Docket Date |
2022-06-06
|
Type |
Disposition
|
Subtype |
Granted
|
Description |
Granted - Order by Judge
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|
Docket Date |
2022-06-06
|
Type |
Disposition by Order
|
Subtype |
Granted
|
Description |
Order-Original Proceeding Granted ~ It is ORDERED that the August 13, 2021 petition for writ of certiorari is granted and the July 14, 2021 order discharging the claim of lien is quashed. Issues of fact remain as to whether the amount of the May 15, 2019 claim of lien was "willfully exaggerated" as required by section 713.31(2)(a), Florida Statutes. See James B. Pirtle Constr., Co. v. Warren Henry Autos, Inc., 329 So. 3d 205 (Fla. 3d DCA 2021); Farrey's Wholesale Hardware Co. v. Coltin Elec. Servs., LLC, 263 So. 3d 168, 179 (Fla. 2d DCA 2018).CONNER, C.J., GROSS and CIKLIN, JJ., concur.
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|
Docket Date |
2022-03-31
|
Type |
Record
|
Subtype |
Appendix
|
Description |
Appendix ~ TO REPLY TO RESPONSE
|
On Behalf Of |
HDZ Builders, Inc.
|
|
Docket Date |
2022-03-31
|
Type |
Order
|
Subtype |
Order Striking Filing
|
Description |
Stricken - Non-Compliance With R. 9.045 ~ ORDERED that petitioner's March 30, 2022 notice of filing 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.
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|
Docket Date |
2022-03-30
|
Type |
Notice
|
Subtype |
Notice of Filing
|
Description |
Notice of Filing ~ ***STRICKEN 3/31/22***
|
On Behalf Of |
HDZ Builders, Inc.
|
|
Docket Date |
2022-03-21
|
Type |
Response
|
Subtype |
Reply to Response
|
Description |
Reply to Response ~ **AMENDED**
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On Behalf Of |
HDZ Builders, Inc.
|
|
Docket Date |
2022-03-21
|
Type |
Motions Relating to Oral Argument
|
Subtype |
Motion/Request for Oral Argument
|
Description |
Request for Oral Argument
|
On Behalf Of |
HDZ Builders, Inc.
|
|
Docket Date |
2022-02-17
|
Type |
Order
|
Subtype |
Order to File Status Report
|
Description |
Order to File Status Report ~ ORDERED that petitioner may file its reply in the above styled case within thirty (30) days of this order. Further,ORDERED that the parties shall inform this court of any resolution in the underlying litigation reached during the anticipated mediation.
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|
Docket Date |
2022-01-26
|
Type |
Response
|
Subtype |
Response
|
Description |
Response
|
On Behalf Of |
Courtyard Gardens of Boynton Beach, LLC
|
|
Docket Date |
2022-01-18
|
Type |
Order
|
Subtype |
Order to File Response
|
Description |
ORD-To File Response ~ ORDERED that, within ten (10) days from the date of this order, respondent shall file a response to petitioner's January 14, 2022 status report.
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|
Docket Date |
2022-01-14
|
Type |
Misc. Events
|
Subtype |
Status Report
|
Description |
Status Report
|
On Behalf Of |
HDZ Builders, Inc.
|
|
Docket Date |
2021-12-28
|
Type |
Order
|
Subtype |
Order to File Status Report
|
Description |
Order to File Status Report ~ ORDERED that petitioner is directed to file a status report within twenty (20) days from the date of this order regarding the progress being made toward the disposition of the case in light of the expiration of this court’s November 1, 2021 stay order.
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|
Docket Date |
2021-11-01
|
Type |
Order
|
Subtype |
Order on Motion to Stay
|
Description |
Grant Stay ~ ORDERED that respondent’s October 21, 2021 unopposed motion to stay the case is granted. The case is stayed for forty-five (45) days. Thereafter, respondent shall advise this court regarding the progress being made toward disposition of the case.
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|
Docket Date |
2021-10-29
|
Type |
Response
|
Subtype |
Response
|
Description |
Response ~ TO AMENDED PETITION FOR WRIT OF CERTIORARI
|
On Behalf Of |
Courtyard Gardens of Boynton Beach, LLC
|
|
Docket Date |
2021-10-21
|
Type |
Motions Other
|
Subtype |
Motion To Stay
|
Description |
Motion To Stay
|
On Behalf Of |
Courtyard Gardens of Boynton Beach, LLC
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|
Docket Date |
2021-10-21
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time to File Response
|
Description |
Grant EOT to file Response ~ ORDERED that respondent's October 20, 2021 motion for extension of time is granted, and the time for filing a response is extended one (1) day from the date of this order.
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|
Docket Date |
2021-10-20
|
Type |
Motions Extensions
|
Subtype |
Motion for Extension of Time to File Response
|
Description |
Motion for Extension of Time to File Response
|
On Behalf Of |
Courtyard Gardens of Boynton Beach, LLC
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|
Docket Date |
2021-10-14
|
Type |
Order
|
Subtype |
Order on Motion For Substitution of Counsel
|
Description |
ORD-Grant Substitution of Counsel ~ ORDERED that pursuant to the stipulation for substitution of counsel filed October 12, 2021, Belaval Law PLLC is substituted for The Barthet Firm as counsel for HDZ Builders in the above–styled cause.
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|
Docket Date |
2021-10-12
|
Type |
Motions Relating to Parties and Counsel
|
Subtype |
Motion For Substitution of Counsel
|
Description |
Stipulation for Substitution of Counsel
|
On Behalf Of |
HDZ Builders, Inc.
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|
Docket Date |
2021-10-11
|
Type |
Order
|
Subtype |
Order Striking Filing
|
Description |
Stricken - Non-Compliance With R. 9.045 ~ ORDERED that the October 8, 2021 stipulation for substitution of counsel 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.
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|
Docket Date |
2021-10-08
|
Type |
Motions Relating to Parties and Counsel
|
Subtype |
Motion For Substitution of Counsel
|
Description |
Stipulation for Substitution of Counsel ~ ***STRICKEN 10/11/21***
|
On Behalf Of |
HDZ Builders, Inc.
|
|
Docket Date |
2021-10-01
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time to File Response
|
Description |
Grant EOT to file Response ~ ORDERED that respondent's September 30, 2021 motion for extension of time is granted, and the time for filing a response is extended to October 20, 2021.
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|
Docket Date |
2021-09-30
|
Type |
Motions Extensions
|
Subtype |
Motion for Extension of Time to File Response
|
Description |
Motion for Extension of Time to File Response
|
On Behalf Of |
Courtyard Gardens of Boynton Beach, LLC
|
|
Docket Date |
2021-09-10
|
Type |
Order
|
Subtype |
Show Cause re Petition
|
Description |
ORD-Writs Show Cause with Reply ~ ORDERED that respondent shall file a response within twenty (20) days and show cause why the petition for writ of certiorari should not be granted. Petitioner may file a reply within ten (10) days of service of the response.
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|
Docket Date |
2021-08-17
|
Type |
Order
|
Subtype |
Order Striking Filing
|
Description |
Order Striking Appendix - Non-Compliance With R. 9.220 ~ ORDERED that petitioner's appendix to the amended petition 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 contains bookmarks which are not in compliance with Rule 9.220(c)(3). An amended appendix in compliance with Rule 9.220(c) shall be filed within two (2) days from the date of this order.
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|
Docket Date |
2021-08-17
|
Type |
Record
|
Subtype |
Appendix to Petition
|
Description |
Appendix to Petition
|
On Behalf Of |
HDZ Builders, Inc.
|
|
Docket Date |
2021-08-13
|
Type |
Misc. Events
|
Subtype |
Fee Status
|
Description |
FP:Fee Paid Through Portal
|
|
Docket Date |
2021-08-13
|
Type |
Record
|
Subtype |
Appendix to Petition
|
Description |
Appendix to Petition ~ ***STRICKEN 8/17/21***
|
On Behalf Of |
HDZ Builders, Inc.
|
|
Docket Date |
2021-08-13
|
Type |
Petition
|
Subtype |
Petition Certiorari
|
Description |
Petition for Certiorari Filed ~ *FILING FEE PAID ELECTRONICALLY
|
On Behalf Of |
HDZ Builders, Inc.
|
|
Docket Date |
2021-08-13
|
Type |
Order
|
Subtype |
Order Striking Filing
|
Description |
Order Striking Appendix - Non-Compliance With R. 9.220 ~ ORDERED that petitioner's appendix to the petition for writ of certiorari 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, was not paginated so that the page numbers displayed by the PDF reader exactly match the pagination of the index, and contained no bookmarks as required by Rule 9.220(c)(3). An amended appendix in compliance with Rule 9.220(c) shall be filed within two (2) days from the date of this order.
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|
Docket Date |
2021-08-13
|
Type |
Letter
|
Subtype |
Acknowledgment Letter
|
Description |
Writ of Certiorari / Acknowledgment letter
|
|