|
MEI CONDOMINIUM ASSOCIATION, INC. VS FIRSTSERVICE RESIDENTIAL FLORIDA, INC.
|
4D2020-0617
|
2020-03-03
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
CACE17-019296
|
Parties
| Name |
MEI CONDOMINIUM ASSOCIATION, INC.
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Patrick Dervishi, Guy M. Shir
|
|
| Name |
FIRSTSERVICE RESIDENTIAL FLORIDA, INC.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Marissa D. Kelley
|
|
| Name |
THE CONTINENTAL GROUP, INC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Hon. Nicholas Lopane
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Broward
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2020-04-28
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ 451 PAGES
|
| On Behalf Of |
Clerk - Broward
|
|
| Docket Date |
2020-04-20
|
| Type |
Order
|
| Subtype |
Order on Motion To Dismiss
|
| Description |
ORD-Granting Aplee's Motion to Dismiss ~ Upon consideration of appellant’s April 13, 2020 response, it is ORDERED that appellee’s March 17, 2020 motion to dismiss appeal is granted, and the above-styled appeal is dismissed without prejudice to appeal from a final judgment that disposes of all interdependent claims. Mendez v. West Flagler Family Ass’n, Inc., 303 So. 2d 1, 5 (Fla. 1974) (“[P]iecemeal appeals should not be permitted where claims are legally interrelated and in substance involve the same transaction.”).MAY, GERBER and CONNER, JJ., concur.
|
|
| Docket Date |
2020-04-20
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Judge
|
|
| Docket Date |
2020-04-13
|
| Type |
Order
|
| Subtype |
Order to File Response
|
| Description |
ORD-Appellant to File Response ~ ORDERED that appellant is directed to respond, within fifteen (15) days from the date of this order, to appellee’s March 17, 2020 motion to dismiss.
|
|
| Docket Date |
2020-04-13
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ TO APPELLEE'S MOTION TO DISMISS APPEAL
|
| On Behalf Of |
MEI Condominium Association, Inc.
|
|
| Docket Date |
2020-04-08
|
| Type |
Misc. Events
|
| Subtype |
Affidavit
|
| Description |
Affidavit ~ OF NON-PAYMENT OF APPEAL INVOICE
|
| On Behalf Of |
Clerk - Broward
|
|
| Docket Date |
2020-04-08
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice
|
| On Behalf Of |
MEI Condominium Association, Inc.
|
|
| Docket Date |
2020-03-17
|
| Type |
Motions Other
|
| Subtype |
Motion To Dismiss
|
| Description |
Motion To Dismiss
|
| On Behalf Of |
FirstService Residential Florida, Inc.
|
|
| Docket Date |
2020-03-17
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix
|
| On Behalf Of |
FirstService Residential Florida, Inc.
|
|
| Docket Date |
2020-03-10
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid Through Portal
|
| On Behalf Of |
MEI Condominium Association, Inc.
|
|
| Docket Date |
2020-03-04
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2020-03-04
|
| 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. 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 |
2020-03-03
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2020-03-03
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
MEI Condominium Association, Inc.
|
|
|
|
FIRSTSERVICE RESIDENTIAL FLORIDA, INC. f/k/a THE CONTINENTAL GROUP, INC. VS FIRST COMMUNITY INSURANCE COMPANY, et al.
|
4D2019-3742
|
2019-12-09
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
CACE16021169 (08)
|
Parties
| Name |
FIRSTSERVICE RESIDENTIAL FLORIDA, INC.
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Alan S. Rosenberg, Kimberly Dionisio
|
|
| Name |
THE CONTINENTAL GROUP, INC.
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
NAN-YAO SU
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
FIRST COMMUNITY INSURANCE COMPANY
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Edward R. Curtis, Phillip Howell, Brittany N. Henderson, Ryan H. Lehrer, Brad J. Edwards, Ryan Uhrig, Irwin R. Gilbert
|
|
| Name |
WESTRIDGE HOMEOWNERS ASSOC. OF DAVIE INC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Hon. John B. Bowman
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Broward
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2019-12-19
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response to Order to Show Cause
|
| On Behalf Of |
FirstService Residential Florida, Inc.
|
|
| Docket Date |
2019-12-17
|
| Type |
Order
|
| Subtype |
Order to Show Cause
|
| Description |
Order to Show Cause ~ ORDERED that the parties are directed to show cause in writing, if any there be, within ten (10) days from the date of this order, why case numbers 4D19-3742 and 4D19-3744 should not be consolidated for all purposes.
|
|
| Docket Date |
2019-12-16
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid Through Portal
|
| On Behalf Of |
FirstService Residential Florida, Inc.
|
|
| Docket Date |
2020-07-07
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Clerk
|
|
| Docket Date |
2020-07-07
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
Order Granting Voluntary Dismissal ~ Pursuant to the July 6, 2020 joint notice of voluntary dismissal, the above consolidated cases are dismissed.
|
|
| Docket Date |
2020-07-06
|
| Type |
Motions Other
|
| Subtype |
Motion/Notice Voluntary Dismissal
|
| Description |
Notice of Voluntary Dismissal
|
| On Behalf Of |
FirstService Residential Florida, Inc.
|
|
| Docket Date |
2020-06-23
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Reply Brief
|
| Description |
Order Granting EOT for Appellant's Reply Brief ~ ORDERED that appellant's June 22, 2020 motion for extension of time is granted, and appellant shall serve the reply brief within fourteen (14) days from the date of this order. In addition, if the reply brief is served after the time provided for in this order, it may be stricken.
|
|
| Docket Date |
2020-06-22
|
| 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 |
First Community Insurance Company
|
|
| Docket Date |
2020-06-01
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Reply Brief
|
| Description |
Notice of Agreed Extension - Reply Brief
|
| On Behalf Of |
FirstService Residential Florida, Inc.
|
|
| Docket Date |
2020-06-01
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 15 DAYS TO 06/22/2020
|
|
| Docket Date |
2020-05-06
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief ~ TO FIRSTSERVICE RESIDENTIAL FLORIDA INC.'S INITIAL BRIEF
|
| On Behalf Of |
First Community Insurance Company
|
|
| Docket Date |
2020-04-13
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 20 DAYS TO 05/07/2020
|
|
| Docket Date |
2020-04-13
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
| Description |
Notice of Agreed Extension - Answer Brief ~ agreed with Appellant, FirstService Residential, Inc., f/k/a The Continental Group, Inc.
|
| On Behalf Of |
First Community Insurance Company
|
|
| Docket Date |
2020-03-10
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
| Description |
Notice of Agreed Extension - Answer Brief ~ agreed with appellant, Westridge Homeowners Association of Davie, Inc.
|
| On Behalf Of |
First Community Insurance Company
|
|
| Docket Date |
2020-03-10
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 30 DAYS TO 04/17/2020
|
|
| Docket Date |
2020-03-09
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 30 DAYS TO 04/17/2020
|
|
| Docket Date |
2020-03-09
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
| Description |
Notice of Agreed Extension - Answer Brief ~ agreed with Appellant, FirstService Residential, Inc., f/k/a The Continental Group, Inc.
|
| On Behalf Of |
First Community Insurance Company
|
|
| Docket Date |
2020-02-14
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits ~ FIRSTSERVICE RESIDENTIAL FLORIDA, INC.
|
| On Behalf Of |
FirstService Residential Florida, Inc.
|
|
| Docket Date |
2020-02-14
|
| Type |
Order
|
| Subtype |
Order on Motion to Supplement Record & EOT/Toll Briefing
|
| Description |
ORD-Allowing Attachment to Record ~ ORDERED that appellant’s February 12, 2020 motion to supplement the record is granted, and the record is supplemented to include the pleadings listed in the motion. Said supplemental record is deemed filed as of the date of this order.
|
|
| Docket Date |
2020-02-14
|
| Type |
Record
|
| Subtype |
Supplemental Record
|
| Description |
Supplemental Records
|
| On Behalf Of |
First Community Insurance Company
|
|
| Docket Date |
2020-02-12
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion to Supplement Record
|
| Description |
Motion To File Supplemental Record
|
| On Behalf Of |
First Community Insurance Company
|
|
| Docket Date |
2020-02-06
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ 585 PAGES
|
| On Behalf Of |
Clerk - Broward
|
|
| Docket Date |
2019-12-30
|
| Type |
Order
|
| Subtype |
Order on Motion to Consolidate
|
| Description |
ORD-Granting Consolidation ~ ORDERED that upon consideration of all parties’ responses, the above-styled case numbers are now consolidated for all purposes and are to proceed under the time schedule for a civil appeal and according to the requirements of Florida Rule of Appellate Procedure Rule 9.110, and shall proceed under case number 4D19-3742.
|
|
| Docket Date |
2019-12-10
|
| 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 |
2019-12-10
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2019-12-09
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2019-12-09
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
FirstService Residential Florida, Inc.
|
|
|
|
WESTRIDGE HOMEOWNERS ASSOCIATION OF DAVIE, INC. VS FIRST COMMUNITY INSURANCE COMPANY, et al.
|
4D2019-3744
|
2019-12-09
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
CACE16021169
|
Parties
| Name |
Westridge Homeowners Association of Davie, Inc.
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Edward R. Curtis, Ryan H. Lehrer
|
|
| Name |
NAN-YAO SU
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
THE CONTINENTAL GROUP, INC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
FIRST COMMUNITY INSURANCE COMPANY
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Alan S. Rosenberg, Phillip Howell
|
|
| Name |
FIRSTSERVICE RESIDENTIAL FLORIDA, INC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Hon. John B. Bowman
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Broward
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2020-07-07
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
Order Granting Voluntary Dismissal ~ Pursuant to the July 6, 2020 joint notice of voluntary dismissal, the above consolidated cases are dismissed.
|
|
| Docket Date |
2020-07-07
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Clerk
|
|
| Docket Date |
2020-07-06
|
| Type |
Motions Other
|
| Subtype |
Motion/Notice Voluntary Dismissal
|
| Description |
Notice of Voluntary Dismissal
|
| On Behalf Of |
FirstService Residential Florida, Inc.
|
|
| Docket Date |
2020-06-23
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Reply Brief
|
| Description |
Order Granting EOT for Appellant's Reply Brief ~ ORDERED that appellant's June 22, 2020 motion for extension of time is granted, and appellant shall serve the reply brief within fourteen (14) days from the date of this order. In addition, if the reply brief is served after the time provided for in this order, it may be stricken.
|
|
| Docket Date |
2020-06-22
|
| 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 |
First Community Insurance Company
|
|
| Docket Date |
2020-06-01
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Reply Brief
|
| Description |
Notice of Agreed Extension - Reply Brief
|
| On Behalf Of |
FirstService Residential Florida, Inc.
|
|
| Docket Date |
2020-05-06
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief ~ TO WESTRIDGE HOMEOWNERS ASSOCIATION OF DAVIE, INC.'S INITIAL BRIEF
|
| On Behalf Of |
First Community Insurance Company
|
|
| Docket Date |
2020-04-13
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
| Description |
Notice of Agreed Extension - Answer Brief ~ agreed with Appellant, FirstService Residential, Inc., f/k/a The Continental Group, Inc.
|
| On Behalf Of |
First Community Insurance Company
|
|
| Docket Date |
2020-03-10
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
| Description |
Notice of Agreed Extension - Answer Brief ~ agreed with appellant, Westridge Homeowners Association of Davie, Inc.
|
| On Behalf Of |
First Community Insurance Company
|
|
| Docket Date |
2020-03-09
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
| Description |
Notice of Agreed Extension - Answer Brief ~ agreed with Appellant, FirstService Residential, Inc., f/k/a The Continental Group, Inc.
|
| On Behalf Of |
First Community Insurance Company
|
|
| Docket Date |
2020-02-14
|
| Type |
Record
|
| Subtype |
Supplemental Record
|
| Description |
Supplemental Records
|
| On Behalf Of |
First Community Insurance Company
|
|
| Docket Date |
2020-02-14
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits ~ WESTRIDGE HOMEOWNERS ASSOCIATION OF DAVIE, INC.
|
| On Behalf Of |
First Community Insurance Company
|
|
| Docket Date |
2020-02-14
|
| Type |
Order
|
| Subtype |
Order on Motion to Supplement Record & EOT/Toll Briefing
|
| Description |
ORD-Allowing Attachment to Record ~ ORDERED that appellant’s February 12, 2020 motion to supplement the record is granted, and the record is supplemented to include the pleadings listed in the motion. Said supplemental record is deemed filed as of the date of this order.
|
|
| Docket Date |
2020-02-12
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion to Supplement Record
|
| Description |
Motion To File Supplemental Record
|
| On Behalf Of |
First Community Insurance Company
|
|
| Docket Date |
2020-02-06
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ 585 PAGES
|
| On Behalf Of |
Clerk - Broward
|
|
| Docket Date |
2019-12-30
|
| Type |
Order
|
| Subtype |
Order on Motion to Consolidate
|
| Description |
ORD-Granting Consolidation ~ ORDERED that upon consideration of all parties’ responses, the above-styled case numbers are now consolidated for all purposes and are to proceed under the time schedule for a civil appeal and according to the requirements of Florida Rule of Appellate Procedure Rule 9.110, and shall proceed under case number 4D19-3742.
|
|
| Docket Date |
2019-12-19
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response to Order to Show Cause
|
| On Behalf Of |
First Community Insurance Company
|
|
| Docket Date |
2019-12-18
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response to Order to Show Cause
|
| On Behalf Of |
Westridge Homeowners Association of Davie, Inc.
|
|
| Docket Date |
2019-12-17
|
| Type |
Order
|
| Subtype |
Order to Show Cause
|
| Description |
Order to Show Cause ~ ORDERED that the parties are directed to show cause in writing, if any there be, within ten (10) days from the date of this order, why case numbers 4D19-3742 and 4D19-3744 should not be consolidated for all purposes.
|
|
| Docket Date |
2019-12-11
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid Through Portal
|
| On Behalf Of |
Westridge Homeowners Association of Davie, Inc.
|
|
| Docket Date |
2019-12-11
|
| Type |
Notice
|
| Subtype |
Notice of Related Case or Issue
|
| Description |
Notice of Similar Case Pending
|
| On Behalf Of |
Westridge Homeowners Association of Davie, Inc.
|
|
| Docket Date |
2019-12-10
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2019-12-10
|
| 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 |
2019-12-09
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2019-12-09
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
Westridge Homeowners Association of Davie, Inc.
|
|
|
|
DANIEL VOLA, individually and as Successor Trustee of the Gertrude M. Vola Revocable Trust VS BEACH CLUB TWO OF HALLANDALE CONDOMINIUM ASSOC., INC., et al.
|
4D2017-2792
|
2017-09-01
|
Closed
|
|
| Classification |
Original Proceedings - Circuit Civil - Certiorari
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
CACE 10-010444 (09)
|
Parties
| Name |
GERTRUDE M. VOLA REVOCABLE TRUST
|
| Role |
Petitioner
|
| Status |
Active
|
|
| Name |
DANIEL VOLA
|
| Role |
Petitioner
|
| Status |
Active
|
| Representations |
Stephen Rakusin
|
|
| Name |
BEACH CLUB TWO OF HALLANDALE CONDOMINIUM ASSOC., INC.
|
| Role |
Respondent
|
| Status |
Active
|
| Representations |
Keith J. Lambdin, LINDA AGNANT (DNU), ERIC CHARLES MORALES, JASON H. KLEIN, Linda Dickhaus Agnant, Gerard S. Collins, VICTORIA ERSOFF
|
|
| Name |
THE CONTINENTAL GROUP, INC.
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
TRG - HALLANDALE BEACH (TOWER TWO), LTD.
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
ATLANTIC AND PACIFIC PROPERTY MANAGEMENT - ATLANTIC DIVISION
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
Hon. Jeffrey R. Levenson
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Broward
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2017-12-20
|
| Type |
Disposition by Order
|
| Subtype |
Denied
|
| Description |
Order Denying Petition for Writ - Certiorari ~ ORDERED that the petition for writ of certiorari is denied. Respondents’ discovery request appears reasonably calculated to lead to the discovery of relevant admissible evidence. Fla. R. Civ. P. 1.280(b)(1). Petitioner may file a privilege log and request an in camera inspection of any specific records he claims are privileged, or which contain privileged information; further,ORDERED that the petitioner’s November 17, 2017 motion for attorney's fees is denied.DAMOORGIAN, KLINGENSMITH and KUNTZ, JJ., concur.
|
|
| Docket Date |
2017-12-20
|
| Type |
Disposition
|
| Subtype |
Denied
|
| Description |
Denied - Order by Judge
|
|
| Docket Date |
2017-11-29
|
| Type |
Order
|
| Subtype |
Order on Motion for Leave to File Reply
|
| Description |
Ord-Denying Leave to file Reply ~ ORDERED that the respondent's November 27, 2017 motion for leave to file a sur-reply is denied.
|
|
| Docket Date |
2017-11-27
|
| Type |
Motions Other
|
| Subtype |
Motion for Leave to File Reply
|
| Description |
Motion for leave to file reply ~ "TO FILE A SUR-REPLY"
|
| On Behalf Of |
BEACH CLUB TWO OF HALLANDALE CONDOMINIUM ASSOC., INC.
|
|
| Docket Date |
2017-11-17
|
| Type |
Response
|
| Subtype |
Reply to Response
|
| Description |
Reply to Response ~ TO BEACH CLUB RESPONDENTS' RESPONSES
|
| On Behalf Of |
DANIEL VOLA
|
|
| Docket Date |
2017-11-17
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
|
| On Behalf Of |
DANIEL VOLA
|
|
| Docket Date |
2017-11-15
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Reply to Response
|
| Description |
Grant EOT to Reply to Response ~ ORDERED that petitioner's November 13, 2017 motion for extension of time is granted and the time for filing a reply to the response is extended two (2) days from the date of this order.
|
|
| Docket Date |
2017-11-13
|
| Type |
Motions Extensions
|
| Subtype |
Motion Extension of Time To Reply To Response
|
| Description |
Motion Extension of TimeTo Reply To Response
|
| On Behalf Of |
DANIEL VOLA
|
|
| Docket Date |
2017-11-03
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Reply to Response
|
| Description |
Grant EOT to Reply to Response ~ ORDERED that petitioners' November 2, 2017 motion for extension of time is granted and the time for filing a reply to the response is extended ten (10) days from the date of this order.
|
|
| Docket Date |
2017-11-02
|
| Type |
Motions Extensions
|
| Subtype |
Motion Extension of Time To Reply To Response
|
| Description |
Motion Extension of TimeTo Reply To Response
|
| On Behalf Of |
DANIEL VOLA
|
|
| Docket Date |
2017-10-17
|
| Type |
Record
|
| Subtype |
Appendix to Response
|
| Description |
Appendix to Response
|
| On Behalf Of |
BEACH CLUB TWO OF HALLANDALE CONDOMINIUM ASSOC., INC.
|
|
| Docket Date |
2017-10-16
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response
|
| On Behalf Of |
BEACH CLUB TWO OF HALLANDALE CONDOMINIUM ASSOC., INC.
|
|
| Docket Date |
2017-10-16
|
| Type |
Record
|
| Subtype |
Appendix to Response
|
| Description |
Appendix to Response
|
| On Behalf Of |
BEACH CLUB TWO OF HALLANDALE CONDOMINIUM ASSOC., INC.
|
|
| Docket Date |
2017-10-05
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
BEACH CLUB TWO OF HALLANDALE CONDOMINIUM ASSOC., INC.
|
|
| Docket Date |
2017-09-27
|
| Type |
Order
|
| Subtype |
Show Cause re Petition
|
| Description |
ORD-Writs Show Cause with Reply ~ ORDERED that respondent shall file a response within twenty (20) days and show cause why the petition should not be granted. Petitioner may file a reply within ten (10) days of service of the response. James v. Veneziano, 98 So. 3d 697 (Fla. 4th DCA 2012).
|
|
| Docket Date |
2017-09-05
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Writ of Certiorari / Acknowledgment letter
|
|
| Docket Date |
2017-09-05
|
| 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 |
2017-09-01
|
| Type |
Petition
|
| Subtype |
Petition
|
| Description |
Petition Filed
|
| On Behalf Of |
DANIEL VOLA
|
|
| Docket Date |
2017-09-01
|
| Type |
Record
|
| Subtype |
Appendix to Petition
|
| Description |
Appendix to Petition
|
| On Behalf Of |
DANIEL VOLA
|
|
| Docket Date |
2017-09-01
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
|
|
LAS OLAS RIVER HOUSE, etc., et al. VS LORH, LLC, et al.
|
4D2015-2289
|
2015-06-15
|
Closed
|
|
| Classification |
Original Proceedings - Circuit Civil - Certiorari
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
CACE 13-12950 12
|
Parties
| Name |
THE CONTINENTAL GROUP, INC.
|
| Role |
Petitioner
|
| Status |
Active
|
|
| Name |
LAS OLAS RIVER HOUSE CORP.
|
| Role |
Petitioner
|
| Status |
Active
|
| Representations |
Daniel M. Schwarz, Scott A. Cole
|
|
| Name |
ARMINDA FIGUEROA
|
| Role |
Petitioner
|
| Status |
Active
|
|
| Name |
JEROME SCHECHTER
|
| Role |
Petitioner
|
| Status |
Active
|
|
| Name |
JOHN QUAINTANCE
|
| Role |
Petitioner
|
| Status |
Active
|
|
| Name |
SANDY ROBERT LEVY, PLLC
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
LORH LLC
|
| Role |
Respondent
|
| Status |
Active
|
| Representations |
Christopher J. Whitelock, Geralyn M. Passaro, Elmer Joseph Generotti, Marc A. Silverman
|
|
| Name |
CHOICE REALTY, INC.
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
Hon. Michael L. Gates
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Broward
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2016-02-12
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2016-01-26
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2015-12-17
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion for Rehearing
|
| Description |
Motion For Rehearing ~ OF ORDER GRANTING RESPONDENTS' MOTION FOR ATTORNEY'S FEES
|
| On Behalf Of |
LAS OLAS RIVER HOUSE
|
|
| Docket Date |
2015-08-17
|
| Type |
Record
|
| Subtype |
Appendix to Response
|
| Description |
Appendix to Response ~ TO S/C ORDER
|
| On Behalf Of |
LORH, LLC
|
|
| Docket Date |
2015-08-14
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response to Order to Show Cause
|
| On Behalf Of |
LORH, LLC
|
|
| Docket Date |
2015-08-12
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to File Response
|
| Description |
Grant EOT to file Response ~ ORDERED that respondent's August 6, 2015 motion for extension of time is granted, and the time for filing a response is extended to and including August 20, 2015; further,ORDERED that petitioner may file a reply within ten (10) days thereafter.
|
|
| Docket Date |
2015-08-06
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to File Response
|
| Description |
Motion for Extension of Time to File Response
|
| On Behalf Of |
LORH, LLC
|
|
| Docket Date |
2015-07-17
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to File Response
|
| Description |
Grant EOT to file Response ~ ORDERED that respondents' July 10, 2015 motion for extension of time is granted, and the time for filing a response to petition for writ of certiorari is extended to and including August 10, 2015; further,ORDERED that petitioners may file a reply within ten (10) days thereafter.
|
|
| Docket Date |
2015-07-10
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to File Response
|
| Description |
Motion for Extension of Time to File Response
|
| On Behalf Of |
LORH, LLC
|
|
| Docket Date |
2015-06-30
|
| Type |
Order
|
| Subtype |
Order on Miscellaneous Motion
|
| Description |
Grant Miscellaneous Motion ~ ORDERED that petitioners' June 23, 2015 motion to supplement appendix is granted.
|
|
| Docket Date |
2015-06-30
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix ~ SUPPLEMENTAL
|
| On Behalf Of |
LAS OLAS RIVER HOUSE
|
|
| Docket Date |
2015-06-23
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
Miscellaneous Motion ~ TO SUPPLEMENT APPENDIX
|
| On Behalf Of |
LAS OLAS RIVER HOUSE
|
|
| Docket Date |
2016-01-26
|
| Type |
Order
|
| Subtype |
Order on Motion for Rehearing
|
| Description |
ORD-Denying Rehearing ~ ORDERED that the petitioner's December 17, 2015 motion for rehearing of order granting respondents' motion for appellate attorneys' fees is denied.
|
|
| Docket Date |
2015-12-09
|
| Type |
Order
|
| Subtype |
Order on Motion For Attorney's Fees
|
| Description |
Order Granting Attorney Fees-Prevailing ~ ORDERED that the respondents' August 24, 2015 motion for attorneys' fees is granted conditioned on the trial court determining that respondents are the prevailing party and, if so, setting the amount of the attorneys' 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
|
|
| Docket Date |
2015-12-09
|
| Type |
Disposition
|
| Subtype |
Granted
|
| Description |
Granted - Per Curiam Opinion
|
|
| Docket Date |
2015-09-08
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ TO MOTION FOR ATTY'S FEES
|
| On Behalf Of |
LAS OLAS RIVER HOUSE
|
|
| Docket Date |
2015-09-01
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion/Request for Oral Argument
|
| Description |
Request for Oral Argument ~ PT DANIEL M. SCHWARZ 0092537
|
| On Behalf Of |
LAS OLAS RIVER HOUSE
|
|
| Docket Date |
2015-08-24
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
|
| On Behalf Of |
LAS OLAS RIVER HOUSE
|
|
| Docket Date |
2015-08-24
|
| Type |
Response
|
| Subtype |
Reply to Response
|
| Description |
Reply to Response
|
| On Behalf Of |
LAS OLAS RIVER HOUSE
|
|
| Docket Date |
2015-06-16
|
| 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 |
2015-06-16
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Writ of Certiorari / Acknowledgment letter
|
|
| Docket Date |
2015-06-15
|
| Type |
Petition
|
| Subtype |
Petition Certiorari
|
| Description |
Petition for Certiorari Filed
|
| On Behalf Of |
LAS OLAS RIVER HOUSE
|
|
| Docket Date |
2015-06-15
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
| Docket Date |
2015-06-15
|
| Type |
Record
|
| Subtype |
Appendix to Petition
|
| Description |
Appendix to Petition ~ (SUPPLEMENTAL APPENDIX FILED 6/30/15)
|
| On Behalf Of |
LAS OLAS RIVER HOUSE
|
|
|
