s May 7, 2024 motion for extension of time is granted, and Appellee shall serve the answer/cross-initial brief on or before June 7, 2024. In addition, Appellee is notified that the failure to serve the brief within the time provided herein may foreclose Appellee's right to file a brief or otherwise participate in this appeal.
|
| View |
View File
|
|
| Docket Date |
2024-01-16
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
ORDERED that Appellant Cleveland Construction, Inc.'s January 5, 2024 motion for extension of time is granted, and the time for the clerk of the lower tribunal to file the supplemental record on appeal is extended to and including January 18, 2024. Further, ORDERED that Appellant Cleveland Construction, Inc.'s January 5, 2024 request for extension of time is granted in part, and Appellant shall serve the initial brief ten (10) days from receipt of the supplemental record. In addition, if the initial brief is not served within the time provided for in this order, the above-styled case will be subject to dismissal or the court in its discretion may impose other sanctions. Appellant is advised that no further extensions will be granted absent a detailed explanation for why the initial brief has not yet been filed and a showing of extraordinary circumstances where, if a further extension is not granted, irreparable and material harm will result to the litigant. Attorney workload does not constitute extraordinary circumstances which justifies a further extension of time.
|
| View |
View File
|
|
| Docket Date |
2023-09-01
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
ORD-Pay filing fee-Notice Joinder-10 days ~ The $295.00 filing fee, or a lower tribunal clerk's determination of indigent status, did not accompany the Notice of Joinder as required by section 35.22(2)(b), Florida Statutes (2021). The filing fee is due and payable at the time of filing REGARDLESS OF WHETHER THE PROCEEDING IS LATER DISMISSED VOLUNTARILY OR ADVERSELY.ORDERED that Federal Insurance Company 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/striking of the notice of joinder 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 joinder has a duty to tender the filing fee to the appellate court when the notice 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 Florida Department of Financial Services for collection.
|
|
