|
HARRIS KREICHMAN, et al. VS ENGINEERED AIR, LLC, et al.
|
4D2022-2718
|
2022-10-07
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
2017CA005964
|
Parties
| Name |
Matthew Kreichman
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
Lori Kreichman
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
Michael Kreichman
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
Harris Kreichman
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Scott N. Gelfand
|
|
| Name |
Preferred Air Conditioning & Mechnical, Inc.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
ENGINEERED AIR, LLC
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Geoffrey R. Lutz, Lyman S. Bradford, Gabriel Adrian Costa, Deborah Verley, Robert O. Dugan, John A. Chiocca, Kara Olesky, Ivan D. Solari, Joshua Golembe, Daniel McLeod, Travis Fulford, Ryan M. Charlson, Edward M. Baird, Thomas J. McCausland, Carol M. Rooney, Jason Cohen, Shari Scalone, Evan Roberts, Katherine L. Klapsa, Richard S. Cohen, Nicholas D. Freeman, David L. Rosinsky, Chad N. Dunigan, Thomas A. Berger, Donell A. Hicks, Robert J. Squire, Adrien Glezil
|
|
| Name |
LINDSTROM AIR CONDITIONING, INC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
PROGRESSIVE PLASTERING, INC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
GALE INSULATION COMPANY LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
R Q BUILDING PRODUCTS, INC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Italian Terrazzo and Tile Co. of Brevard, LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
COMPLETE INTERIOR SYSTEMS, INC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
FLORIDA WATER GUARD, LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
TOLL BROS., INC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
RIDGEWAY PLUMBING INC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Toll Architecture
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
CINEMA SOUND UNLIMITED, INC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
EKA BUILDERS, INC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
BUILDER SERVICES GROUP, INC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Three G Enterprises, Inc.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
E.R.L. SERVICES INC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Quality Marble Floors, Inc.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
RICHARD & RICE CONSTRUCTION COMPANY, INC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Classic Floors Ferrazzano
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
ACTION ROOFING SERVICES, INC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
TRAYLOR ELECTRIC COMPANY, INC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
SANSONE, LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Hon. Jack B. Tuter
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Broward
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2022-12-02
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
Order Granting Voluntary Dismissal ~ Pursuant to the November 30, 2022 notice of voluntary dismissal, this case is dismissed.
|
|
| Docket Date |
2022-12-02
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Clerk
|
|
| Docket Date |
2022-11-30
|
| Type |
Motions Other
|
| Subtype |
Motion/Notice Voluntary Dismissal
|
| Description |
Notice of Voluntary Dismissal ~ WITH PREJUDICE AS TO ACTION ROOFING SERVICES, INC.
|
| On Behalf Of |
Harris Kreichman
|
|
| Docket Date |
2022-11-04
|
| Type |
Order
|
| Subtype |
Order on Motion for Reinstatement
|
| Description |
ORD-Reinstatement ~ ORDERED that appellants' November 3, 2022 motion for reinstatement is granted, and the above-styled appeal is reinstated.
|
|
| Docket Date |
2022-11-03
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
Stricken - No or Noncompliant Cert. of Service ~ ORDERED that appellants’ November 2, 2022 motion is stricken as not in compliance with Florida Rule of Appellate Procedure 9.420(d) in that there is no certificate of service.
|
|
| Docket Date |
2022-11-03
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion For Reinstatement
|
| Description |
Motion For Reinstatement
|
| On Behalf Of |
Harris Kreichman
|
|
| Docket Date |
2022-11-02
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion For Reinstatement
|
| Description |
Motion For Reinstatement ~ **STRICKEN**
|
| On Behalf Of |
Harris Kreichman
|
|
| Docket Date |
2022-11-02
|
| Type |
Misc. Events
|
| Subtype |
Miscellaneous Docket Entry
|
| Description |
Miscellaneous Entry/Document ~ Invoice voided
|
|
| Docket Date |
2022-11-01
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid Through Portal
|
| On Behalf Of |
Harris Kreichman
|
|
| Docket Date |
2022-11-01
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
ORD-Sua Sponte Dismiss-No Filing Fee ~ **REINSTATED 11/04/2022** ORDERED sua sponte that the above-styled appeal is dismissed for non-payment of the $300.00 filing fee.
|
|
| Docket Date |
2022-11-01
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Clerk
|
|
| Docket Date |
2022-10-11
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Engineered Air, LLC
|
|
| Docket Date |
2022-10-07
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
Harris Kreichman
|
|
| Docket Date |
2022-10-07
|
| 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 |
2022-10-07
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2022-10-07
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
|
|
HARRIS KREICHMAN, et al VS ENGINEERED AIR, LLC, et al
|
4D2021-0943
|
2021-03-01
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
2017CA005964
|
Parties
| Name |
Michael Kreichman
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
Matthew Kreichman
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
Harris Kreichman
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Scott N. Gelfand
|
|
| Name |
Lori Kreichman
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
Preferred Air Conditioning & Mechnical, Inc.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
ENGINEERED AIR, LLC
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Travis Fulford, Ryan M. Charlson, Richard S. Cohen, Michael Kiernan, Jana Marie Fried, Albert E. Blair, W. Bradley Burnette, Adrien Glezil, Ivan D. Solari, Daniel McLeod, Katherine L. Klapsa, Thomas J. McCausland, Lyman S. Bradford, Nicholas D. Freeman, Robert J. Squire, Kara Olesky, Evan Roberts, Geoffrey R. Lutz, Elmer Joseph Generotti, Chad N. Dunigan, Edward M. Baird, Robert O. Dugan, Jason Cohen, John A. Chiocca, David L. Rosinsky, Donell A. Hicks, Gabriel Adrian Costa, Carol M. Rooney, Thomas A. Valdez, Deborah Verley, Thomas A. Berger, Joshua Golembe
|
|
| Name |
GALE INSULATION COMPANY LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
RIDGEWAY PLUMBING INC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Quality Marble Floors, Inc.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
TRAYLOR ELECTRIC COMPANY, INC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
TOLL BROS., INC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
SANSONE, LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
CINEMA SOUND UNLIMITED, INC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
R Q BUILDING PRODUCTS, INC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
EKA BUILDERS, INC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Italian Terrazzo and Tile Co. of Brevard, LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
LINDSTROM AIR CONDITIONING, INC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
E.R.L. SERVICES INC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
COMPLETE INTERIOR SYSTEMS, INC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
ACTION ROOFING SERVICES, INC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Toll Architecture
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
PROGRESSIVE PLASTERING, INC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
FLORIDA WATER GUARD, LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
RICHARD & RICE CONSTRUCTION COMPANY, INC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
BUILDER SERVICES GROUP, INC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Three G Enterprises, Inc.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Classic Floors Ferrazzano
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Hon. Jack B. Tuter
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Broward
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2022-05-06
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2022-05-06
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2022-04-18
|
| Type |
Order
|
| Subtype |
Order on Motion For Attorney's Fees
|
| Description |
Order Granting Attorney Fees-Offer Judg. ~ ORDERED that appellee Action Roofing Services, Inc.’s November 23, 2021 motion for appellate attorney's fees is granted conditioned on the trial court determining that appellee is entitled to fees under section 768.79, Florida Statutes (2021), and if so, setting 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 motion, including, but not limited to, preparation of a responsive pleading, shall be taken into account in computing the amount of the fee.
|
|
| Docket Date |
2022-03-31
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed - Per Curiam Affirmed
|
|
| Docket Date |
2021-12-28
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant's Reply Brief
|
| On Behalf Of |
Harris Kreichman
|
|
| Docket Date |
2021-12-27
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ TO MOTION FOR APPELLATE ATTORNEYS' FEES
|
| On Behalf Of |
Harris Kreichman
|
|
| Docket Date |
2021-12-13
|
| Type |
Record
|
| Subtype |
Supplemental Record
|
| Description |
Supplemental Records ~ 20 PAGES
|
| On Behalf Of |
Clerk - Broward
|
|
| Docket Date |
2021-12-08
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion to Supplement Record
|
| Description |
Motion To File Supplemental Record
|
| On Behalf Of |
Engineered Air, LLC
|
|
| Docket Date |
2021-12-08
|
| Type |
Order
|
| Subtype |
Order on Motion to Supplement Record & EOT/Toll Briefing
|
| Description |
Order Granting Motion to Supplement the Record ~ ORDERED that appellees’ December 8, 2021 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. Appellees shall monitor the supplementation process.
|
|
| Docket Date |
2021-12-01
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Reply Brief
|
| Description |
Order Granting EOT for Appellant's Reply Brief ~ ORDERED that appellants’ November 30, 2021 motion for extension of time is granted in part, and appellants shall serve the reply brief within fifteen (15) days from the current due date. In addition, if the reply brief is served after the time provided for in this order, it may be stricken.
|
|
| Docket Date |
2021-11-30
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Reply Brief
|
| Description |
Mot. for Extension of Time to File Reply Brief
|
| On Behalf Of |
Harris Kreichman
|
|
| Docket Date |
2021-11-23
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief ~ Action Roofing Services, Inc.
|
| On Behalf Of |
Engineered Air, LLC
|
|
| Docket Date |
2021-11-23
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees ~ **RESPONSE FILED 12/27/2021**
|
| On Behalf Of |
Engineered Air, LLC
|
|
| Docket Date |
2021-10-18
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
| Description |
Notice of Agreed Extension - Answer Brief ~ Action Roofing Services, Inc.
|
| On Behalf Of |
Engineered Air, LLC
|
|
| Docket Date |
2021-10-18
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 30 DAYS TO 11/24/2021
|
|
| Docket Date |
2021-09-20
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
| Description |
Notice of Agreed Extension - Answer Brief ~ Action Roofing Services, Inc.
|
| On Behalf Of |
Engineered Air, LLC
|
|
| Docket Date |
2021-09-20
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 30 DAYS TO 10/25/2021
|
|
| Docket Date |
2021-09-03
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Engineered Air, LLC
|
|
| Docket Date |
2021-08-18
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 30 DAYS TO 09/24/2021
|
|
| Docket Date |
2021-08-18
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
| Description |
Notice of Agreed Extension - Answer Brief ~ Action Roofing Services, Inc.
|
| On Behalf Of |
Engineered Air, LLC
|
|
| Docket Date |
2021-08-02
|
| Type |
Record
|
| Subtype |
Supplemental Record
|
| Description |
Supplemental Records ~ 128 PAGES
|
| On Behalf Of |
Clerk - Broward
|
|
| Docket Date |
2021-07-26
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
Harris Kreichman
|
|
| Docket Date |
2021-07-23
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion to Supplement Record
|
| Description |
Motion To File Supplemental Record
|
| On Behalf Of |
Harris Kreichman
|
|
| Docket Date |
2021-07-23
|
| Type |
Order
|
| Subtype |
Order on Motion to Supplement Record & EOT/Toll Briefing
|
| Description |
Order Granting Motion to Supplement the Record ~ ORDERED that appellants’ July 23, 2021 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. Appellants shall monitor the supplementation process.
|
|
| Docket Date |
2021-07-07
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
Order Granting EOT for Initial Brief ~ ORDERED that appellants’ July 6, 2021 motion for extension of time is granted, and appellants shall serve the initial brief on or before July 26, 2021. In addition, if the initial brief is not served within the time provided for in this order, the above-styled case may be subject to dismissal or the court in its discretion may impose other sanctions.
|
|
| Docket Date |
2021-07-06
|
| 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 |
Harris Kreichman
|
|
| Docket Date |
2021-06-25
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ 21,016 PAGES
|
| On Behalf Of |
Clerk - Broward
|
|
| Docket Date |
2021-06-01
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
Order Granting EOT for Initial Brief ~ ORDERED that appellants’ May 28, 2021 motion for extension of time is granted, and appellants shall serve the initial brief on or before July 12, 2021. In addition, if the initial brief is not served within the time provided for in this order, the above-styled case may be subject to dismissal or the court in its discretion may impose other sanctions.
|
|
| Docket Date |
2021-05-28
|
| 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 |
Harris Kreichman
|
|
| Docket Date |
2021-05-27
|
| Type |
Misc. Events
|
| Subtype |
Status Report
|
| Description |
Status Report ~ SECOND AMENDED
|
| On Behalf Of |
Harris Kreichman
|
|
| Docket Date |
2021-05-20
|
| Type |
Misc. Events
|
| Subtype |
Status Report
|
| Description |
Status Report ~ AMENDED
|
| On Behalf Of |
Harris Kreichman
|
|
| Docket Date |
2021-05-05
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ TO APPELLANTS' STATUS REPORT
|
| On Behalf Of |
Engineered Air, LLC
|
|
| Docket Date |
2021-05-03
|
| Type |
Misc. Events
|
| Subtype |
Status Report
|
| Description |
Status Report
|
| On Behalf Of |
Harris Kreichman
|
|
| Docket Date |
2021-04-29
|
| Type |
Order
|
| Subtype |
Order to File Status Report
|
| Description |
Order for Status Report Re: ROA ~ Upon consideration of the Affidavit of Non-Payment of Appeal Invoice filed by the clerk of the lower tribunal on April 21, 2021, appellants are ordered to file a report, within ten (10) days from the date of this order, as to the status of the payment for the record on appeal.
|
|
| Docket Date |
2021-04-21
|
| Type |
Misc. Events
|
| Subtype |
Affidavit
|
| Description |
Affidavit ~ OF NON-PAYMENT OF APPEAL INVOICE
|
| On Behalf Of |
Clerk - Broward
|
|
| Docket Date |
2021-04-20
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
ORD-Stricken ~ ORDERED that appellants’ April 19, 2021 amended status report is stricken without prejudice to refiling the status report with an explanation of the status of the payment for and preparation of the record on appeal.
|
|
| Docket Date |
2021-04-19
|
| Type |
Misc. Events
|
| Subtype |
Status Report
|
| Description |
Status Report ~ AMENDED
|
| On Behalf Of |
Harris Kreichman
|
|
| Docket Date |
2021-04-19
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
Stricken - Non-Compliance With R. 9.045 ~ ORDERED that appellants’ April 16, 2021 status report is stricken as not in compliance with Florida Rule of Appellate Procedure 9.045, which became effective January 1, 2021, in that it is a computer-generated document which does not comply with the font requirements set forth in Rule 9.045(b). See Fla. R. App. P. 9.045(b) (“Computer-generated documents shall be filed in either Arial 14-point font or Bookman Old Style 14-point font.”). An amended document in compliance with Rule 9.045 shall be filed within two (2) days from the date of this order.
|
|
| Docket Date |
2021-04-16
|
| Type |
Misc. Events
|
| Subtype |
Status Report
|
| Description |
Status Report
|
| On Behalf Of |
Harris Kreichman
|
|
| Docket Date |
2021-04-09
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Engineered Air, LLC
|
|
| Docket Date |
2021-04-06
|
| Type |
Order
|
| Subtype |
Order to File Status Report
|
| Description |
Order for Status Report Re: ROA ~ Upon consideration of the Affidavit of Non-Payment of Appeal Invoice filed by the clerk of the lower tribunal on March 29, 2021, appellants are ordered to file a report, within ten (10) days from the date of this order, as to the status of the payment and preparation of the record on appeal.
|
|
| Docket Date |
2021-04-06
|
| Type |
Notice
|
| Subtype |
Notice of Filing
|
| Description |
Notice of Filing ~ DIRECTIONS TO CLERK
|
| On Behalf Of |
Harris Kreichman
|
|
| Docket Date |
2021-03-29
|
| Type |
Misc. Events
|
| Subtype |
Affidavit
|
| Description |
Affidavit ~ OF NON-PAYMENT OF APPEAL INVOICE
|
| On Behalf Of |
Clerk - Broward
|
|
| Docket Date |
2021-03-04
|
| Type |
Misc. Events
|
| Subtype |
Miscellaneous Trial Court Order
|
| Description |
ORD-FROM CIRCUIT COURT/AGENCY ~ FINAL JUDGMENT IN FAVOR OF DEFENDANT, ACTION ROOFING SERVICES, INC., ONLY
|
| On Behalf Of |
Harris Kreichman
|
|
| Docket Date |
2021-03-03
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid Through Portal
|
| On Behalf Of |
Harris Kreichman
|
|
| Docket Date |
2021-03-02
|
| 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, or a circuit court clerk's determination of indigent status, did not accompany the Notice of Appeal as required in Florida Rules of Appellate Procedure 9.110(b) and 9.140(a). The filing fee is due and payable at the time of filing REGARDLESS OF WHETHER THE APPEAL IS LATER DISMISSED VOLUNTARILY OR ADVERSELY.ORDERED that appellant shall pay the $300.00 filing fee or file the circuit court 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 circuit court clerk's determination of indigent status is filed.
|
|
| Docket Date |
2021-03-02
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2021-03-01
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2021-03-01
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
Harris Kreichman
|
|
|
|
ENGINEERED AIR, LLC VS RIDGEWAY PLUMBING, INC., et al.
|
4D2020-0043
|
2020-01-07
|
Closed
|
|
| Classification |
NOA Non Final - Circuit Civil - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
CACE17-005964
|
Parties
| Name |
ENGINEERED AIR, LLC
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Ryan M. Charlson, Thomas Lee Hunker
|
|
| Name |
Matthew Kreichman
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
RIDGEWAY PLUMBING INC.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Gabriel Adrian Costa, Edward M. Baird, William Dilley, II, Deborah Verley, Chad N. Dunigan, Katherine L. Klapsa, Donell A. Hicks
|
|
| Name |
Classic Floors Ferrazzano
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Harris Kreichman
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
LINDSTROM AIR CONDITIONING, INC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
RICHARD & RICE CONSTRUCTION COMPANY, INC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
BUILDER SERVICES GROUP, INC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Preferred Air Conditioning & Mechnical, Inc.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
PROGRESSIVE PLASTERING, INC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
COMPLETE INTERIOR SYSTEMS, INC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
TOLL BROS., INC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
E.R.L. SERVICES INC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Quality Marble Floors, Inc.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
ACTION ROOFING SERVICES, INC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
TRAYLOR ELECTRIC COMPANY, INC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Michael Kreichman
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
GALE INSULATION COMPANY LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Italian Terrazzo and Tile Co. of Brevard, LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Lori Kreichman
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
SANSONE, LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Three G Enterprises, Inc.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
CINEMA SOUND UNLIMITED, INC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
R Q BUILDING PRODUCTS, INC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Toll Architecture
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Hon. Raag Singhal
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Broward
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2020-10-23
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2020-10-23
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2020-10-09
|
| Type |
Notice
|
| Subtype |
Notice of Change of Address
|
| Description |
Notice of Change of Address
|
| On Behalf Of |
Engineered Air, LLC
|
|
| Docket Date |
2020-10-01
|
| Type |
Order
|
| Subtype |
Order on Motion For Attorney's Fees
|
| Description |
Order Granting Attorney Fees-Prevailing ~ ORDERED that appellees’ June 16, 2020 motion for attorney's fees is granted conditioned on the trial court determining that appellees are the prevailing party and, if so, setting 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.
|
|
| Docket Date |
2020-10-01
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed - Per Curiam Affirmed
|
|
| Docket Date |
2020-07-06
|
| Type |
Order
|
| Subtype |
Order on Motion For Leave To File Amended Brief
|
| Description |
Grant Motion Serve Amended Brief ~ ORDERED that appellant’s July 1, 2020 motion to serve an amended reply brief is granted. The amended reply brief filed July 1, 2020 is accepted.
|
|
| Docket Date |
2020-07-01
|
| Type |
Brief
|
| Subtype |
Amended Reply Brief
|
| Description |
Amended Appellant's Reply Brief
|
| On Behalf Of |
Engineered Air, LLC
|
|
| Docket Date |
2020-07-01
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ IN OPPOSITION TO APPELLEES' MOTION FOR ATTORNEYS FEES
|
| On Behalf Of |
Engineered Air, LLC
|
|
| Docket Date |
2020-07-01
|
| Type |
Motions Relating to Briefs
|
| Subtype |
Motion to Amend Brief
|
| Description |
Motion For Leave To File Amended Brief
|
| On Behalf Of |
Engineered Air, LLC
|
|
| Docket Date |
2020-06-26
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion/Request for Oral Argument
|
| Description |
Request for Oral Argument
|
| On Behalf Of |
Ridgeway Plumbing, Inc.
|
|
| Docket Date |
2020-06-26
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant's Reply Brief ~ TOLLS BROS., INC. d/b/a TOLL ARCHITECTURE and TOLL FL V, LLC
|
| On Behalf Of |
Engineered Air, LLC
|
|
| Docket Date |
2020-06-16
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees ~ TOLL BROS., INC AND TOLL FL V LLC (RESPONSE FILED 07/01/20)
|
| On Behalf Of |
Ridgeway Plumbing, Inc.
|
|
| Docket Date |
2020-06-05
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Brief ~ TOLL BROS., INC AND TOLL FL V LLC
|
| On Behalf Of |
Ridgeway Plumbing, Inc.
|
|
| Docket Date |
2020-05-28
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Brief
|
| On Behalf Of |
Ridgeway Plumbing, Inc.
|
|
| Docket Date |
2020-05-28
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
Order Striking Appendix - Non-Compliance With R. 9.220 ~ ORDERED that appellee Toll Bros., Inc and Toll FL V LLC’s appendix to the answer brief 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 consecutively paginated, beginning with the cover sheet as page 1, and was not paginated so that the page numbers displayed by the PDF reader exactly match the pagination of the index. An amended appendix in compliance with Rule 9.220(c) shall be filed within two (2) days from the date of this order.
|
|
| Docket Date |
2020-05-27
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief ~ TOLL BROS., INC AND TOLL FL V LLC
|
| On Behalf Of |
Ridgeway Plumbing, Inc.
|
|
| Docket Date |
2020-04-22
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
| Description |
Order Granting EOT for Answer Brief ~ ORDERED that appellee, Toll Bros., Inc. d/b/a Toll Architecture and Toll FL V LLC’s April 21, 2020 motion for extension of time is granted, and appellee shall serve the answer brief on or before May 27, 2020. 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.
|
|
| Docket Date |
2020-04-21
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Answer Brief
|
| Description |
Mot. for Extension of time to file Answer Brief ~ TOLL BROS., INC. d/b/a TOLL ARCHITECTURE and TOLL FL V LLC
|
| On Behalf Of |
Ridgeway Plumbing, Inc.
|
|
| Docket Date |
2020-03-31
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
| Description |
Order Granting EOT for Answer Brief ~ ORDERED that appellee, Toll Bros., Inc. d/b/a Toll Architecture and Toll FL V LLC’s March 30, 2020 motion for extension of time is granted, and appellee shall serve the answer brief on or before April 27, 2020. 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.
|
|
| Docket Date |
2020-03-30
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Answer Brief
|
| Description |
Mot. for Extension of time to file Answer Brief ~ TOLL BROS., INC. d/b/a TOLL ARCHITECTURE and TOLL FL V LLC
|
| On Behalf Of |
Ridgeway Plumbing, Inc.
|
|
| Docket Date |
2020-03-30
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
Stricken - No or Noncompliant Cert. of Service ~ ORDERED that appellee, TOLL BROS., INC. d/b/a TOLL ARCHITECTURE and TOLL FL V LLC’s March 30, 2020 motion for extension of time is stricken as not in compliance with Florida Rule of Appellate Procedure 9.420(d) in that the certificate of service does not comply in substance with the requirements of Florida Rule of Judicial Administration 2.516(f).
|
|
| Docket Date |
2020-03-12
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Brief ~ SECOND AMENDED - PART 2 OF 2
|
| On Behalf Of |
Engineered Air, LLC
|
|
| Docket Date |
2020-03-12
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice
|
| On Behalf Of |
Engineered Air, LLC
|
|
| Docket Date |
2020-03-11
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
Order Striking Appendix - Non-Compliance With R. 9.220 ~ ORDERED that appellant’s appendix to the initial brief 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 paginated so that the page numbers displayed by the PDF reader exactly match the pagination of the index. An amended appendix in compliance with Rule 9.220(c) shall be filed within two (2) days from the date of this order.
|
|
| Docket Date |
2020-03-10
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice
|
| On Behalf Of |
Engineered Air, LLC
|
|
| Docket Date |
2020-03-10
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Brief
|
| On Behalf Of |
Engineered Air, LLC
|
|
| Docket Date |
2020-03-09
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
Order Striking Appendix - Non-Compliance With R. 9.220 ~ ORDERED that appellant’s appendix to the initial brief 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 properly indexed and consecutively paginated, beginning with the cover sheet as page 1. An amended appendix in compliance with Rule 9.220(c) shall be filed within two (2) days from the date of this order.
|
|
| Docket Date |
2020-03-06
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
Engineered Air, LLC
|
|
| Docket Date |
2020-03-06
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Brief
|
| On Behalf Of |
Engineered Air, LLC
|
|
| Docket Date |
2020-02-20
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
Order Granting EOT for Initial Brief ~ ORDERED that appellant’s February 19, 2020 motion for extension of time is granted, and appellant shall serve the initial brief on or before March 6, 2020. In addition, if the initial brief is not served within the time provided for in this order, the above-styled case may be subject to dismissal or the court in its discretion may impose other sanctions.
|
|
| Docket Date |
2020-02-19
|
| 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 |
Engineered Air, LLC
|
|
| Docket Date |
2020-01-15
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
Order Granting EOT for Initial Brief ~ ORDERED that appellant’s January 14, 2020 motion for extension of time is granted, and appellant shall serve the initial brief on or before February 20, 2020. In addition, if the initial brief is not served within the time provided for in this order, the above-styled case may be subject to dismissal or the court in its discretion may impose other sanctions.
|
|
| Docket Date |
2020-01-14
|
| 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 |
Engineered Air, LLC
|
|
| Docket Date |
2020-01-09
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid Through Portal
|
| On Behalf Of |
Engineered Air, LLC
|
|
| Docket Date |
2020-01-08
|
| 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, or a circuit court clerk's determination of indigent status, did not accompany the Notice of Appeal as required in Florida Rules of Appellate Procedure 9.110(b) and 9.140(a). The filing fee is due and payable at the time of filing REGARDLESS OF WHETHER THE APPEAL IS LATER DISMISSED VOLUNTARILY OR ADVERSELY.ORDERED that appellant shall pay the $300.00 filing fee or file the circuit court 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 circuit court clerk's determination of indigent status is filed.
|
|
| Docket Date |
2020-01-08
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2020-01-07
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2020-01-07
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
Engineered Air, LLC
|
|
|
