| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County
502019CA007385
|
Parties
| Name |
COURTYARD GARDENS OF BOYNTON BEACH, LLC
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Brandon Cole Szymula
|
|
| Name |
SEAHAWK CONSTRUCTION, INC.
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
BUCHANAN P.E. CONSULTING, INC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Hon. Gerard Joseph Curley Jr.
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Palm Beach Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
| Name |
ADVANCED FIRE SPRINKLERS, LLC
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Brian Patrick Kirwin, Andrew Jonathan Pekoe, Bradley Ryan Weiss
|
|
Docket Entries
| Docket Date |
2024-10-28
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
| View |
View File
|
|
| Docket Date |
2024-10-28
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal
|
|
| Docket Date |
2024-11-04
|
| Type |
Miscellaneous Document
|
| Subtype |
Pay Case Filing Fee-300
|
| Description |
Pay Case Filing Fee-300
|
| On Behalf Of |
Courtyard Gardens of Boynton Beach, LLC
|
| View |
View File
|
|
| Docket Date |
2024-11-02
|
| Type |
Miscellaneous Document
|
| Subtype |
Pay Case Filing Fee-300
|
| Description |
Pay Case Filing Fee-300
|
| On Behalf Of |
Courtyard Gardens of Boynton Beach, LLC
|
| View |
View File
|
|
| Docket Date |
2024-12-03
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Record on Appeal; Pages 1-961
|
| On Behalf Of |
Palm Beach Clerk
|
|
| Docket Date |
2024-11-04
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
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 (2024), 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.
|
| View |
View File
|
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County
502019CA004050
|
Parties
| Name |
METZKER, LLC
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Shane Farnsworth
|
|
| Name |
SEAHAWK CONSTRUCTION, INC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
COURTYARD GARDENS OF BOYNTON BEACH, LLC
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Kate E. Watson, Richard S. Cohen, Jason Cohen
|
|
| Name |
Hon. Howard Coates, Jr.
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Palm Beach
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2020-12-03
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
ORD-Sua Sponte Dismissed for Lack of Jurisdiction ~ Upon consideration of appellant’s October 23, 2020 jurisdictional brief and appellee’s November 2, 2020 response, it is ORDERED sua sponte that the above-styled appeal is dismissed for lack of jurisdiction, and appellant’s request to convert this appeal to a petition for writ of certiorari is denied. See Taddie Underground Utility Co., Inc. v. Sloan Pump Co., Inc., 497 So. 2d 701 (Fla. 2d DCA 1986) (noting that as the disposed of actions in the partial summary judgment and the remaining causes of action are interrelated, the court held that there was no appealable final judgment); Gov’t Employees Ins. Co. v. Arreola, 231 So. 3d 508, 510 (Fla. 2d DCA 2017) (converting an appeal into a petition for writ of certiorari because the partial summary judgment impermissibly authorized execution before the entry of a final judgment).LEVINE, C.J., MAY and ARTAU, JJ. concur.
|
|
| Docket Date |
2020-12-03
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Judge
|
|
| Docket Date |
2020-11-02
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ TO STATEMENT OF JURISDICTION
|
| On Behalf Of |
Courtyard Gardens of Boynton Beach, LLC
|
|
| Docket Date |
2020-11-02
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Courtyard Gardens of Boynton Beach, LLC
|
|
| Docket Date |
2020-10-23
|
| Type |
Brief
|
| Subtype |
Jurisdictional Brief
|
| Description |
Jurisdictional Brief
|
| On Behalf Of |
Metzker, LLC
|
|
| Docket Date |
2020-10-14
|
| Type |
Notice
|
| Subtype |
Amended Notice of Appeal
|
| Description |
Amended Notice of Appeal
|
| On Behalf Of |
Clerk - Palm Beach
|
|
| Docket Date |
2020-10-13
|
| Type |
Order
|
| Subtype |
Order to File Response re Jurisdiction
|
| Description |
AA - File Statement for Basis of Jurisdiction ~ ORDERED that within ten (10) days from the date of this order appellant shall file in this court a brief statement explaining the basis for this court's subject matter jurisdiction over the order appealed in this case, citing supporting legal authorities. Appellant shall specifically address how the "order granting defendant's, Courtyard of Boynton Beach, LLC, second motion for summary judgment" is an appealable order, as the order disposes of count I, but an order disposing of one count while others remain pending is not appealable if the counts are legally interrelated and in substance involve the same transaction. Mendez v. W. Flagler Family Ass'n, 303 So. 2d 1, 5 (Fla. 1974); Flinn v. Flinn, 68 So. 3d 424 (Fla. 4th DCA 2011); see also Taddie Underground Utility Co., Inc. v. Sloan Pump Co., Inc., 497 So. 2d 701 (Fla. 2d DCA 1986) (as the disposed of actions in the partial summary judgment and the remaining causes of action are interrelated, the court held that there was no appealable final judgment); furtherAppellees may file a response within ten (10) days of service of that statement.
|
|
| Docket Date |
2020-10-13
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid Through Portal
|
| On Behalf Of |
Metzker, LLC
|
|
| Docket Date |
2020-10-13
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2020-10-09
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
Metzker, LLC
|
|
| Docket Date |
2020-10-09
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
|
