| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
2nd District Court of Appeal
|
| Originating Court |
Circuit Court for the Sixth Judicial Circuit, Pasco County
14-CA-1348
|
Parties
| Name |
HEAVENLY AIR CONDITIONING & HEATING, INC.
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
PAUL L. KUTCHER, ESQ.
|
|
| Name |
SUNFIELD HOMES, INC.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
MARIE TOMASSI, ESQ., CATHERINE M. DI PAOLO, ESQ., STANLEY H. ELEFF, ESQ.
|
|
| Name |
TRENAM, KEMKER, SCHARF, BARKIN, FRYE, O' NEILL & MULLIS, P. A.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
TRINITY TOWN CENTER, L L L P
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
HON. KIMBERLY SHARPE BYRD
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
PASCO CLERK
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2019-07-29
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2019-06-05
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Miscellaneous Order ~ Appellant Heavenly Air Conditioning and Heating, Inc., has filed a motion for appellate attorney's fees pursuant to a prevailing party attorney's fee provision in the settlement agreement between it and Appellee Trenam, Kemker, Scharf, Barkin, Frye, O'Neill & Mullis, P.A. Since Appellant is not the prevailing party in this appeal, this motion is denied. Appellee Trenam has filed a motion for appellate attorney's fees pursuant to Florida Rule of Appellate Procedure 9.410(b), which provides for an award of attorney's fees as a sanction against a party who files and pursues an appeal that is frivolous or filed in bad faith. This motion is also denied.
|
|
| Docket Date |
2019-06-05
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed - Per Curiam Affirmed
|
|
| Docket Date |
2019-05-22
|
| Type |
Misc. Events
|
| Subtype |
Oral Argument Date Set
|
| Description |
Oral Argument Date Set ~ Tampa
|
|
| Docket Date |
2019-03-06
|
| Type |
Order
|
| Subtype |
Order on Motion/Request for Oral Argument
|
| Description |
Oral Argument Notice ~ This case is provisionally set for oral argument on WEDNESDAY, MAY 22, 2019, at 9:30 A.M., before: Judge Craig C. Villanti, Judge Robert J. Morris, Jr., Judge Anthony K. Black. Oral argument will occur at the Second District Court of Appeal, Tampa Branch Headquarters, in the courtroom of the Stetson University College Of Law, Tampa Campus, First Floor, 1700 North Tampa Street, Tampa, Florida. The court calendars can be viewed on this court’s website at www.2dca.org. Counsel or parties are requested to make their presence known to the receptionist by fifteen minutes prior to the time listed above.The panel is subject to change without notice. Should the assigned panel of judges decide that the court will not benefit from oral argument in this proceeding, the attorneys or parties will be notified by order no less than two weeks before the scheduled date.Please review the notice regarding oral argument in the Second District Court of Appeal. A copy has been furnished with this order and may also be found on this court’s website.
|
|
| Docket Date |
2019-02-12
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ APPELLEE'S RESPONSE IN OPPOSITION TO APPELLANT'S MOTION FOR ATTORNEY'S FEES AND TAXABLE COSTS
|
| On Behalf Of |
Sunfield Homes, Inc.,
|
|
| Docket Date |
2019-02-04
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant Reply Brief
|
| On Behalf Of |
HEAVENLY AIR CONDITIONING & HEATING, INC.
|
|
| Docket Date |
2019-02-04
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion/Request for Oral Argument
|
| Description |
Request for Oral Argument
|
| On Behalf Of |
HEAVENLY AIR CONDITIONING & HEATING, INC.
|
|
| Docket Date |
2019-02-04
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
|
| On Behalf Of |
Sunfield Homes, Inc.,
|
|
| Docket Date |
2019-02-04
|
| Type |
Order
|
| Subtype |
Order on Motion For Leave To File Amended Brief
|
| Description |
Grant Motion File Amended Brief-12c ~ Appellant's motion for leave to file an amended initial brief is granted. The initial brief filed on November 7, 2018, is stricken. This appeal will proceed on the amended initial brief.
|
|
| Docket Date |
2019-01-31
|
| Type |
Brief
|
| Subtype |
Amended Initial Brief
|
| Description |
Amended Appellant Initial Brief
|
| On Behalf Of |
HEAVENLY AIR CONDITIONING & HEATING, INC.
|
|
| Docket Date |
2019-01-31
|
| Type |
Motions Relating to Briefs
|
| Subtype |
Motion to Amend Brief
|
| Description |
Motion For Leave To File Amended Brief
|
| On Behalf Of |
HEAVENLY AIR CONDITIONING & HEATING, INC.
|
|
| Docket Date |
2019-01-16
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee Answer Brief
|
| On Behalf Of |
Sunfield Homes, Inc.,
|
|
| Docket Date |
2019-01-16
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion/Request for Oral Argument
|
| Description |
Request for Oral Argument
|
| On Behalf Of |
Sunfield Homes, Inc.,
|
|
| Docket Date |
2018-11-27
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Stipulation for Extension of Time ~ 45 - AB due 01/16/18
|
| On Behalf Of |
Sunfield Homes, Inc.,
|
|
| Docket Date |
2018-11-07
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Appellant Brief on Merits
|
| On Behalf Of |
HEAVENLY AIR CONDITIONING & HEATING, INC.
|
|
| Docket Date |
2018-10-23
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ BYRD - 792 PAGES
|
|
| Docket Date |
2018-08-31
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter 1
|
|
| Docket Date |
2018-08-31
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
fee - civil; atty ~ This appeal has been filed without a filing fee required by section 35.22(2), Florida Statutes.If the attorney for appellant has not already done so, they shall forward the required $300.00 filing fee or, if applicable, an order of the circuit court finding appellant insolvent pursuant to section 57.081, Florida Statutes, within twenty days from the date of this order.If this court does not receive either of the above within the prescribed time, this appeal may be subject to dismissal without further notice.
|
|
| Docket Date |
2018-08-30
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed ~ ATTACHED ORDER APPEALED
|
| On Behalf Of |
HEAVENLY AIR CONDITIONING & HEATING, INC.
|
|
| Docket Date |
2018-08-30
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
|
