| Docket Date |
2017-03-22
|
| Type |
Misc. Events
|
| Subtype |
Case Closed
|
| Description |
Case Closed
|
|
| Docket Date |
2017-03-01
|
| Type |
Disposition
|
| Subtype |
Denied
|
| Description |
Denied - PC Denied ~ DISMISSED
|
|
| Docket Date |
2017-01-17
|
| Type |
Record
|
| Subtype |
Appendix to Response
|
| Description |
APPENDICES /ATTACHMENTS TO RESPONSE ~ APPENDIX TO GATOR BORING & TRENCHING, INC.'S RESPONSE TOWESTRA CONSTRUCTION CORP.'S SUPPLEMENTAL ARGUMENT ASDIRECTED BY THIS COURT'S ORDER DATED DECEMBER 13,2016
|
| On Behalf Of |
GATOR BORING & TRENCHING, INC.
|
|
| Docket Date |
2017-01-17
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ GATOR BORING & TRENCHING, INC.'S RESPONSE TOWESTRA'S SUPPLEMENTAL ARGUMENT AS DIRECTED BY THIS COURT'SORDER DATED DECEMBER 13, 2016
|
| On Behalf Of |
GATOR BORING & TRENCHING, INC.
|
|
| Docket Date |
2016-12-21
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ WESTRA'S RESPONSE TO ORDER DATED DECEMBER 13, 2016REGARDING EFFECT OF PARTIAL REVERSAL ON PETITION
|
| On Behalf Of |
WESTRA CONSTRUCTION CORP.
|
|
| Docket Date |
2016-12-21
|
| Type |
Record
|
| Subtype |
Appendix to Response
|
| Description |
APPENDICES /ATTACHMENTS TO RESPONSE ~ APPENDIX TO WESTRA'S RESPONSE TO ORDER DATED DECEMBER 13, 2016 REGARDING EFFECT OF PARTIAL REVERSAL ON PETITION
|
| On Behalf Of |
WESTRA CONSTRUCTION CORP.
|
|
| Docket Date |
2016-12-13
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
ORD-SUA SPONTE ~ The underlying complaint arose from Petitioner Gator Boring & Trenching, Inc.'s, performance of work under its subcontract with Westra Construction Corp. on a pipeline project that Westra had contracted to perform for TECO. Gator filed the four-count action against Westra, Travelers Casualty & Surety Co., and TECO which included a count (count II) against Westra and Travelers (together "Respondents") to enforce a lien that Gator had placed on TECO's property and that Westra had transferred to a bond underwritten by Travelers. Respondents raised as an affirmative defense that the lien was fraudulent, and Westra filed a counterclaim seeking damages for a fraudulent lien. The trial court determined that Gator's claim of lien was fraudulent as a matter of law and entered a partial summary judgment in which it, among other things, dismissed count II and ordered that the transfer bond be released. Gator sought review of that partial summary judgment in this court in case no. 2D15-5453.While that appeal was pending, the trial court granted Westra leave to amend its counterclaim to include a request for punitive damages in reliance on the trial court's finding that Gator's claim of lien was fraudulent as a matter of law. In this proceeding, Gator seeks certiorari review of an order granting Respondents' motion to compel discovery regarding the punitive damages request. During review of the petition for certiorari, a panel of this court issued an opinion in case no. 2D15-5453 in which it held that the trial court erred in determining that Gator's claim of lien was fraudulent as a matter of law and reversed and quashed the orders dismissing count II and releasing the transfer bond. See Gator Boring & Trenching, Inc. v. Westra Constr. Corp., 41 Fla. L. Weekly D2269 (Fla. 2d DCA Oct. 5, 2016). This court's opinion in Gator Boring thus calls into question the underpinning of the trial court's decisions to allow Westra to request punitive damages in its counterclaim and to compel discovery on punitive damages. Arguably, any discovery on Westra's punitive damages request should not proceed until the trial court resolves the issues on remand arising from this court's decision in Gator Boring. Respondents shall serve a supplemental argument within twenty days in which they address the effect of Gator Boring on this court's resolution of the petition for certiorari in this proceeding. Petitioner shall serve a response to the Respondent's supplemental argument within twenty days of service of the supplemental argument.
|
|
| Docket Date |
2016-06-03
|
| Type |
Order
|
| Subtype |
Order on Motion For Review
|
| Description |
ORD-GRANT MOTION FOR REVIEW ~ Petitioners' motion to review order denying stay pending review is granted, and the denial of the motion for stay is approved.
|
|
| Docket Date |
2016-05-31
|
| Type |
Response
|
| Subtype |
Reply
|
| Description |
REPLY ~ GATOR BORING & TRENCHING, INC.'S REPLY TO WESTRA'S AND TRAVELERS' RESPONSE TO GATOR'S WRIT OF CERTIORARI
|
| On Behalf Of |
GATOR BORING & TRENCHING, INC.
|
|
| Docket Date |
2016-05-26
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ WESTRA'S AND TRAVELERS' RESPONSE TO GATOR'S MOTION TO REVIEW ORDER OF LOWER TRIBUNAL ON MOTION FOR STAY REGARDING DISCOVERY
|
| On Behalf Of |
WESTRA CONSTRUCTION CORP.
|
|
| Docket Date |
2016-05-26
|
| Type |
Record
|
| Subtype |
Appendix to Response
|
| Description |
APPENDICES /ATTACHMENTS TO RESPONSE ~ APPENDIX TO WESTRA'S AND TRAVELER'S RESPONSE TO GATOR'S MOTION TO REVIEW ORDER OF LOWER TRIBUNAL ON MOTION FOR STAYREGARDING DISCOVERY
|
| On Behalf Of |
WESTRA CONSTRUCTION CORP.
|
|
| Docket Date |
2016-05-25
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
MISCELLANEOUS ORDER ~ Respondent is ordered to respond to the petitioner's motion to review the lower tribunal's order denying petitioner's motion to stay discovery. The response shall be filed no later than noon on Tuesday, May 31, 2016.
|
|
| Docket Date |
2016-05-25
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice ~ GATOR BORING & TRENCHING, INC.'S NOTICE OF HEARING IN THE LOWER COURT THAT AFFECTS THIS PROCEEDING
|
| On Behalf Of |
GATOR BORING & TRENCHING, INC.
|
|
| Docket Date |
2016-05-25
|
| Type |
Motions Other
|
| Subtype |
Motion For Review
|
| Description |
Motion For Review ~ GATOR BORING & TRENCHING, INC.'S MOTION TO REVIEWORDER OF LOWER TRIBUNAL ON MOTION FOR STAY REGARDINGDISCOVERY
|
| On Behalf Of |
GATOR BORING & TRENCHING, INC.
|
|
| Docket Date |
2016-05-03
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ WESTRA'S AND TRAVELERS' RESPONSE TO GATOR'S PETITION FOR CERTIORARI
|
| On Behalf Of |
WESTRA CONSTRUCTION CORP.
|
|
| Docket Date |
2016-05-03
|
| Type |
Record
|
| Subtype |
Appendix to Response
|
| Description |
APPENDICES /ATTACHMENTS TO RESPONSE ~ APPENDIX TO WESTRA'S AND TRAVELER'S RESPONSE TO GATOR'S PETITION FOR CERTIORARI
|
| On Behalf Of |
WESTRA CONSTRUCTION CORP.
|
|
| Docket Date |
2016-04-19
|
| Type |
Order
|
| Subtype |
Order to Respond to Petition
|
| Description |
certiorari response - pretrial
|
|
| Docket Date |
2016-04-01
|
| Type |
Misc. Events
|
| Subtype |
Certificate
|
| Description |
Certificate ~ AMENDED CERTIFICATE OF SERVICE FOR PETITION FOR WRIT OF CERTIORARI
|
| On Behalf Of |
GATOR BORING & TRENCHING, INC.
|
|
| Docket Date |
2016-03-29
|
| Type |
Order
|
| Subtype |
Certificate of Service
|
| Description |
c of s; mailing addresses
|
|
| Docket Date |
2016-03-28
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2016-03-28
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
ORIGINAL APPENDIX OR ATTACHMENT
|
| On Behalf Of |
GATOR BORING & TRENCHING, INC.
|
|
| Docket Date |
2016-03-28
|
| Type |
Petition
|
| Subtype |
Petition
|
| Description |
Petition Filed
|
| On Behalf Of |
GATOR BORING & TRENCHING, INC.
|
|
| Docket Date |
2016-03-28
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter 1
|
|
