| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
6th District Court of Appeal
|
| Originating Court |
Circuit Court for the Twentieth Judicial Circuit, Collier County
2016-CA-000757-0001-XX
|
Parties
| Name |
MCGARVEY CUSTOM HOMES, INC.
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
THAMIR A. R. KADDOURI, JR., ESQ., PENELOPE T. ROWLETT, ESQ.
|
|
| Name |
USA GRADING, INC.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
HINDA KLEIN, ESQ.
|
|
| Name |
SOUTH FLORIDA CONSTRUCTION INC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
SUNNYGROVE LANDSCAPE & IRRIGATION MAINTENANCE, LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
BONITA SPRINGS FLOOR COVERING, INC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
WILLIAM J. HUFF, II
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
WILLIAM J. HUFF
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
GLENN GUNSTEN, ESQ., CRISTOBAL CASALE, ESQ.
|
|
| Name |
FLUHARTY-MONROE CONSTRUCTION INC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
TRIMCRAFT OF FT. MYERS INC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
HANSEN SCREEN ENCLOSURES, INC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
6/8/11 WILLIAM J. HUFF, II REVOCABLE TRUST DECALARATION
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
D. PECK ROOFING, INC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
NICOLE E. HUFF
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
J & D HEATING & AIR CONDITIONING, INC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
ADLER ROOFING, INC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
6/8/11 NICOLE E. HUFF REVOCABLE TRUST AGREEMENT
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Collier Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
| Name |
AZTEC PLUMBING, INC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
HON. JOSEPH G. FOSTER
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2024-09-23
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Record - 10,703 pages
|
| On Behalf Of |
Collier Clerk
|
|
| Docket Date |
2024-09-30
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief
|
| On Behalf Of |
MCGARVEY CUSTOM HOMES, INC.
|
| View |
View File
|
|
| Docket Date |
2024-08-27
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
| Description |
30- IB DUE 09/30/2024
|
| On Behalf Of |
MCGARVEY CUSTOM HOMES, INC.
|
|
| Docket Date |
2024-06-20
|
| Type |
Order
|
| Subtype |
Order on Unsuccessful Mediation
|
| Description |
The above-referenced case has been noted as an unsuccessful mediation. Accordingly, the ten day time period for filing directions to the clerk and designations to the court reporter, the fifty-day time period for preparing the record and serving copies of the index, the sixty-day time period for filing the record on appeal, and the seventy-day time period for filing of Appellant's Initial Brief shall commence as of the date of this order.
|
| View |
View File
|
|
| Docket Date |
2024-04-08
|
| Type |
Mediation
|
| Subtype |
Notice of Mediation
|
| Description |
Notice of Mediation
|
| On Behalf Of |
MCGARVEY CUSTOM HOMES, INC.
|
|
| Docket Date |
2024-03-21
|
| Type |
Mediation
|
| Subtype |
Notice of Mediation
|
| Description |
Notice of Mediation ~ LOCATED IN IDCA CONFIDENTIAL
|
| On Behalf Of |
MCGARVEY CUSTOM HOMES, INC.
|
|
| Docket Date |
2024-03-15
|
| Type |
Order
|
| Subtype |
Order Appointing Mediator
|
| Description |
Misc. Mediation Order ~ The Court hereby appoints Terrence M. White, mediator number 1770 RA, as mediator in this matter. Mediation must be conducted in conformity with the Sixth District Court of Appeal’s administrative orders and rules regarding appellate mediation and the Florida Rules for Certified and Court-Appointed Mediators. The Mediation Report must be completed and filed within ten days from conclusion of mediation but not later than ten days subsequent to expiration of the 60-day mediation period approved by the Order of Referral to Mediation dated March 5, 2024.
|
|
| Docket Date |
2024-03-07
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ RESPONSE TO ORDER OF REFERRAL TO MEDIATION
|
| On Behalf Of |
MCGARVEY CUSTOM HOMES, INC.
|
|
| Docket Date |
2024-03-01
|
| Type |
Mediation
|
| Subtype |
Confidential Statement
|
| Description |
Confidential Statement ~ LOCATED IN IDCA CONFIDENTIAL
|
| On Behalf Of |
USA GRADING, INC.
|
|
| Docket Date |
2024-02-29
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
USA GRADING, INC.
|
|
| Docket Date |
2024-01-19
|
| Type |
Mediation
|
| Subtype |
Confidential Statement
|
| Description |
Confidential Statement ~ **LOCATED IN iDCA CONFIDENTIAL** (AA)
|
| On Behalf Of |
MCGARVEY CUSTOM HOMES, INC.
|
|
| Docket Date |
2024-01-09
|
| Type |
Mediation
|
| Subtype |
Notice of Case under Consideration for Mediation
|
| Description |
Case Under Consideration for Mediation Notice ~ This case is now under consideration for appellate mediation, and a decision will be made shortly whether to order mediation. An order will be issued advising you of that decision. If mediation is ordered, the time for preparing the record will not begin to run until the mediation process is complete.If you have questions regarding this Court’s appellate mediation program, you may view the Court's website, https://6dca.flcourts.gov/, under the "Mediation" tab for further information. If you have any questions regarding the Court’s mediation program, you may contact the mediation coordinator at (863) 940-6041.
|
|
| Docket Date |
2024-01-09
|
| Type |
Order
|
| Subtype |
Mediation Order to Counsel
|
| Description |
Initial Mediation Order ~ This case is being reviewed by the Court to determine whether it is appropriate for appellate mediation. Parties must visit the Court’s website, https://6dca.flcourts.gov, to find the Mediation Questions & Answers, Mediation Questionnaire, and Confidential Statement Regarding Appropriateness of Appellate Mediation that must be completed and filed with the Court.Within 10 days from the date of this order, the Mediation Questionnaire and the Confidential Statement Regarding Appropriateness of Appellate Mediation must be e-filed through the Statewide Florida Courts E Filing Portal. BE ADVISED THAT OPPOSING COUNSEL SHOULD NOT BE SERVED COPIES OF THE CONFIDENTIAL STATEMENT REGARDING APPROPRIATENESS OF APPELLATE MEDIATION. When filing the Confidential Statement through the Statewide Florida Courts E-Filing Portal, DO NOT CHECK “SERVE ALL.” FAILURE TO ENSURE ALL BOXES FOR E SERVICE ARE UNCHECKED WILL RESULT IN PARTIES BEING SERVED AND WAIVER OF CONFIDENTIALITY.
|
|
| Docket Date |
2024-01-04
|
| Type |
Notice
|
| Subtype |
Amended Notice of Appeal
|
| Description |
Amended Notice of Appeal ~ NOTICE OF APPEAL(AMENDED)
|
| On Behalf Of |
MCGARVEY CUSTOM HOMES, INC.
|
|
| Docket Date |
2023-12-29
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
fee - civil; atty ~ This appeal has been filed without a filing fee required by section35.22(2)(a), Florida Statutes, Florida Statutes.If the attorney for appellant has not already done so, they shall forwardthe required $300.00 filing fee or, if applicable, a certificate or order of thelower tribunal finding appellant insolvent pursuant to section 57.081, FloridaStatutes, within twenty days from the date of this order.If this court does not receive either of the above within the prescribedtime, this appeal may be subject to dismissal without further notice.
|
|
| Docket Date |
2023-12-29
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid through Portal
|
| On Behalf Of |
MCGARVEY CUSTOM HOMES, INC.
|
|
| Docket Date |
2023-12-29
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter 1
|
|
| Docket Date |
2023-11-30
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed ~ WITH ORDER
|
| On Behalf Of |
MCGARVEY CUSTOM HOMES, INC.
|
|
| Docket Date |
2023-11-30
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
| Docket Date |
2025-01-09
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Answer Brief
|
| Description |
APPELLEE'S MOTION FOR AGREED EXTENSION
OF TIME TO SERVE ANSWER BRIEF
|
| On Behalf Of |
USA GRADING, INC.
|
|
| Docket Date |
2024-12-09
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
| Description |
30- AB DUE 01/08/2025
|
| On Behalf Of |
USA GRADING, INC.
|
|
| Docket Date |
2024-10-30
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
| Description |
30- AB DUE 12/09/2024
|
| On Behalf Of |
USA GRADING, INC.
|
|
| Docket Date |
2024-10-09
|
| Type |
Brief
|
| Subtype |
Amended Initial Brief
|
| Description |
Amended Initial Brief
|
| On Behalf Of |
MCGARVEY CUSTOM HOMES, INC.
|
| View |
View File
|
|
| Docket Date |
2024-10-07
|
| Type |
Order
|
| Subtype |
Amended/Additional Filing(s) Needed
|
| Description |
The initial brief does not comply with the additional briefing requirements of this court as set forth in the Sixth District Court of Appeal Administrative Order 24-01. Specifically, the initial brief does not contain a statement as to each issue presented, where in the record on appeal the issue was raised and ruled on. Appellant shall file a corrected brief within ten days from the date of this order. A compliant brief would include an entry in the table of contents entitled "Statement of Preservation" that indicates the section in the initial brief where this information appears. AO 24-01 can be accessed at https://6dca.flcourts.gov/Clerk-s-Office/Administrative-Orders.
|
| View |
View File
|
|
| Docket Date |
2024-08-29
|
| Type |
Record
|
| Subtype |
Transcript
|
| Description |
Transcript/REDACTED/FOSTER - 524 PAGES
|
| On Behalf Of |
Collier Clerk
|
| View |
View File
|
|
| Docket Date |
2024-07-09
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Upon consideration of Appellant's amended notice of appeal, this Court's December 29, 2023, order requiring Appellant to submit a copy of the order appealed is hereby discharged.
|
| View |
View File
|
|
| Docket Date |
2024-03-05
|
| Type |
Order
|
| Subtype |
Order of Referral to Mediation
|
| Description |
Order of Referral to Mediation ~ The foregoing case, having been reviewed by the Court, is hereby referred to Appellate Mediation. All appellate deadlines, including for preparing the record and filing briefs, will not begin to run until an order is issued that this case will not proceed to mediation or, if mediation is ordered, until the mediation process is complete.Within 10 days from the date of this Order, Appellant(s) must complete and file with this Court the Response to Order of Referral to Mediation, which is available on this Court’s website, https://6dca.flcourts.gov. If the parties agree on a Florida Supreme Court Certified mediator, the Court will enter an order appointing that mediator for this case. If the parties are not able to agree on a mediator, the Court will appoint a mediator from the Supreme Court list of approved mediators. A mediator need not be certified as an appellate mediator to be appointed.
|
|
|
| Classification |
Original Proceedings - Circuit Civil - Certiorari
|
| Court |
3rd District Court of Appeal
|
| Originating Court |
Circuit Court for the Eleventh Judicial Circuit, Miami-Dade County
15-29248
Circuit Court for the Eleventh Judicial Circuit, Miami-Dade County
15-27499
|
Parties
| Name |
VICTORIA BUSTILLOS
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
VESTALIA AYLSWORTH
|
|
| Name |
YUNIEL ROUCO
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
OMAR CORRALES BATISTA
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
DANIEL C. CONSUEGRA, TODD A. ARMBRUSTER, LINDA M. RECK, Thomas S. Ward, MICHELE L. STOCKER, Carlos D. Lerman
|
|
| Name |
SOUTH FLORIDA CONSTRUCTION INC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
HSBC Bank USA, N.A.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
VRB ASSOCIATES, INC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
HON. ERIC WM. HENDON
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Miami-Dade Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2017-05-25
|
| Type |
Disposition by Opinion
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Judge
|
|
| Docket Date |
2017-05-25
|
| Type |
Mandate
|
| Subtype |
Disp. w/o Mandate
|
| Description |
Disp w/o mandate
|
|
| Docket Date |
2017-05-25
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2017-05-25
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
Stipulation of Dismissal (DA11J) ~ ORDERED that the joint stipulation for dismissal is recognized by the Court, and this petition for writ of certiorari is hereby dismissed.
|
|
| Docket Date |
2017-05-20
|
| Type |
Motion
|
| Subtype |
Stipulation
|
| Description |
Stipulation ~ for dismissal
|
| On Behalf Of |
VICTORIA BUSTILLOS
|
|
| Docket Date |
2017-04-18
|
| Type |
Notice
|
| Subtype |
Notice of Filing
|
| Description |
Notice of Filing ~ in response to rs notice of filing dated April 10, 2017
|
| On Behalf Of |
VICTORIA BUSTILLOS
|
|
| Docket Date |
2017-04-10
|
| Type |
Notice
|
| Subtype |
Notice of Filing
|
| Description |
Notice of Filing ~ motion for reconsideration
|
| On Behalf Of |
OMAR CORRALES BATISTA
|
|
| Docket Date |
2017-04-03
|
| Type |
Notice
|
| Subtype |
Notice of Filing
|
| Description |
Notice of Filing ~ trial court's order granting motion for substitution of successor
|
| On Behalf Of |
VICTORIA BUSTILLOS
|
|
| Docket Date |
2017-03-28
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE
|
| On Behalf Of |
VICTORIA BUSTILLOS
|
|
| Docket Date |
2017-03-27
|
| Type |
Motions Other
|
| Subtype |
Motion To Dismiss
|
| Description |
Motion To Dismiss
|
| On Behalf Of |
OMAR CORRALES BATISTA
|
|
| Docket Date |
2017-03-13
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ in opposition to Respondent's motion for appellate attorney fees.
|
| On Behalf Of |
VICTORIA BUSTILLOS
|
|
| Docket Date |
2017-03-09
|
| Type |
Response
|
| Subtype |
Reply
|
| Description |
REPLY ~ to response to the petition for writ of certiorari.
|
| On Behalf Of |
VICTORIA BUSTILLOS
|
|
| Docket Date |
2017-03-02
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix
|
| On Behalf Of |
OMAR CORRALES BATISTA
|
|
| Docket Date |
2017-03-02
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ TO PET. FOR WRIT OF CERT
|
| On Behalf Of |
OMAR CORRALES BATISTA
|
|
| Docket Date |
2017-03-02
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
|
| On Behalf Of |
OMAR CORRALES BATISTA
|
|
| Docket Date |
2017-02-17
|
| Type |
Order
|
| Subtype |
Order to Respond to Petition
|
| Description |
Order Resp. on all Petitions except Prohibi(OR12L) ~ Respondents are ordered to file a response within twenty (20) days of the date of this order to the petition for writ of certiorari. A reply may be filed within five (5) days of service of the response.
|
|
| Docket Date |
2017-02-14
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix ~ to petition for writ of certiorari/
|
| On Behalf Of |
VICTORIA BUSTILLOS
|
|
| Docket Date |
2017-02-14
|
| Type |
Petition
|
| Subtype |
Petition Certiorari
|
| Description |
Petition for Certiorari Filed
|
| On Behalf Of |
VICTORIA BUSTILLOS
|
|
| Docket Date |
2017-01-25
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
MISCELLANEOUS ORDER (OR999) ~ Within twenty (20) days from the date of this order, the petitioner shall file her amended petition for writ of certiorari, if she chooses to do so, otherwise her Notice of Appeal and Notice of Petition for Writ of Certiorari shall be treated as a petition. There shall be no extension of time to comply with this order.
|
|
| Docket Date |
2017-01-17
|
| Type |
Misc. Events
|
| Subtype |
Status Report
|
| Description |
Status Report ~ and request to allow 15 days after disposition of the trial court rehearing for aa to file its initial brief and status report
|
| On Behalf Of |
VICTORIA BUSTILLOS
|
|
| Docket Date |
2017-01-17
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE
|
| On Behalf Of |
OMAR CORRALES BATISTA
|
|
| Docket Date |
2017-01-12
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
Miscellaneous Motion ~ motion for sanctions
|
| On Behalf Of |
OMAR CORRALES BATISTA
|
|
| Docket Date |
2016-12-20
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion for Rehearing
|
| Description |
Motion For Rehearing ~ of this court's Dec 19, 2016 order staying this original proceeding
|
| On Behalf Of |
OMAR CORRALES BATISTA
|
|
| Docket Date |
2016-12-19
|
| Type |
Order
|
| Subtype |
Order on Motion to Stay
|
| Description |
Stay Granted (OG26) ~ Upon consideration, appellant¿s motion to stay the appeal is granted, and the appeal is hereby stayed until the trial court disposes of the pending motion for rehearing. Appellant is ordered to file a status report in this cause within thirty (30) days from the date of this order.
|
|
| Docket Date |
2016-12-16
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice ~ and motion to stay the appeal
|
| On Behalf Of |
VICTORIA BUSTILLOS
|
|
| Docket Date |
2016-12-15
|
| 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 December 25, 2016.
|
|
| Docket Date |
2016-12-15
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
|
| On Behalf Of |
OMAR CORRALES BATISTA
|
|
| Docket Date |
2016-12-15
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix ~ in support of response.
|
| On Behalf Of |
OMAR CORRALES BATISTA
|
|
| Docket Date |
2016-12-15
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ to this court's December 15, 2016 orders.
|
| On Behalf Of |
OMAR CORRALES BATISTA
|
|
| Docket Date |
2016-12-08
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
VICTORIA BUSTILLOS
|
|
| Docket Date |
2016-12-08
|
| 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 |
2016-12-08
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
|
