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CARLOS HERNANDEZ and INDIRA HERNANDEZ, Appellant(s) v. CSC SERVICEWORKS, INC., et al., Appellee(s).
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4D2023-1316
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2023-05-30
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Closed
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
CACE21-012458
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Parties
| Name |
Indira Hernandez
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
CARLOS HERNANDEZ, LLC
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Philip D. Parrish, Phillip J. Mitchell, Leonard D. Blumenthal
|
|
| Name |
CSC SERVICEWORKS, INC.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Jason R. Scott, Jennifer A. McLoone
|
|
| Name |
ICON OWNER POOL 5 SOUTH FL, LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
CUSHMAN & WAKEFIELD U.S., INC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Link Industrial Management LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Hon. Shari Africk-Olefson
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Broward
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2024-11-15
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
| View |
View File
|
|
| Docket Date |
2024-11-15
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2024-10-24
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed
|
| View |
View File
|
|
| Docket Date |
2024-08-09
|
| 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.
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| View |
View File
|
|
| Docket Date |
2024-05-10
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| Type |
Response
|
| Subtype |
Response
|
| Description |
Opposition to Appellees' Motion for Appellate Attorneys' Fees
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| On Behalf Of |
Carlos Hernandez
|
|
| Docket Date |
2024-05-09
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Appellees' Opposition to Plaintiffs/Appellants' Motion for Appellate Attorneys' Fees
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| On Behalf Of |
CSC Serviceworks, Inc.
|
|
| Docket Date |
2024-04-29
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
|
|
| Docket Date |
2024-04-23
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
|
|
| Docket Date |
2024-04-23
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Reply Brief
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| On Behalf Of |
Carlos Hernandez
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| View |
View File
|
|
| Docket Date |
2024-04-23
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| Type |
Motions Relating to Oral Argument
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| Subtype |
Motion/Request for Oral Argument
|
| Description |
Motion/Request for Oral Argument
|
|
| Docket Date |
2024-03-28
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| Type |
Brief
|
| Subtype |
Answer Brief
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| Description |
Answer Brief of Appellees
|
| On Behalf Of |
CSC Serviceworks, Inc.
|
| View |
View File
|
|
| Docket Date |
2024-03-13
|
| 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 |
2023-12-14
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
90 Days to 03/18/2024
|
|
| Docket Date |
2023-12-14
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
| Description |
Notice of Agreed Extension of Time - Answer Brief
|
| On Behalf Of |
CSC Serviceworks, Inc.
|
|
| Docket Date |
2023-11-16
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| Type |
Brief
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| Subtype |
Initial Brief
|
| Description |
Initial Brief
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| On Behalf Of |
Carlos Hernandez
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| View |
View File
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|
| Docket Date |
2023-11-16
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| Type |
Record
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| Subtype |
Supplemental Record
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| Description |
Supplemental Record
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| On Behalf Of |
Carlos Hernandez
|
|
| Docket Date |
2023-11-16
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| Type |
Order
|
| Subtype |
Order on Motion to Supplement Record
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| Description |
ORDERED that Appellants' November 15, 2023 motion to supplement the record is granted, and the record is supplemented to include the March 20, 2023 hearing transcript. Said supplemental record is deemed filed as of the date of this order.
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| View |
View File
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| Docket Date |
2023-11-15
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| Type |
Motions Relating to Records
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| Subtype |
Motion to Supplement Record
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| Description |
Motion to Supplement Record
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|
| Docket Date |
2023-11-01
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| Type |
Motions Extensions
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| Subtype |
Motion for Extension of Time to Serve Initial Brief
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| Description |
Motion for Extension of Time to Serve Initial Brief
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|
| Docket Date |
2023-08-31
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| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Initial Brief
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| Description |
Notice of Agreed Extension - Initial Brief
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| On Behalf Of |
Carlos Hernandez
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|
| Docket Date |
2023-08-31
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| Type |
Order
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| Subtype |
Order on Agreed Extension of Time
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| Description |
Recognizing Agreed Extension of Time ~ 60 DAYS TO 11/6/23
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|
| Docket Date |
2023-08-02
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| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
| Description |
Notice of Agreed Extension - Initial Brief
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| On Behalf Of |
Carlos Hernandez
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|
| Docket Date |
2023-08-02
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| Type |
Order
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| Subtype |
Order on Agreed Extension of Time
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| Description |
Recognizing Agreed Extension of Time ~ 30 DAYS TO 09/07/2023
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|
| Docket Date |
2023-08-01
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| Type |
Notice
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| Subtype |
Notice of Agreed Extension of Time - Initial Brief
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| Description |
Notice of Agreed Extension - Initial Brief ~ **STRICKEN**
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| On Behalf Of |
Carlos Hernandez
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| Docket Date |
2023-07-13
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| Type |
Record
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| Subtype |
Record on Appeal Confidential
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| Description |
Confidential Records ~ 97 PAGES (PAGES 2,214 to 2,294)
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| On Behalf Of |
Clerk - Broward
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| Docket Date |
2023-07-13
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| Type |
Notice
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| Subtype |
Notice of Appearance
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| Description |
Notice of Appearance
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| On Behalf Of |
Carlos Hernandez
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|
| Docket Date |
2023-05-31
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| Type |
Letter
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| Subtype |
Acknowledgment Letter
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| Description |
Acknowledgment Letter
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|
| Docket Date |
2023-05-31
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| Type |
Misc. Events
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| Subtype |
Case Filing Fee Paid through Portal
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| Description |
Case Filing Fee Paid Through Portal
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| On Behalf Of |
Carlos Hernandez
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| Docket Date |
2023-05-30
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| Type |
Misc. Events
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| Subtype |
Fee Status
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| Description |
FP:Fee Paid Through Portal
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|
| Docket Date |
2023-05-30
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| Type |
Notice
|
| Subtype |
Notice of Appeal
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| Description |
Notice of Appeal Filed
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| On Behalf Of |
Carlos Hernandez
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| Docket Date |
2024-11-06
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| Type |
Order
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| Subtype |
Order on Motion For Attorney's Fees
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| Description |
ORDERED that Appellees Icon Owner Pool 5 South FL, LLC; Link Industrial Management LLC; and Cushman & Wakefield U.S., Inc.'s April 29, 2024 motion for appellate attorney's fees is granted conditioned on the trial court determining that Appellees are entitled to fees under section 768.79, Florida Statutes (2024), 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. Further,
ORDERED that Appellants' April 23, 2024 motion for conditional award of attorney's fees is denied.
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| View |
View File
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| Docket Date |
2024-03-14
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| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
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| Description |
ORDERED that Appellees' March 13, 2024 motion for extension of time is granted, and Appellees shall serve the answer brief on or before March 28, 2024. In addition, Appellees are notified that the failure to serve the brief within the time provided herein will foreclose Appellees' right to file a brief or otherwise participate in this appeal, or the court in its discretion may impose other sanctions. Appellees are advised that no further extensions will be granted absent a detailed explanation for why the answer 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.
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| View |
View File
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| Docket Date |
2023-11-02
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| Type |
Order
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| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
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| Description |
ORDERED that Appellants' November 1, 2023 motion for extension of time is granted in part, and Appellants shall serve the initial brief within ten (10) days from the current due date. 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. Appellants are 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.
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| View |
View File
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| Docket Date |
2023-05-31
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| Type |
Order
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| Subtype |
Order on Filing Fee
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| 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.
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CSC SERVICEWORKS, INC. VS BOCA BAYOU CONDOMINIUM ASSOCIATION, INC.
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4D2020-1820
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2020-08-17
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Closed
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|
| Classification |
NOA Final - Circuit Civil - Other
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| Court |
4th District Court of Appeal
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| Originating Court |
Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County
502016CA011456
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Parties
| Name |
CSC SERVICEWORKS, INC.
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| Role |
Appellant
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| Status |
Active
|
| Representations |
David P. Reiner, I I
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|
| Name |
BOCA BAYOU CONDOMINIUM ASSOCIATION, INC.
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| Role |
Appellee
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| Status |
Active
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| Representations |
Kenneth E. Zeilberger, Rodney W. Bryson
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|
| Name |
Hon. Scott Ryan Kerner
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| Role |
Judge/Judicial Officer
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| Status |
Active
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|
| Name |
Clerk - Palm Beach
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| Role |
Lower Tribunal Clerk
|
| Status |
Active
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Docket Entries
| Docket Date |
2020-10-26
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| Type |
Disposition by Order
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| Subtype |
Dismissed
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| Description |
ORD-Sua Sponte Dismissed for Lack of Jurisdiction ~ ORDERED that, upon consideration of appellant’s August 28, 2020 jurisdictional brief, this appeal is dismissed for lack of jurisdiction. Further,ORDERED that appellant’s October 23, 2020 request for extension of time to file initial brief is determined to be moot.LEVINE C.J., WARNER and ARTAU, JJ., concur.
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| Docket Date |
2020-10-26
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| Type |
Disposition
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| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Judge
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|
| Docket Date |
2020-10-23
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| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Initial Brief
|
| Description |
Mot. for Extension of time to file Initial Brief
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| On Behalf Of |
CSC Serviceworks, Inc.
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| Docket Date |
2020-10-06
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| Type |
Misc. Events
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| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid Through Portal
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| On Behalf Of |
CSC Serviceworks, Inc.
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|
| Docket Date |
2020-08-28
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| Type |
Brief
|
| Subtype |
Jurisdictional Brief
|
| Description |
Jurisdictional Brief
|
| On Behalf Of |
CSC Serviceworks, Inc.
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|
| Docket Date |
2020-08-28
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| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Brief
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| On Behalf Of |
CSC Serviceworks, Inc.
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| Docket Date |
2020-08-18
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| Type |
Order
|
| Subtype |
Order to File Response re Jurisdiction
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| 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 July 17, 2020 order is an appealable order in that it grants entitlement to attorney's fees and costs but does not determine an amount, see Ross v. Blank, 958 So. 2d 437, 441 (Fla. 4th DCA 2007); Winkelman v. Toll, 632 So. 2d 130 (Fla. 4th DCA 1994); furtherAppellee may file a response within ten (10) days of service of that statement.
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| Docket Date |
2020-08-18
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| Type |
Letter
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| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
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|
| Docket Date |
2020-08-17
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| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
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|
| Docket Date |
2020-08-17
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| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
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| On Behalf Of |
CSC Serviceworks, Inc.
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CSC SERVICEWORKS, INC. VS BOCA BAYOU CONDOMINIUM ASSOCIATION, INC.
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4D2019-3962
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2019-12-30
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Closed
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|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
4th District Court of Appeal
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| Originating Court |
Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County
502016CA011456
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Parties
| Name |
CSC SERVICEWORKS, INC.
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| Role |
Appellant
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| Status |
Active
|
| Representations |
Chelsea Silvia, David P. Reiner, I I
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|
| Name |
BOCA BAYOU CONDOMINIUM ASSOCIATION, INC.
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| Role |
Appellee
|
| Status |
Active
|
| Representations |
Kenneth E. Zeilberger
|
|
| Name |
Hon. Scott Ryan Kerner
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Palm Beach
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
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Docket Entries
| Docket Date |
2020-12-18
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| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
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|
| Docket Date |
2020-12-02
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| Type |
Order
|
| Subtype |
Order on Motion For Attorney's Fees
|
| Description |
Order Granting Attorney Fees-Unconditionally ~ ORDERED that appellee’s June 23, 2020 motion for attorney's fees is granted. On remand, the trial court shall set 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. Further,ORDERED that the motion for costs filed by Kenneth E. Zeilberger is denied without prejudice to seek costs in the trial court.
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| Docket Date |
2020-12-02
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| Type |
Disposition by Opinion
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| Subtype |
Affirmed
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| Description |
Affirmed - Authored Opinion
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|
| Docket Date |
2020-12-18
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| Type |
Mandate
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| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2020-08-07
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| Type |
Brief
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| Subtype |
Reply Brief
|
| Description |
Appellant's Reply Brief
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| On Behalf Of |
CSC Serviceworks, Inc.
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|
| Docket Date |
2020-08-07
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| Type |
Motions Relating to Attorney Fees/Costs
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| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
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| On Behalf Of |
CSC Serviceworks, Inc.
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|
| Docket Date |
2020-07-20
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| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Reply Brief
|
| Description |
Notice of Agreed Extension - Reply Brief
|
| On Behalf Of |
CSC Serviceworks, Inc.
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|
| Docket Date |
2020-07-20
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| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 15 DAYS TO 8/7/20.
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|
| Docket Date |
2020-06-23
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| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief
|
| On Behalf Of |
Boca Bayou Condominium Association, Inc.
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|
| Docket Date |
2020-06-23
|
| Type |
Motions Relating to Attorney Fees/Costs
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| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
|
| On Behalf Of |
Boca Bayou Condominium Association, Inc.
|
|
| Docket Date |
2020-06-02
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ TO 6/23/20.
|
|
| Docket Date |
2020-06-02
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
| Description |
Notice of Agreed Extension - Answer Brief
|
| On Behalf Of |
Boca Bayou Condominium Association, Inc.
|
|
| Docket Date |
2020-05-06
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| Type |
Order
|
| Subtype |
Order on Motion to Supplement Record & EOT/Toll Briefing
|
| Description |
Order Granting Motion to Supplement the Record ~ ORDERED that appellant's May 15, 2020 motion to supplement the record is granted. The proposed supplemental record is deemed filed.
|
|
| Docket Date |
2020-05-06
|
| Type |
Record
|
| Subtype |
Supplemental Record
|
| Description |
Supplemental Records
|
| On Behalf Of |
CSC Serviceworks, Inc.
|
|
| Docket Date |
2020-05-05
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
Stricken - No or Noncompliant Cert. of Service ~ ORDERED that appellant's May 4, 2020 initial brief is stricken as not in compliance with Florida Rule of Appellate Procedure 9.420(d) in that there is no certificate of service or the certificate of service does not comply in substance with the requirements of Florida Rule of Judicial Administration 2.516(f).
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|
| Docket Date |
2020-05-05
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion to Supplement Record
|
| Description |
Motion To File Supplemental Record ~ /CORRECT
|
| On Behalf Of |
CSC Serviceworks, Inc.
|
|
| Docket Date |
2020-05-05
|
| Type |
Brief
|
| Subtype |
Amended Initial Brief
|
| Description |
Amended Appellant's Initial Brief
|
| On Behalf Of |
CSC Serviceworks, Inc.
|
|
| Docket Date |
2020-05-04
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits ~ **STRICKEN**
|
| On Behalf Of |
CSC Serviceworks, Inc.
|
|
| Docket Date |
2020-04-17
|
| 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 |
CSC Serviceworks, Inc.
|
|
| Docket Date |
2020-04-17
|
| 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 April 17, 2020 motion for extension of time is granted, and appellant shall serve the initial brief on or before May 4, 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.
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| Docket Date |
2020-03-12
|
| 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 March 11, 2020 amended motion for extension of time is granted, and appellant shall serve the initial brief on or before April 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 |
2020-03-11
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Initial Brief
|
| Description |
Mot. for Extension of time to file Initial Brief ~ AMENDED.
|
| On Behalf Of |
CSC Serviceworks, Inc.
|
|
| Docket Date |
2020-03-11
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
Stricken - No or Noncompliant Cert. of Service ~ ORDERED that appellant's March 10, 2020 motion is stricken as not in compliance with Florida Rule of Appellate Procedure 9.420(d) in that there is no certificate of service or the certificate of service does not comply in substance with the requirements of Florida Rule of Judicial Administration 2.516(f).
|
|
| Docket Date |
2020-03-10
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Initial Brief
|
| Description |
Mot. for Extension of time to file Initial Brief ~ **STRICKEN**
|
| On Behalf Of |
CSC Serviceworks, Inc.
|
|
| Docket Date |
2020-02-12
|
| Type |
Record
|
| Subtype |
Transcript
|
| Description |
Transcript Received ~ 357 PAGES
|
| On Behalf Of |
Clerk - Palm Beach
|
|
| Docket Date |
2020-01-10
|
| Type |
Notice
|
| Subtype |
Notice of Filing
|
| Description |
Notice of Filing ~ FINAL JUDGMENT
|
| On Behalf Of |
CSC Serviceworks, Inc.
|
|
| Docket Date |
2020-01-02
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid Through Portal
|
| On Behalf Of |
CSC Serviceworks, Inc.
|
|
| Docket Date |
2019-12-31
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2019-12-31
|
| 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 |
2019-12-30
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2019-12-30
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
CSC Serviceworks, Inc.
|
|
|
|
RIO APARTMENTS, INC., VS CSC SERVICEWORKS, INC.,
|
3D2018-1488
|
2018-07-23
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
3rd District Court of Appeal
|
| Originating Court |
Circuit Court for the Eleventh Judicial Circuit, Miami-Dade County
16-23344
|
Parties
| Name |
RIO APARTMENTS, INC.
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
JOSE M. CHANFRAU, IV, Geoffrey B. Marks
|
|
| Name |
CSC SERVICEWORKS, INC.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
YANINA ZILBERMAN, Bernard L. Egozi, ISAAC S. LEW
|
|
| Name |
Hon. Miguel M. de la O
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Miami-Dade Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2018-07-23
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter ~ Acknowledgment of new case with attachments. **The $300 filing fee for an appeal is due.
|
|
| Docket Date |
2018-07-23
|
| Type |
Notice
|
| Subtype |
Notice of Appeal Transmittal Form
|
| Description |
Notice of Transmittal--NOA
|
| On Behalf Of |
RIO APARTMENTS, INC.
|
|
| Docket Date |
2020-01-24
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2020-01-24
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2020-01-08
|
| Type |
Order
|
| Subtype |
Order on Motion For Attorney's Fees
|
| Description |
Attorney Fees Granted (OG47) ~ Upon consideration of the appellee’s Motion for Attorneys’ Fees, it is ordered that said Motion is granted, and the matter is remanded to the trial court to fix the amount.
|
|
| Docket Date |
2020-01-08
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed - Per Curiam Affirmed
|
|
| Docket Date |
2019-09-27
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant's Reply Brief
|
| On Behalf Of |
RIO APARTMENTS, INC.
|
|
| Docket Date |
2019-09-27
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ APPELLANT'S RESPONSE TO MOTION FOR ATTORNEY'S FEES
|
| On Behalf Of |
RIO APARTMENTS, INC.
|
|
| Docket Date |
2019-09-20
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Reply Brief
|
| Description |
Extension granted to file reply brief NFE (OG05A) ~ Appellant’s unopposed motion for an extension of time to file the reply brief is granted to and including September 27, 2019, with no further extensions allowed.
|
|
| Docket Date |
2019-09-19
|
| 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 |
RIO APARTMENTS, INC.
|
|
| Docket Date |
2019-09-05
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Reply Brief
|
| Description |
Extension granted to file reply brief (OG05) ~ Appellant’s unopposed motion for an extension of time to file the reply brief is granted to and including September 20, 2019.
|
|
| Docket Date |
2019-08-14
|
| 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 |
RIO APARTMENTS, INC.
|
|
| Docket Date |
2019-07-17
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
|
| On Behalf Of |
CSC SERVICEWORKS, INC.
|
|
| Docket Date |
2019-07-17
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief
|
| On Behalf Of |
CSC SERVICEWORKS, INC.
|
|
| Docket Date |
2019-06-17
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ AB-30 days to 7/17/19
|
|
| Docket Date |
2019-06-17
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Notice of Agreed Extension of Time ~ NOTICE OF AGREED EXTENSION OF TIME
|
| On Behalf Of |
CSC SERVICEWORKS, INC.
|
|
| Docket Date |
2019-05-17
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Notice of Agreed Extension of Time ~ NOTICE OF AGREED EXTENSION OF TIME
|
| On Behalf Of |
CSC SERVICEWORKS, INC.
|
|
| Docket Date |
2019-05-17
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ AB-30 days to 6/17/19
|
|
| Docket Date |
2019-04-16
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Notice of Agreed Extension of Time ~ NOTICE OF AGREED EXTENSION OF TIME
|
| On Behalf Of |
CSC SERVICEWORKS, INC.
|
|
| Docket Date |
2019-04-16
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ AB-30 days to 5/17/19
|
|
| Docket Date |
2019-03-19
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ AB-19 days to 4/17/19
|
|
| Docket Date |
2019-03-18
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Notice of Agreed Extension of Time
|
| On Behalf Of |
CSC SERVICEWORKS, INC.
|
|
| Docket Date |
2019-02-27
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
RIO APARTMENTS, INC.
|
|
| Docket Date |
2019-01-29
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
Ext-gr initial brief no further extensions (OG03B) ~ Appellant’s motion for an extension of time to file the initial brief is granted to and including February 27, 2019, with no further extensions allowed. If said brief is not timely filed in accordance with this order, the appeal will be subject to dismissal.
|
|
| Docket Date |
2019-01-25
|
| 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 |
RIO APARTMENTS, INC.
|
|
| Docket Date |
2018-12-19
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Notice of Agreed Extension of Time
|
| On Behalf Of |
RIO APARTMENTS, INC.
|
|
| Docket Date |
2018-12-19
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ IB-30 days to 1/28/19
|
|
| Docket Date |
2018-11-09
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ IB-45 days to 12/28/18
|
|
| Docket Date |
2018-11-08
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Notice of Agreed Extension of Time
|
| On Behalf Of |
RIO APARTMENTS, INC.
|
|
| Docket Date |
2018-10-04
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Record on Appeal
|
|
| Docket Date |
2018-09-25
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Notice of Agreed Extension of Time
|
| On Behalf Of |
RIO APARTMENTS, INC.
|
|
| Docket Date |
2018-09-25
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ IB-45 days to 11/12/18
|
|
| Docket Date |
2018-09-20
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
RIO APARTMENTS, INC.
|
|
| Docket Date |
2018-07-30
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
Order to pay filing fee-civil w/atty (OR14B) ~ This is to notify counsel for appellant that the filing and prosecution of a notice of appeal in this Court is not acceptable without compliance with the Florida Rules of Appellate Procedure. Therefore, this appeal will be dismissed unless the required three hundred ($300.00) dollar fee is paid to the Clerk of the Court on or before August 9, 2018.
|
|
| Docket Date |
2018-07-23
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
|
|
CSC SERVICEWORKS, INC. VS HAWAIIAN PALMS, LLC
|
4D2017-2556
|
2017-08-11
|
Closed
|
|
| Classification |
Original Proceedings - Circuit Civil - Certiorari
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
16-2773 CACE (AP)
|
Parties
| Name |
CSC SERVICEWORKS, INC.
|
| Role |
Petitioner
|
| Status |
Active
|
| Representations |
David P. Reiner, I I
|
|
| Name |
HAWAIIAN PALMS, LLC
|
| Role |
Respondent
|
| Status |
Active
|
| Representations |
AINSLEE R. FERDIE
|
|
| Name |
Hon. John J. Murphy , III
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Broward
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2017-10-27
|
| Type |
Order
|
| Subtype |
Order on Motion For Attorney's Fees
|
| Description |
Deny Attorney's Fees ~ ORDERED that respondent’s October 24, 2017 motion for attorney’s fees and costs is denied as untimely. See Fla. R. App. P. 9.400(b)(2); Geico General Ins. Co. v. Moultrop, 190 So. 3d 124 (Fla. 4th DCA 2015).
|
|
| Docket Date |
2017-10-24
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
|
| On Behalf Of |
HAWAIIAN PALMS, LLC
|
|
| Docket Date |
2017-09-28
|
| Type |
Disposition by Order
|
| Subtype |
Denied
|
| Description |
Order Denying Petition for Writ - Certiorari ~ ORDERED that the August 11, 2017 petition for writ of certiorari is denied.MAY, CONNER and KLINGENSMITH, JJ., concur.
|
|
| Docket Date |
2017-09-28
|
| Type |
Disposition
|
| Subtype |
Denied
|
| Description |
Denied - Order by Judge
|
|
| Docket Date |
2017-08-29
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix ~ SUPPLEMENTAL.
|
| On Behalf Of |
CSC Serviceworks, Inc.
|
|
| Docket Date |
2017-08-23
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Miscellaneous Order ~ ORDERED that within ten (10) days of this order petitioner shall file a supplemental appendix containing a copy of all briefs and appendices filed in the appeal to the circuit court.
|
|
| Docket Date |
2017-08-18
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
HAWAIIAN PALMS, LLC
|
|
| Docket Date |
2017-08-14
|
| Type |
Record
|
| Subtype |
Appendix to Petition
|
| Description |
Appendix to Petition
|
|
| Docket Date |
2017-08-14
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
ORD-Pay Filing Fee-Original Proceeding ~ The $300.00 filing fee or affidavit of indigency in conformance with sections 57.081 and 57.085, Florida Statutes, did not accompany the petition as required in Florida Rule of Appellate Procedure 9.100(b). The filing fee is due and payable at the time of filing REGARDLESS OF WHETHER THE PETITION IS SUBSEQUENTLY VOLUNTARILY DISMISSED OR ADVERSELY DISMISSED.ORDERED sua sponte that the $300.00 filing fee or affidavit of indigency in conformance with section 57.081 and 57.085, Florida Statutes, must be filed in this Court within ten (10) days from the date of the entry of this order. 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 petition has a duty to tender the filing fee to the appellate court when the petition 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: 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 this filing fee is paid or until an affidavit of indigency is filed and indigency status is granted.
|
|
| Docket Date |
2017-08-14
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Writ of Certiorari / Acknowledgment letter
|
|
| Docket Date |
2017-08-14
|
| Type |
Petition
|
| Subtype |
Petition Certiorari
|
| Description |
Petition for Certiorari Filed ~ INCLUDES CERTIFICATE OF SERVICE
|
|
| Docket Date |
2017-08-11
|
| Type |
Petition
|
| Subtype |
Petition Certiorari
|
| Description |
Petition for Certiorari Filed
|
| On Behalf Of |
CSC Serviceworks, Inc.
|
|
| Docket Date |
2017-08-11
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
|
|
CSC SERVICEWORKS, INC. VS BOCA BAYOU CONDO ASSOC., etc., and COMMERCIAL LAUNDRIES INC.
|
4D2017-0974
|
2017-04-03
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County
2016-CA-011456 (AJ)
|
Parties
| Name |
CSC SERVICEWORKS, INC.
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Chelsea Silvia, MONICA TIRADO, David P. Reiner, I I
|
|
| Name |
COMMERCIAL LAUNDRIES, INC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
BOCA BAYOU CONDOMINIUM ASSOCIATION, INC.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Lilliana M. Farinas-Sabogal, Howard Perl, Keith F Backer, Rodney W. Bryson
|
|
| Name |
HON. DAVID E. FRENCH
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Palm Beach
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2017-08-31
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix ~ TO MOTION TO ACCEPT BRIEF AS TIMELY FILED.
|
| On Behalf Of |
Boca Bayou Condominium Association, Inc.
|
|
| Docket Date |
2017-08-31
|
| Type |
Motions Relating to Briefs
|
| Subtype |
Motion to Accept Brief as Timely
|
| Description |
Motion To Accept Timely Brief ~ TO ACCEPT ANSWER BRIEF TIMELY FILED OR IN THE ALTERNATIVE FOR A ONE DAY EXTENSION OF TIME.
|
| On Behalf Of |
Boca Bayou Condominium Association, Inc.
|
|
| Docket Date |
2018-04-27
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2018-04-27
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2018-04-06
|
| Type |
Order
|
| Subtype |
Order on Motion for Rehearing
|
| Description |
ORD-Denying Rehearing ~ ORDERED that the appellant's March 22, 2018 motion for rehearing is denied.
|
|
| Docket Date |
2018-04-02
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response
|
| On Behalf Of |
Boca Bayou Condominium Association, Inc.
|
|
| Docket Date |
2018-03-22
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion for Rehearing
|
| Description |
Motion For Rehearing
|
| On Behalf Of |
CSC Serviceworks, Inc.
|
|
| Docket Date |
2018-03-07
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed - Authored Opinion
|
|
| Docket Date |
2017-10-09
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant's Reply Brief ~ (COMMERCIAL LAUNDRIES, INC.)
|
| On Behalf Of |
CSC Serviceworks, Inc.
|
|
| Docket Date |
2017-09-29
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Reply Brief
|
| Description |
Notice of Agreed Extension - Reply Brief ~ 10 DAYS TO 10/10/17.
|
| On Behalf Of |
CSC Serviceworks, Inc.
|
|
| Docket Date |
2017-09-19
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Reply Brief
|
| Description |
Notice of Agreed Extension - Reply Brief ~ 10 DAYS TO 9/29/17
|
| On Behalf Of |
CSC Serviceworks, Inc.
|
|
| Docket Date |
2017-09-01
|
| Type |
Order
|
| Subtype |
Order on Motion to Accept Brief as Timely
|
| Description |
Grant to Accept Brief Filed as Timely ~ ORDERED that the appellee's August 31, 2017 unopposed motion to accept answer brief as timely filed is granted. The brief is deemed timely filed as of August 31, 2017.
|
|
| Docket Date |
2017-08-31
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief ~ *DEEMED TIMELY FILED* (BOCA BAYOU CONDOMINIUM ASSOC., INC.)
|
| On Behalf Of |
Boca Bayou Condominium Association, Inc.
|
|
| Docket Date |
2017-08-30
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief
|
| On Behalf Of |
Boca Bayou Condominium Association, Inc.
|
|
| Docket Date |
2017-08-02
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
| Description |
Order Granting EOT for Answer Brief ~ ORDERED that appellee Commercial Laundries, Inc.'s July 18, 2017 second motion for extension of time to file answer brief is granted, and appellant shall file the answer brief on or before August 30, 2017. 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 |
2017-07-26
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
| Description |
Order Granting EOT for Answer Brief ~ ORDERED that appellee Boca Bayo Condo Assoc.'s July 14, 2017 second motion for extension of time to file a response is granted, and appellant shall file the answer brief on or before August 30, 2017. 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 |
2017-07-18
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Answer Brief
|
| Description |
Mot. for Extension of time to file Answer Brief ~ (COMMERCIAL LAUNDRIES)
|
| On Behalf Of |
Boca Bayou Condominium Association, Inc.
|
|
| Docket Date |
2017-07-14
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Answer Brief
|
| Description |
Mot. for Extension of time to file Answer Brief ~ (BOCA BAYOU CONDOMINIUM ASSOC.)
|
| On Behalf Of |
Boca Bayou Condominium Association, Inc.
|
|
| Docket Date |
2017-07-11
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ (447 PAGES)
|
|
| Docket Date |
2017-06-30
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Boca Bayou Condominium Association, Inc.
|
|
| Docket Date |
2017-06-21
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
| Description |
Notice of Agreed Extension - Answer Brief ~ 30 DAYS TO 7/31/17. (BOCA BAYOU CONDO ASSO. INC.)
|
| On Behalf Of |
Boca Bayou Condominium Association, Inc.
|
|
| Docket Date |
2017-06-06
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
CSC Serviceworks, Inc.
|
|
| Docket Date |
2017-06-06
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Brief
|
| On Behalf Of |
CSC Serviceworks, Inc.
|
|
| Docket Date |
2017-05-18
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
ORD-Stricken as Unauthorized ~ ORDERED sua sponte that the appellee's May 16, 2017 notice of unavailability is stricken as unauthorized.
|
|
| Docket Date |
2017-05-16
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice ~ **STRICKEN** OF UNAVAILABILTY.
|
| On Behalf Of |
Boca Bayou Condominium Association, Inc.
|
|
| Docket Date |
2017-04-07
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Boca Bayou Condominium Association, Inc.
|
|
| Docket Date |
2017-04-04
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2017-04-04
|
| 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. 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 |
2017-04-03
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
CSC Serviceworks, Inc.
|
|
| Docket Date |
2017-04-03
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
|
|
MENADA INC., and COMMERCIAL LAUNDRIES, INC., VS CSC SERVICEWORKS, INC., etc.,
|
3D2017-0279
|
2017-02-08
|
Closed
|
|
| Classification |
NOA Non Final - Circuit Civil - Other
|
| Court |
3rd District Court of Appeal
|
| Originating Court |
Circuit Court for the Eleventh Judicial Circuit, Miami-Dade County
16-32165
|
Parties
| Name |
COMMERCIAL LAUNDRIES, INC.
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
CSC SERVICEWORKS, INC.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
David P. Reiner, II, MONICA TIRADO
|
|
| Name |
MENADA, INC.
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Geoffrey B. Marks, JOSE M. CHANFRAU, IV, STUART A. LONES, AINSLEE R. FERDIE
|
|
| Name |
Hon. Jorge E. Cueto
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Miami-Dade Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2017-02-08
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter ~ Acknowledgment of new case with attachments. **The $300 filing fee for an appeal is due.
|
|
| Docket Date |
2017-02-08
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix
|
| On Behalf Of |
MENADA, INC.
|
|
| Docket Date |
2017-06-05
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2017-05-18
|
| Type |
Order
|
| Subtype |
Order on Motion for Rehearing and Rehearing En Banc
|
| Description |
Rehearing & Rehearing en banc denied (OD57A) ~ Upon consideration, Commercial Laudries, Inc.¿s motions for rehearing, clarification and certification are hereby denied. ROTHENBERG, LAGOA and SALTER, JJ., concur. Commercial Laudries, Inc.¿s motion for rehearing en banc is denied.
|
|
| Docket Date |
2017-05-11
|
| Type |
Order
|
| Subtype |
Order on Motion For Clarification
|
| Description |
Clarification denied (OD57D) ~ CSC Serviceworks, Inc. has not sought attorney¿s fees against Commercial Laundries. Thus no clarification is necessary. Commercial Laundries, Inc.'s motion for clarification is denied. ROTHENBERG, LAGOA and SALTER, JJ., concur.
|
|
| Docket Date |
2017-05-09
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ to motion for clarification
|
| On Behalf Of |
CSC SERVICEWORKS, INC.
|
|
| Docket Date |
2017-05-04
|
| Type |
Order
|
| Subtype |
Order to File Response
|
| Description |
Order Response: Motion (OR23) ~ CSC Serviceworks, Inc. is ordered to file a response within ten (10) days of the date of this order to the motion for clarification and amendment.
|
|
| Docket Date |
2017-05-03
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion for Rehearing
|
| Description |
Motion for Rehearing / Rehearing En Banc ~ and clarification
|
| On Behalf Of |
MENADA, INC.
|
|
| Docket Date |
2017-04-21
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion For Clarification
|
| Description |
Motion For Clarification ~ and amendment
|
| On Behalf Of |
MENADA, INC.
|
|
| Docket Date |
2017-04-19
|
| Type |
Order
|
| Subtype |
Order on Motion For Attorney's Fees
|
| Description |
Attorney Fees Granted (OG47) ~ Upon consideration of appellee CSC Serviceworks, Inc.'s motion for attorney's fees, it is ordered that said motion is granted and remanded to the trial court to fix amount. Menada Inc. and Commercial Laundries, Inc.'s motions for attorney's fees are hereby denied.
|
|
| Docket Date |
2017-04-19
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed - Per Curiam Affirmed
|
|
| Docket Date |
2017-03-28
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief ~ to Commercial Laundries, Inc.'s brief
|
| On Behalf Of |
CSC SERVICEWORKS, INC.
|
|
| Docket Date |
2017-03-21
|
| Type |
Order
|
| Subtype |
Order Vacating/Withdrawing Order
|
| Description |
Order Vacated (OR29) ~ This Court¿s Notice of Oral Argument dated March 20, 2017, having been inadvertently entered, is hereby vacated.
|
|
| Docket Date |
2017-03-20
|
| Type |
Notice
|
| Subtype |
Notice of Oral Argument
|
| Description |
Notice of Oral Argument ~ VACATED
|
|
| Docket Date |
2017-03-14
|
| Type |
Response
|
| Subtype |
Reply
|
| Description |
REPLY ~ to the response
|
| On Behalf Of |
MENADA, INC.
|
|
| Docket Date |
2017-02-28
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix
|
| On Behalf Of |
CSC SERVICEWORKS, INC.
|
|
| Docket Date |
2017-03-13
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant's Reply Brief
|
| On Behalf Of |
MENADA, INC.
|
|
| Docket Date |
2017-03-10
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ to motion for attorney's fees
|
| On Behalf Of |
MENADA, INC.
|
|
| Docket Date |
2017-03-10
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
|
| On Behalf Of |
MENADA, INC.
|
|
| Docket Date |
2017-03-07
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
|
| On Behalf Of |
MENADA, INC.
|
|
| Docket Date |
2017-03-07
|
| Type |
Motions Other
|
| Subtype |
Motion To Strike
|
| Description |
Motion To Strike ~ the answer brief, appendix, and motion for attorney's fees
|
| On Behalf Of |
CSC SERVICEWORKS, INC.
|
|
| Docket Date |
2017-02-14
|
| Type |
Order
|
| Subtype |
Order on Motion to Stay
|
| Description |
Stay Denied (OD26) ~ Following review of the responses, the temporary stay entered on February 9, 2017 is hereby vacated. Appellant¿s motion for review of order denying stay pending review is denied. WELLS, ROTHENBERG and LAGOA, JJ., concur.
|
|
| Docket Date |
2017-03-07
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix
|
| On Behalf Of |
MENADA, INC.
|
|
| Docket Date |
2017-03-07
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ to motion to realign commercial laundries, inc.
|
| On Behalf Of |
CSC SERVICEWORKS, INC.
|
|
| Docket Date |
2017-03-07
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief ~ of Commercial Laundries, Inc.
|
| On Behalf Of |
MENADA, INC.
|
|
| Docket Date |
2017-03-07
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion/Request for Oral Argument
|
| Description |
Request for Oral Argument
|
| On Behalf Of |
MENADA, INC.
|
|
| Docket Date |
2017-02-28
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief ~ of CSC Serviceworks, Inc.
|
| On Behalf Of |
CSC SERVICEWORKS, INC.
|
|
| Docket Date |
2017-02-28
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
|
| On Behalf Of |
CSC SERVICEWORKS, INC.
|
|
| Docket Date |
2017-02-13
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ to motion to stay
|
| On Behalf Of |
MENADA, INC.
|
|
| Docket Date |
2017-02-13
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
CSC SERVICEWORKS, INC.
|
|
| Docket Date |
2017-02-09
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
MISCELLANEOUS ORDER (OR999) ~ Upon consideration of appellant¿s motion for review of order denying stay pending review, the lower court¿s January 19, 2017 and January 20, 2017 orders and the writ of possession are temporarily stayed pending further order of this Court. Appellees are ordered to file a response to the motion to stay within ten (10) days from the date of this order.
|
|
| Docket Date |
2017-02-08
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
MENADA, INC.
|
|
| Docket Date |
2017-02-08
|
| Type |
Notice
|
| Subtype |
Notice of Appeal Transmittal Form
|
| Description |
Notice of Transmittal--NOA
|
| On Behalf Of |
MENADA, INC.
|
|
| Docket Date |
2017-02-08
|
| Type |
Motions Other
|
| Subtype |
Motion To Stay
|
| Description |
Motion To Stay
|
| On Behalf Of |
MENADA, INC.
|
|
| Docket Date |
2017-02-08
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
| Docket Date |
2017-03-17
|
| Type |
Motions Other
|
| Subtype |
Motion To Strike
|
| Description |
Motion to Strike Denied (OD30) ~ Upon consideration, appellee CSC Serviceworks, Inc.¿s motion to strike Commercial Laundries, Inc.¿ answer brief, appendix and motion for attorney¿s fees is denied. See Miller Galleries, Inc. v. Miller, 349 So. 2d 170 (Fla. 1977). Commercial Laundries, Inc.¿ motion for realignment as an appellant is granted. Commercial Laundries, Inc. shall file the requisite filing fees with the Clerk of this Court within five (5) days of this order. In consideration of CSC Serviceworks, Inc.¿s motion to strike Commercial Laundries, Inc.¿ request for oral argument, and after review of the briefs, this appeal will be decided without oral argument. Base on this Court¿s rulings, CSC Serviceworks, Inc. may file either an amended answer brief or an additional answer brief to address Commercial Laundries, Inc.¿ brief. WELLS, ROTHENBERG and LAGOA, JJ., concur.
|
|
|
