| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County
502018CA005401
|
Parties
| Name |
All Phase Roofing and Construstion
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
TILE PRO OF WEST PALM BEACH INC.
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Daniel A. Miller, Jonathan S. Glickman
|
|
| Name |
SOUTH FLORIDA ROOFING INC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
ALL PHASE ROOFING, INC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Jana Boatright
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
James Boatright
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Adrian Jose Alvarez
|
|
| Name |
Cindy Cartwright
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Hon. Jaimie Goodman
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Palm Beach
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2022-09-06
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Judge
|
|
| Docket Date |
2022-09-06
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
ORD-Sua Sponte Dismissed for Lack of Jurisdiction ~ ORDERED that, upon consideration of appellant’s August 12, 2022, jurisdictional brief and appellee’s August 22, 2022, response, this appeal is dismissed for lack of jurisdiction. See S.L.T. Warehouse Co. v. Webb, 304 So. 2d 97, 99 (Fla.1974) (“[P]iecemeal appeals will not be permitted where claims are interrelated and involve the same transaction and the same parties remain in the suit”); see also Jensen v. Whetstine, 985 So. 2d 1218, 1220 (Fla. 1st DCA 2008).MAY, DAMOORGIAN and ARTAU, JJ., concur.
|
|
| Docket Date |
2022-08-22
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ TO JURISDICTIONAL BRIEF
|
| On Behalf Of |
James Boatright
|
|
| Docket Date |
2022-08-12
|
| Type |
Brief
|
| Subtype |
Jurisdictional Brief
|
| Description |
Jurisdictional Brief
|
| On Behalf Of |
Tile Pro of West Palm Beach, Inc.
|
|
| Docket Date |
2022-08-02
|
| 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 June 28, 2022 order is an appealable final or nonfinal order, as it appears appellee James Boatright has a counterclaim pending in the trial court. See Fla. R. App. P. 9.110(k); Mantabs, LLC v. Happy Fiddler Ass'n, 279 So. 3d 661 (Fla. 2d DCA 2019) (dismissing an appeal as premature because an interrelated counterclaim remained pending). Further,Appellees may file a response within ten (10) days of service of that statement.
|
|
| Docket Date |
2022-07-27
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid Through Portal
|
| On Behalf Of |
Tile Pro of West Palm Beach, Inc.
|
|
| Docket Date |
2022-07-26
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2022-07-26
|
| 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 |
2022-07-25
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
Tile Pro of West Palm Beach, Inc.
|
|
| Docket Date |
2022-07-25
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
|
