|
DEAN DESANTIS and LAURA DESANTIS VS LEO A. VECELLIO, JR., et al.
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4D2016-0863
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2016-03-15
|
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
502009CA040005XXXXMB
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Parties
| Name |
LAURA DESANTIS
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
DANNY E. SWANSON
|
| Role |
Appellant
|
| Status |
Withdrawn
|
|
| Name |
DEAN DESANTIS
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Robert J. Cousins, KAREN M. SHIMONSKY, Thomas A. Valdez, CHARLES EDWARD MULLER, BRIAN ALAN LEBENSBURGER
|
|
| Name |
ADDISON CONSTRUCTION CORP.
|
| Role |
Appellant
|
| Status |
Withdrawn
|
|
| Name |
ADDISON DEVELOPMENT CORP.
|
| Role |
Appellant
|
| Status |
Withdrawn
|
|
| Name |
NATIONWIDE MUTUAL FIRE INS. CO
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
PENNSYLVANIA LUMBERMENS MUTUAL
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
LEO A. VECELLIO, JR.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
MARIA KLEIN, Steven J. Chackman, LISA PACH, Diane H. Tutt, Gregor J. Schwinghammer, Daniel Eric Levin, JOHN D RUSSELL, LEILA MARIEANNE LUGO, GEOFFREY H. GENTILE, SR., Nicholas S. Seamster, Daniel A. Thomas, HOLLY S. HARVEY, WILLIAM JOHN MANIKAS, MICHAEL P. O'BRESLY, Louis M. Silber, Ubaldo J. Perez, KIMBERLY BROWN, JESSICA S. FORBES, Allison J. Davis, Mark H. Ruff, Danielle A. Suarez, ROBIN P. KEENER, ROBERT LAWRENCE POLLACK, Mark A. Boyle, MICHAEL ROGER MOLINE, George R. Truitt, Hinda Klein, Jack Joseph Aiello, Hon. Gerard Joseph Curley, Stuart J. Freeman
|
|
| Name |
R. V. ELECTRIC, INC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
DEERFIELD BUILDERS SUPPLY CO.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
KATHRYN C. VECELLIO
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
BLADE WINDOW AND DOOR COMPANY
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
GULFSTREAM ROOFING, INC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
PREFERRED AIR CONDITIONING AND MECHANICAL
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
BLADE WINDOW & DOOR CO.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
ALFRED CILCIUS
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
PHOENIX ARCHITECTURE, INC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
CONTINENTIAL CASUALTY COMPANY
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
CRUM & FORSTER SPECIALTY INSUR
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
EAGLE WINDOW & DOOR LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
L & L ORNAMENTAL ALUMINUM
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Hon. Gregory M. Keyser
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Palm Beach
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2017-05-23
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice ~ **STRICKEN** OF VACATION AND UNAVAILABILITY.
|
| On Behalf Of |
DEAN DESANTIS
|
|
| Docket Date |
2018-05-18
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2018-05-01
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2017-05-04
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
| Description |
Notice of Agreed Extension - Answer Brief ~ 45 DAYS TO 6/24/17.
|
| On Behalf Of |
LEO A. VECELLIO, JR.
|
|
| Docket Date |
2018-05-01
|
| Type |
Order
|
| Subtype |
Order on Motion for Rehearing
|
| Description |
ORD-Denying Rehearing ~ ORDERED that the appellant/cross-appellees' April 5, 2018 motion for rehearing or clarification is denied; further, ORDERED that the cross-appellants' April 5, 2018 motion for rehearing is denied.
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|
| Docket Date |
2018-04-19
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ TO MOTION FOR REHEARING.
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| On Behalf Of |
LEO A. VECELLIO, JR.
|
|
| Docket Date |
2018-04-16
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| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ TO MOTION FOR REHEARING.
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| On Behalf Of |
DEAN DESANTIS
|
|
| Docket Date |
2018-04-05
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion for Rehearing
|
| Description |
Motion For Rehearing ~ OR CLARIFICATION.
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| On Behalf Of |
DEAN DESANTIS
|
|
| Docket Date |
2018-03-21
|
| Type |
Order
|
| Subtype |
Order on Motion For Attorney's Fees
|
| Description |
Order Granting Attorney Fees-Unconditionally ~ ORDERED that the appellees, Leo and Kathryn Vecellios' June 29, 2017 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. FurtherORDERED that the motion for costs filed by Jack J. Aiello is denied without prejudice to seek costs in the trial court.
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|
| Docket Date |
2018-03-21
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed - Authored Opinion
|
|
| Docket Date |
2018-01-23
|
| Type |
Misc. Events
|
| Subtype |
Oral Argument Date Set
|
| Description |
Oral Argument Date Set ~ 4DCA
|
|
| Docket Date |
2018-01-22
|
| Type |
Order
|
| Subtype |
Order on Motion For Clarification
|
| Description |
Grant Clarification ~ ORDERED that appellants' Dean Desantis and Laura Desantis' January 18, 2018 motion to clarify and correct appellate case style is granted. Addison Construction Corporation, Addison Development Corporation, and Danny E. Swanson are removed as appellants in case number 4D16-0863 and shall proceed as the appellants/cross-appellees in case number 4D16-0618 only.
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|
| Docket Date |
2018-01-18
|
| Type |
Post-Disposition Motions
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| Subtype |
Motion For Clarification
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| Description |
Motion for Clarification ~ AND TO CORRECT APPELLATE CASE STYLE.
|
| On Behalf Of |
DEAN DESANTIS
|
|
| Docket Date |
2017-11-08
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| Type |
Order
|
| Subtype |
Order on Motion To Strike
|
| Description |
Deny Motion to Strike ~ ORDERED that the appellees' November 2, 2017 motion to strike newly asserted issue is denied.
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|
| Docket Date |
2017-11-06
|
| Type |
Order
|
| Subtype |
Order on Motion/Request for Oral Argument
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| Description |
ORD-Setting Oral Argument ~ This case is set for Oral Argument on January 23, 2018, at 10:00 A.M. for 20 minutes per side. The parties are advised that the oral argument will occur at the new Fourth District Court of Appeal Courthouse at 110 S. Tamarind Avenue, West Palm Beach, FL 33401. The court calendars can be viewed on this court's website at HYPERLINK "http://www.4dca.org" www.4dca.org. Attorneys not registered with this court’s eDCA and pro se parties are required to file a "Notice of Receipt of Oral Argument" within ten (10) days from the date of this order, acknowledging they have received this order.
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|
| Docket Date |
2017-11-02
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| Type |
Brief
|
| Subtype |
Cross-Reply Brief
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| Description |
Appellee/Cross-Appellant's Reply Brief
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| On Behalf Of |
LEO A. VECELLIO, JR.
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|
| Docket Date |
2017-11-02
|
| Type |
Motions Other
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| Subtype |
Motion To Strike
|
| Description |
Motion To Strike ~ NEWLY ASSERTED ISSUE IN THE DESANTISES' REPLY BRIEF.
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| On Behalf Of |
LEO A. VECELLIO, JR.
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|
| Docket Date |
2017-10-17
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Cross-Reply Brief
|
| Description |
Notice of Agreed Extension - Cross-Reply Brief ~ 10 DAYS TO 11/3/17.
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| On Behalf Of |
LEO A. VECELLIO, JR.
|
|
| Docket Date |
2017-09-29
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant's Reply Brief ~ /ANSWER BRIEF ON CROSS-APPEAL.
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| On Behalf Of |
DEAN DESANTIS
|
|
| Docket Date |
2017-09-20
|
| 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 appellants' September 15, 2017 motion for extension of time is granted, and appellant shall serve the reply brief/answer brief on cross appeal within ten (10) days from September 24, 2017. In addition, if the reply brief/answer brief is served after the time provided for in this order, it may be stricken.
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|
| Docket Date |
2017-09-15
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Reply Brief
|
| Description |
Mot. for Extension of Time to File Reply Brief ~ (AMENDED) AND ANSWER BRIEF ON CROSS APPEAL
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| On Behalf Of |
DEAN DESANTIS
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|
| Docket Date |
2017-09-14
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| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Reply Brief
|
| Description |
Mot. for Extension of Time to File Reply Brief ~ **AMENDED MOTION FILED 9/15/17** AND ANSWER BRIEF ON CROSS APPEAL.
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| On Behalf Of |
DEAN DESANTIS
|
|
| Docket Date |
2017-08-31
|
| 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 August 28, 2017 motion for extension of time is granted, and appellant shall serve the reply brief/answer brief on cross-appeal within fifteen (15) days from August 25, 2017. In addition, if the reply brief/answer brief on cross-appeal is served after the time provided for in this order, it may be stricken.
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|
| Docket Date |
2017-08-28
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Reply Brief
|
| Description |
Mot. for Extension of Time to File Reply Brief ~ /ANSWER BRIEF ON CROSS-APPEAL.
|
| On Behalf Of |
DEAN DESANTIS
|
|
| Docket Date |
2017-08-25
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant's Reply Brief ~ **SEE 9/29/17 REPLY/ANSWER BRIEF** **CONSOLIDATED REPLY BRIEF AND ANSWER BRIEF ON CROSS APPEAL TO BE FILED**
|
| On Behalf Of |
DEAN DESANTIS
|
|
| Docket Date |
2017-08-25
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response
|
| On Behalf Of |
DEAN DESANTIS
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|
| Docket Date |
2017-07-26
|
| 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 appellants'/cross-appellees' July 24, 2017 motion for extension of time is granted in part, and appellants/cross-appellees shall serve the reply/answer brief on cross appeal and the response to the motion to tax appellate fees and costs within thirty (30) 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.
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|
| Docket Date |
2017-07-24
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Reply Brief
|
| Description |
Mot. for Extension of Time to File Reply Brief ~ /ANSWER BRIEF ON CROSS APPEAL *AND* RESPONSE TO MOTION FOR ATTORNEY'S FEES AND COSTS.
|
| On Behalf Of |
DEAN DESANTIS
|
|
| Docket Date |
2017-06-29
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion/Request for Oral Argument
|
| Description |
Request for Oral Argument
|
| On Behalf Of |
LEO A. VECELLIO, JR.
|
|
| Docket Date |
2017-06-29
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Brief ~ TO ANSWER BRIEF AND CROSS-INITIAL BRIEF OF LEO A. VECELLIO, JR. AND KATHRYN C. VECELLIO
|
| On Behalf Of |
LEO A. VECELLIO, JR.
|
|
| Docket Date |
2017-06-29
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees ~ AND COSTS **RESPONSE FILED 8/25/17**
|
| On Behalf Of |
LEO A. VECELLIO, JR.
|
|
| Docket Date |
2017-06-29
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief ~ AND CROSS-INITIAL BRIEF OF LEO A. VECELLIO, JR. AND KATHRYN C. VECELLIO
|
| On Behalf Of |
LEO A. VECELLIO, JR.
|
|
| Docket Date |
2017-06-21
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
| Description |
Notice of Agreed Extension - Answer Brief ~ 3 DAYS TO 6/29/17.
|
| On Behalf Of |
LEO A. VECELLIO, JR.
|
|
| Docket Date |
2017-06-13
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion/Request for Oral Argument
|
| Description |
Request for Oral Argument
|
| On Behalf Of |
DEAN DESANTIS
|
|
| Docket Date |
2017-05-24
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
ORD-Stricken as Unauthorized ~ ORDERED sua sponte that the appellant's May 23, 2017 notice of vacation and unavailability is stricken as unauthorized.
|
|
| Docket Date |
2017-05-03
|
| Type |
Order
|
| Subtype |
Order on Motion to Supplement Record & EOT/Toll Briefing
|
| Description |
Order Granting Motion to Supplement the Record ~ ORDERED that appellants' May 2, 2017 motion to supplement the record is granted. The proposed supplemental record is deemed filed.
|
|
| Docket Date |
2017-05-02
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion to Supplement Record
|
| Description |
Motion To File Supplemental Record
|
| On Behalf Of |
DEAN DESANTIS
|
|
| Docket Date |
2017-05-02
|
| Type |
Record
|
| Subtype |
Supplemental Record
|
| Description |
Supplemental Records
|
| On Behalf Of |
DEAN DESANTIS
|
|
| Docket Date |
2017-04-19
|
| Type |
Brief
|
| Subtype |
Amended Initial Brief
|
| Description |
Amended Appellant's Initial Brief
|
| On Behalf Of |
DEAN DESANTIS
|
|
| Docket Date |
2017-04-10
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
ORD-Stricken ~ ORDERED that the appellants' initial brief is stricken as not in compliance with Florida Rule of Appellate Procedure 9.210 in that it exceeds fifty (50) pages. An amended brief in compliance with the rules shall be filed within ten (10) days from the date of this order. The time for any responsive briefing shall be tolled until service of this amended brief.
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|
| Docket Date |
2017-04-06
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits ~ **STRICKEN**
|
| On Behalf Of |
DEAN DESANTIS
|
|
| Docket Date |
2017-03-02
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
ORD-Initial Brief to be Served ~ ORDERED that appellants' February 22, 2017 motion for extension of time is granted, and appellants shall serve the initial brief within thirty-five (35) days from the date of this order. 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. Appellant is 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.
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|
| Docket Date |
2017-02-27
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| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ TO MOTION FOR EXTENSION OF TIME TO FILE INITIAL BRIEF
|
| On Behalf Of |
LEO A. VECELLIO, JR.
|
|
| Docket Date |
2017-02-22
|
| 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 |
DEAN DESANTIS
|
|
| Docket Date |
2017-01-23
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
Order Granting EOT for Initial Brief ~ ORDERED that appellants' January 13, 2017 motion for extension of time is granted, and appellant shall serve the initial brief within thirty (30) days from the date of this order. 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 |
2017-01-13
|
| 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 |
DEAN DESANTIS
|
|
| Docket Date |
2017-01-12
|
| Type |
Record
|
| Subtype |
Supplemental Record
|
| Description |
Supplemental Records ~ 1369 PAGES
|
|
| Docket Date |
2017-01-04
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
ORD-Stricken as Unauthorized ~ ORDERED sua sponte that the appellant's December 29, 2016 Notice of Unavailability is stricken as unauthorized.
|
|
| Docket Date |
2016-12-29
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice ~ **STRICKEN** "OF UNAVAILABILITY"
|
| On Behalf Of |
DEAN DESANTIS
|
|
| Docket Date |
2016-11-14
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
| Description |
Notice of Agreed Extension - Initial Brief ~ 60 DAYS TO 01/13/17
|
| On Behalf Of |
DEAN DESANTIS
|
|
| Docket Date |
2016-10-25
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ (8439 PAGES) (RECORD 5- PAGE # IN PDF READER MATCHES ACTUAL PAGE #).
|
|
| Docket Date |
2016-10-24
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ (7094 PAGES) (RECORD 2- PAGE # IN PDF READER MATCHES ACTUAL PAGE #)
|
|
| Docket Date |
2016-08-17
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Grant Extension of Time ~ ORDERED that appellants' August 5, 2016 motion for extension of time is granted, and the time to file the directions to the clerk and the court reporter designation is extended until August 25, 2016.
|
|
| Docket Date |
2016-08-05
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
DEAN DESANTIS
|
|
| Docket Date |
2016-08-05
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time
|
| Description |
Motion for Extension of Time ~ **AMENDED** TO FILE DIRECTIONS TO CLERK AND DESIGNATIONS TO COURT REPORTER.
|
| On Behalf Of |
DEAN DESANTIS
|
|
| Docket Date |
2016-08-04
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time
|
| Description |
Motion for Extension of Time ~ **AMENDED MOTION FILED 8/5/16**TO FILE DIRECTIONS TO CLERK AND DESIGNATIONS TO COURT REPORTER.
|
| On Behalf Of |
DEAN DESANTIS
|
|
| Docket Date |
2016-08-03
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
LEO A. VECELLIO, JR.
|
|
| Docket Date |
2016-08-03
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Deny Extension of Time ~ ORDERED that appellants' July 14, 2016 motion for extension of time to determine completeness and address any deficiencies in record on appeal is denied without prejudice to file a motion for extension of time to file the initial brief.
|
|
| Docket Date |
2016-07-14
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ **REFILED 10/25/16 SO PDF READER MATCHES PAGE NUMBER**(6259 PAGES) ("RECORD 4")
|
| On Behalf Of |
Clerk - Palm Beach
|
|
| Docket Date |
2016-07-14
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time
|
| Description |
Motion for Extension of Time ~ TO DETERMINE COMPLETENESS AND ADDRESS ANY DEFICIENCIES IN RECORD ON APPEAL.
|
| On Behalf Of |
DEAN DESANTIS
|
|
| Docket Date |
2016-07-05
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice ~ OF CHANGE OF FIRM NAME, ETC.
|
| On Behalf Of |
LEO A. VECELLIO, JR.
|
|
| Docket Date |
2016-06-30
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
ORD-Granting Clarification ~ Upon consideration of Addison Construction Corporation, Addison Development Corporation and Danny E. Swanson's May 24, 2016 and June 10, 2016 responses, and Leo A. Vecellio, Jr. and Kathryn C. Vecellio's June 20, 2016 reply, it is ORDERED that Leo A. Vecellio, Jr. and Kathryn C. Vecellio's May 16, 2016 motion to clarify and revise consolidation order is granted. This Court's May 13, 2016 order is clarified to state: ORDERED sua sponte that case number 4D14-4062 is dismissed. The court finds that the amendment to the third amended final judgment is material and the period to appeal began to run from February 11, 2016. Addison Construction Corporation, Addison Development Corporation and Danny E. Swanson shall proceed as the appellants/cross-appellees and Leo A. Vecellio, Jr. and Kathryn C. Vecellio shall proceed as the appellees/cross-appellants in case numbers 4D16-0618 and 4D16-0863. ORDERED that Leo A. Vecellio, Jr. and Kathryn C. Vecellio's May 6, 2016 motion to consolidate is granted in part, and case number 4D16-0863 is consolidated with case number 4D16-0618 for the purpose of designation to the same appellate panel and the use of the same record on appeal.
|
|
| Docket Date |
2016-06-24
|
| Type |
Order
|
| Subtype |
Order Discharging Show Cause Order
|
| Description |
ORD-Discharging Show Cause ~ ORDERED that upon consideration of appellants' response filed June 22, 2016, this court's June 22, 2016 order to show cause is discharged.
|
|
| Docket Date |
2016-06-22
|
| Type |
Order
|
| Subtype |
Show Cause
|
| Description |
Show Cause Lack of Prosecution, Initial Brief ~ **OTSC DISCHARGED 6/24/16** ORDERED that appellants in the above-styled case are directed to show cause in writing, if any there be, on or before July 5, 2016, why the above-styled case should not be dismissed for lack of timely prosecution, in that the appellants' initial brief has not been filed with this court as of this date. Failure to respond to this order will result in a sua sponte dismissal without further notice. If the initial brief is filed within this time, the order to show cause will be considered automatically discharged without further order.
|
|
| Docket Date |
2016-06-22
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response to Order to Show Cause ~ **SEE 6/24/16 ORDER**
|
| On Behalf Of |
DEAN DESANTIS
|
|
| Docket Date |
2016-05-13
|
| Type |
Order
|
| Subtype |
Order on Motion to Consolidate
|
| Description |
ORD-Granting Consolidation ~ ORDERED that appellant's May 6, 2016 motion to consolidate is granted, and case numbers 4D14-4062 and 4D16-0618 are now consolidated for all purposes and are to proceed under the time schedule for a direct appeal and according to the requirements of Florida Rule of Appellate Procedure 9.110, and shall proceed under case number 4D14-4062. Appellant shall file a single initial brief that addresses the issues of both cases. Further, ORDERED that case number 4D16-863 is consolidated with case numbers 4D14-4062 and 4D16-0618 for the purpose of designation to the same appellate panel and the use of the same record on appeal.
|
|
| Docket Date |
2016-05-06
|
| Type |
Motions Other
|
| Subtype |
Motion To Consolidate
|
| Description |
Motion To Consolidate ~ WITH 14-4062 AND 16-618
|
| On Behalf Of |
LEO A. VECELLIO, JR.
|
|
| Docket Date |
2016-04-12
|
| Type |
Order
|
| Subtype |
Order on Motion To Withdraw as Counsel
|
| Description |
ORD-Withdraw as Counsel ~ The March 30, 2016 agreed motion of Richard A. Sherman, Sr., James W. Sherman and Jeffrey A. Blaker, to withdraw as attorney for appellees, Addison Construction Corporation, Addison Development Corporation and Danny E. Swanson is granted. The court notes that Hinda Klein filed a notice of appearance as appellate counsel of record for appellees on March 24, 2016.
|
|
| Docket Date |
2016-03-30
|
| Type |
Motions Relating to Parties and Counsel
|
| Subtype |
Motion To Withdraw as Counsel
|
| Description |
Motion To Withdraw as Counsel
|
| On Behalf Of |
LEO A. VECELLIO, JR.
|
|
| Docket Date |
2016-03-24
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance ~ & DESIGNATION OF EMAIL ADDRESS
|
| On Behalf Of |
LEO A. VECELLIO, JR.
|
|
| Docket Date |
2016-03-17
|
| Type |
Notice
|
| Subtype |
Notice of Cross Appeal
|
| Description |
Notice of Cross Appeal
|
|
| Docket Date |
2016-03-17
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2016-03-15
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
DEAN DESANTIS
|
|
| Docket Date |
2016-03-15
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
|
|
ADDISON CONSTRUCTION CORP., ET AL. VS LEO A. VECELLIO, JR. and KATHRYN C. VECELLIO, et al.
|
4D2016-0618
|
2016-02-25
|
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
2009CA040005XXXXMB
|
Parties
| Name |
DANNY E. SWANSON
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
ADDISON DEVELOPMENT CORP.
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
ADDISON CONSTRUCTION CORP.
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Diane H. Tutt, Hinda Klein
|
|
| Name |
ALFRED CILCIUS
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
PHOENIX ARCHITECTURE, INC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
KATHRYN C. VECELLIO
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
LEO A. VECELLIO, JR.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Ubaldo J. Perez, Allison J. Davis, LISA PACH, Daniel Eric Levin, Robert J. Cousins, Nicholas S. Seamster, CHARLES EDWARD MULLER, Hon. Gerard Joseph Curley, BRIAN ALAN LEBENSBURGER, MARIA KLEIN, Richard A. Chackman, George R. Truitt, Danielle A. Suarez, WILLIAM JOHN MANIKAS, MICHAEL P. O'BRESLY, Roger W. Feicht, Gregor J. Schwinghammer, Daniel A. Thomas, GEOFFREY H. GENTILE, SR., MICHAEL ROGER MOLINE, JESSICA S. FORBES, HOLLY S. HARVEY, Stuart J. Freeman, Jack Joseph Aiello, LEILA MARIEANNE LUGO, ROBERT LAWRENCE POLLACK, KIMBERLY BROWN, Steven J. Chackman, JOHN D RUSSELL, Louis M. Silber, Mark H. Ruff, ROBIN P. KEENER, Mark A. Boyle
|
|
| Name |
Hon. Gregory M. Keyser
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Palm Beach
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2016-07-14
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time
|
| Description |
Motion for Extension of Time ~ TO FILE DIRECTIONS TO CLERK AND DESIGNATIONS TO THE COURT REPORTER
|
| On Behalf Of |
ADDISON CONSTRUCTION CORP.
|
|
| Docket Date |
2017-11-02
|
| Type |
Brief
|
| Subtype |
Cross-Reply Brief
|
| Description |
Appellee/Cross-Appellant's Reply Brief
|
| On Behalf Of |
LEO A. VECELLIO, JR.
|
|
| Docket Date |
2018-05-25
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2018-05-25
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2018-04-30
|
| Type |
Order
|
| Subtype |
Order on Motion for Rehearing
|
| Description |
ORD-Denying Rehearing ~ ORDERED that the appellants' April 13, 2018 motion for rehearing is denied; further, ORDERED that the cross-appellants' April 19, 2018 motion for rehearing is denied.
|
|
| Docket Date |
2018-04-27
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ IN OPPOSITION TO ADDISON DEFENDANTS' MOTION FOR REHEARING
|
| On Behalf Of |
LEO A. VECELLIO, JR.
|
|
| Docket Date |
2018-04-23
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ TO CROSS-APPELLANTS', LEO A. VECELLIO, JR. AND KATHRYN C. VECELLIO, MOTION FOR REHEARING
|
| On Behalf Of |
ADDISON CONSTRUCTION CORP.
|
|
| Docket Date |
2018-04-19
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion for Rehearing
|
| Description |
Motion For Rehearing
|
| On Behalf Of |
LEO A. VECELLIO, JR.
|
|
| Docket Date |
2018-04-13
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion for Rehearing
|
| Description |
Motion For Rehearing
|
| On Behalf Of |
ADDISON CONSTRUCTION CORP.
|
|
| Docket Date |
2018-04-11
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Grant Extension of Time ~ ORDERED that appellees/cross-appellants’ April 9, 2018 motion for extension of time is granted and the time to serve a motion for rehearing or other post-opinion motion is extended to and including April 19, 2018.
|
|
| Docket Date |
2018-04-09
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time
|
| Description |
Motion for Extension of Time ~ TO SERVE MOTION FOR REHEARING OR OTHER POST-OPINION MOTIONS
|
| On Behalf Of |
LEO A. VECELLIO, JR.
|
|
| Docket Date |
2018-04-06
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Grant Extension of Time ~ ORDERED that appellants' April 4, 2018 motion for extension of time is granted. Appellants shall serve their motion for rehearing and/or other post-opinion motions within ten (10) days from the date of this order. Appellees' response contains a conditional motion for enlargement of time to file any available post opinion motions. Appellees' alternative motion for enlargement of time is denied without prejudice to filing a motion which contains proper grounds for such relief.
|
|
| Docket Date |
2018-04-05
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ TO MOTION FOR EXTENSION OF TIME AND CONDITIONAL MOTION FOR EXTENSION
|
| On Behalf Of |
LEO A. VECELLIO, JR.
|
|
| Docket Date |
2018-04-04
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time
|
| Description |
Motion for Extension of Time ~ TO SERVE MOTION FOR REHEARING AND/OR OTHER POST-OPINION MOTIONS
|
| On Behalf Of |
ADDISON CONSTRUCTION CORP.
|
|
| Docket Date |
2018-03-21
|
| Type |
Order
|
| Subtype |
Order on Motion For Attorney's Fees
|
| Description |
Deny Attorney's Fees ~ ORDERED that the appellant/cross-appellee, Danny Swanson's March 29, 2017 motion for attorney's fees is denied.
|
|
| Docket Date |
2018-03-21
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed - Authored Opinion
|
|
| Docket Date |
2018-01-23
|
| Type |
Misc. Events
|
| Subtype |
Oral Argument Date Set
|
| Description |
Oral Argument Date Set ~ 4DCA
|
|
| Docket Date |
2017-11-06
|
| Type |
Order
|
| Subtype |
Order on Motion/Request for Oral Argument
|
| Description |
ORD-Setting Oral Argument ~ This case is set for Oral Argument on January 23, 2018, at 10:00 A.M. for 20 minutes per side. The parties are advised that the oral argument will occur at the new Fourth District Court of Appeal Courthouse at 110 S. Tamarind Avenue, West Palm Beach, FL 33401. The court calendars can be viewed on this court's website at HYPERLINK "http://www.4dca.org" www.4dca.org. Attorneys not registered with this court’s eDCA and pro se parties are required to file a "Notice of Receipt of Oral Argument" within ten (10) days from the date of this order, acknowledging they have received this order.
|
|
| Docket Date |
2017-11-02
|
| Type |
Notice
|
| Subtype |
Notice of Supplemental Authority
|
| Description |
Notice of Supplemental Authority
|
| On Behalf Of |
ADDISON CONSTRUCTION CORP.
|
|
| Docket Date |
2017-10-17
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Cross-Reply Brief
|
| Description |
Notice of Agreed Extension - Cross-Reply Brief ~ 10 DAYS TO 11/3/17.
|
| On Behalf Of |
LEO A. VECELLIO, JR.
|
|
| Docket Date |
2017-09-29
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant's Reply Brief ~ AND ANSWER BRIEF ON CROSS-APPEAL
|
| On Behalf Of |
ADDISON CONSTRUCTION CORP.
|
|
| Docket Date |
2017-09-19
|
| 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/cross-appellees' September 15, 2017 motion for extension of time is granted, and appellant/cross-appellees shall serve the reply/cross-answer brief within ten (10) 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 |
2017-09-15
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Reply Brief
|
| Description |
Mot. for Extension of Time to File Reply Brief ~ CROSS ANSWER
|
| On Behalf Of |
ADDISON CONSTRUCTION CORP.
|
|
| Docket Date |
2017-09-01
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Reply Brief
|
| Description |
Notice of Agreed Extension - Reply Brief ~ 4 DAYS TO 09/11/2017
|
| On Behalf Of |
ADDISON CONSTRUCTION CORP.
|
|
| Docket Date |
2017-07-24
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Reply Brief
|
| Description |
Notice of Agreed Extension - Reply Brief ~ 45 DAYS TO 9/7/17
|
| On Behalf Of |
ADDISON CONSTRUCTION CORP.
|
|
| Docket Date |
2017-06-29
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief ~ AND CROSS-INITIAL BRIEF OF LEO A. VECELLIO, JR. AND KATHRYN C. VECELLIO
|
| On Behalf Of |
LEO A. VECELLIO, JR.
|
|
| Docket Date |
2017-06-29
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion/Request for Oral Argument
|
| Description |
Request for Oral Argument
|
| On Behalf Of |
LEO A. VECELLIO, JR.
|
|
| Docket Date |
2017-06-29
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Brief ~ TO ANSWER BRIEF AND CROSS-INITIAL BRIEF OF LEO A. VECELLIO, JR. AND KATHRYN C. VECELLIO
|
| On Behalf Of |
LEO A. VECELLIO, JR.
|
|
| Docket Date |
2017-05-31
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
| Description |
Notice of Agreed Extension - Answer Brief ~ 21 DAYS TO 6/29/17
|
| On Behalf Of |
LEO A. VECELLIO, JR.
|
|
| Docket Date |
2017-04-18
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
| Description |
Notice of Agreed Extension - Answer Brief ~ 45 DAYS TO 6/8/17
|
| On Behalf Of |
LEO A. VECELLIO, JR.
|
|
| Docket Date |
2017-03-29
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
ADDISON CONSTRUCTION CORP.
|
|
| Docket Date |
2017-03-29
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion/Request for Oral Argument
|
| Description |
Request for Oral Argument
|
| On Behalf Of |
ADDISON CONSTRUCTION CORP.
|
|
| Docket Date |
2017-03-29
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
|
| On Behalf Of |
ADDISON CONSTRUCTION CORP.
|
|
| Docket Date |
2017-03-09
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
ORD-Initial Brief to be Served ~ Upon consideration of appellees' February 27, 2017 response, it is ORDERED that appellants' February 27, 2017 motion for extension of time is granted in part, and appellants shall serve the initial brief within twenty (20) days from the date of this order. 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. Appellant is 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.
|
|
| Docket Date |
2017-02-27
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ TO MOTION FOR EXTENSION OF TIME TO FILE INITIAL BRIEF
|
| On Behalf Of |
LEO A. VECELLIO, JR.
|
|
| Docket Date |
2017-02-27
|
| 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 |
ADDISON CONSTRUCTION CORP.
|
|
| Docket Date |
2017-01-26
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
Order Granting EOT for Initial Brief ~ ORDERED that appellants' January 13, 2017 motion for extension of time to serve initial brief is granted, and appellants shall serve the initial brief within thirty (30) days from the date of this order. 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 |
2017-01-13
|
| 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 |
ADDISON CONSTRUCTION CORP.
|
|
| Docket Date |
2017-01-12
|
| Type |
Record
|
| Subtype |
Supplemental Record
|
| Description |
Supplemental Records ~ 1369 PAGES
|
|
| Docket Date |
2016-11-14
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
| Description |
Notice of Agreed Extension - Initial Brief ~ 60 DAYS TO 1/13/17
|
| On Behalf Of |
ADDISON CONSTRUCTION CORP.
|
|
| Docket Date |
2016-10-25
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ (3250 PAGES) (RECORD 7- PAGE # IN PDF READER MATCHES ACTUAL PAGE #)
|
|
| Docket Date |
2016-10-25
|
| Type |
Order
|
| Subtype |
Order on Motion to Withdraw Filing
|
| Description |
ORD-To Withdraw Pleadings ~ Upon consideration of appellants' October 20, 2016 notice of withdrawal, it is ORDERED that appellants' October 11, 2016 motion to permit court reporter to file CD-ROM of transcripts in this court is considered withdrawn.
|
|
| Docket Date |
2016-10-24
|
| Type |
Record
|
| Subtype |
Transcript
|
| Description |
Transcript Received ~ (5042 PAGES)
|
| On Behalf Of |
Clerk - Palm Beach
|
|
| Docket Date |
2016-10-20
|
| Type |
Motions Other
|
| Subtype |
Motion to Withdraw Filing
|
| Description |
Motion To Withdraw Pleadings ~ (NOTICE OF WITHDRAWAL OF AA'S MOTION TO PERMIT COURT REPORTER TO FILE CD-ROM OF TRANSCRIPTS IN THIS COURT)
|
| On Behalf Of |
ADDISON CONSTRUCTION CORP.
|
|
| Docket Date |
2016-10-11
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
Miscellaneous Motion ~ **MOTION WITHDRAWN - SEE 10/25/16 ORDER** TO PERMIT COURT REPORTER TO FILE CD-ROM OF TRANSCRIPTS IN THIS COURT
|
| On Behalf Of |
ADDISON CONSTRUCTION CORP.
|
|
| Docket Date |
2016-08-05
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
|
| Docket Date |
2016-07-27
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
ADDISON CONSTRUCTION CORP.
|
|
| Docket Date |
2016-07-26
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Ord-Extending Directions & Designations ~ ORDERED that appellants' July 14, 2016 motion for extension of time is granted, and the time to file the directions to the clerk and the court reporter designation is extended thirty (30) days from the date of this order.
|
|
| Docket Date |
2016-07-14
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ **REFILED 10/24/16 SO PDF READER MATCHES PAGE NUMBER**(5390 PAGES) ("RECORD 3")
|
|
| Docket Date |
2016-02-25
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
| Docket Date |
2016-07-05
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice ~ OF CHANGE OF FIRM NAME, ETC.
|
| On Behalf Of |
LEO A. VECELLIO, JR.
|
|
| Docket Date |
2016-06-30
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
ORD-Granting Clarification ~ Upon consideration of Addison Construction Corporation, Addison Development Corporation and Danny E. Swanson's May 24, 2016 and June 10, 2016 responses, and Leo A. Vecellio, Jr. and Kathryn C. Vecellio's June 20, 2016 reply, it is ORDERED that Leo A. Vecellio, Jr. and Kathryn C. Vecellio's May 16, 2016 motion to clarify and revise consolidation order is granted. This Court's May 13, 2016 order is clarified to state: ORDERED sua sponte that case number 4D14-4062 is dismissed. The court finds that the amendment to the third amended final judgment is material and the period to appeal began to run from February 11, 2016. Addison Construction Corporation, Addison Development Corporation and Danny E. Swanson shall proceed as the appellants/cross-appellees and Leo A. Vecellio, Jr. and Kathryn C. Vecellio shall proceed as the appellees/cross-appellants in case numbers 4D16-0618 and 4D16-0863. ORDERED that Leo A. Vecellio, Jr. and Kathryn C. Vecellio's May 6, 2016 motion to consolidate is granted in part, and case number 4D16-0863 is consolidated with case number 4D16-0618 for the purpose of designation to the same appellate panel and the use of the same record on appeal.
|
|
| Docket Date |
2016-06-03
|
| Type |
Order
|
| Subtype |
Order to File Response
|
| Description |
ORD-Appellee to File Response ~ ORDERED that appellees are directed to file, within ten (10) days from the date of this order, a supplemental response to appellants' May 16, 2016 motion to clarify and revise consolidation order. Appellees shall specifically address whether the issue(s) in case number 4D14-4062 are also fully addressed in case number 4D16-0618 such that case number 4D14-4062 could be dismissed. Appellants may file a reply within ten (10) days of service of the supplemental response.
|
|
| Docket Date |
2016-05-13
|
| Type |
Order
|
| Subtype |
Order on Motion to Consolidate
|
| Description |
ORD-Granting Consolidation ~ **THIS ORDER CLARIFIED - SEE 6/30/16 ORDER** ORDERED that appellant's May 6, 2016 motion to consolidate is granted, and case numbers 4D14-4062 and 4D16-0618 are now consolidated for all purposes and are to proceed under the time schedule for a direct appeal and according to the requirements of Florida Rule of Appellate Procedure 9.110, and shall proceed under case number 4D14-4062. Appellant shall file a single initial brief that addresses the issues of both cases. Further, ORDERED that case number 4D16-863 is consolidated with case numbers 4D14-4062 and 4D16-0618 for the purpose of designation to the same appellate panel and the use of the same record on appeal.
|
|
| Docket Date |
2016-05-06
|
| Type |
Motions Other
|
| Subtype |
Motion To Consolidate
|
| Description |
Motion To Consolidate ~ 14-4062 AND 16-863
|
| On Behalf Of |
LEO A. VECELLIO, JR.
|
|
| Docket Date |
2016-04-06
|
| Type |
Order
|
| Subtype |
Order on Motion To Withdraw as Counsel
|
| Description |
ORD-Withdraw as Counsel ~ The March 30, 2016 agreed motion of Richard A. Sherman, Sr. and Jeffrey A. Blaker, to withdraw as attorney for appellants, is granted. The court notes that Hinda Klein filed a notice of appearance as appellate counsel of record for appellants on March 24, 2016.
|
|
| Docket Date |
2016-03-30
|
| Type |
Motions Relating to Parties and Counsel
|
| Subtype |
Motion To Withdraw as Counsel
|
| Description |
Motion To Withdraw as Counsel
|
| On Behalf Of |
ADDISON CONSTRUCTION CORP.
|
|
| Docket Date |
2016-03-24
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance ~ & DESIGNATION OF EMAIL ADDRESS
|
| On Behalf Of |
ADDISON CONSTRUCTION CORP.
|
|
| Docket Date |
2016-03-18
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response
|
| On Behalf Of |
LEO A. VECELLIO, JR.
|
|
| Docket Date |
2016-03-16
|
| Type |
Notice
|
| Subtype |
Notice of Cross Appeal
|
| Description |
Notice of Cross Appeal ~ CERT. COPY FILED 3/10/16 (WITH FEE)
|
|
| Docket Date |
2016-03-08
|
| Type |
Motions Other
|
| Subtype |
Motion To Dismiss
|
| Description |
Motion To Dismiss
|
| On Behalf Of |
ADDISON CONSTRUCTION CORP.
|
|
| Docket Date |
2016-02-26
|
| 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 |
2016-02-26
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2016-02-25
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
ADDISON CONSTRUCTION CORP.
|
|
|
|
LEO A. VECELLIO, JR. AND KATHRYN C. VECELLIO VS ADDISON CONSTRUCTION CORP etc., et al.
|
4D2014-4062
|
2014-10-23
|
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
2009CA040005XXXXMB
|
Parties
| Name |
KATHRYN C. VECELLIO
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
LEO A. VECELLIO, JR.
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Hon. Gerard Joseph Curley, Mark A. Boyle, Jack Joseph Aiello, GEOFFREY H. GENTILE, SR., Daniel A. Thomas, Gregor J. Schwinghammer
|
|
| Name |
ADDISON CONSTRUCTION CORP.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
MICHAEL ROGER MOLINE, Mark H. Ruff, Ubaldo J. Perez, ROBIN P. KEENER, LISA PACH, Danielle A. Suarez, Steven J. Chackman, KIMBERLY BROWN, Daniel Eric Levin, LEILA MARIEANNE LUGO, JESSICA S. FORBES, Allison J. Davis, Richard A. Chackman, CHARLES EDWARD MULLER, ROBERT LAWRENCE POLLACK, BRIAN ALAN LEBENSBURGER, HOLLY S. HARVEY, George R. Truitt, ALFRED CILCIUS, Louis M. Silber, GREG A. GIDUS, MICHAEL P. O'BRESLY, JOHN D RUSSELL, Nicholas S. Seamster, Hinda Klein, MARIA KLEIN, Stuart J. Freeman, Robert J. Cousins
|
|
| Name |
DEAN DESANTIS
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
LAURA DESANTIS
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
BLADE WINDOW & DOOR CO.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
NATIONWIDE MUTUAL FIRE INS. CO
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
DANNY E. SWANSON
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
CRUM & FORSTER SPECIALTY INSUR
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
CONTINENTAL CASUALTY COMPANY
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
DEERFIELD BUILDERS SUPPLY CO.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
ADDISON DEVELOPMENT CORP.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
PHOENIX ARCHITECTURE, INC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
PENNSYLVANIA LUMBERMENS MUTUAL
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
EAGLE WINDOW & DOOR LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
GULFSTREAM ROOFING, INC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Hon. Gregory M. Keyser
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Palm Beach
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2015-05-29
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Grant Extension of Time ~ ORDERED that appellants' motion for extension of time, included in the May 22, 2015 status report, is granted and the abatement period is extended sixty (60) days from the date of the entry of this order.
|
|
| Docket Date |
2016-06-30
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
ORD-Granting Clarification ~ Upon consideration of Addison Construction Corporation, Addison Development Corporation and Danny E. Swanson's May 24, 2016 and June 10, 2016 responses, and Leo A. Vecellio, Jr. and Kathryn C. Vecellio's June 20, 2016 reply, it is ORDERED that Leo A. Vecellio, Jr. and Kathryn C. Vecellio's May 16, 2016 motion to clarify and revise consolidation order is granted. This Court's May 13, 2016 order is clarified to state: ORDERED sua sponte that case number 4D14-4062 is dismissed. The court finds that the amendment to the third amended final judgment is material and the period to appeal began to run from February 11, 2016. Addison Construction Corporation, Addison Development Corporation and Danny E. Swanson shall proceed as the appellants/cross-appellees and Leo A. Vecellio, Jr. and Kathryn C. Vecellio shall proceed as the appellees/cross-appellants in case numbers 4D16-0618 and 4D16-0863. ORDERED that Leo A. Vecellio, Jr. and Kathryn C. Vecellio's May 6, 2016 motion to consolidate is granted in part, and case number 4D16-0863 is consolidated with case number 4D16-0618 for the purpose of designation to the same appellate panel and the use of the same record on appeal.
|
|
| Docket Date |
2016-06-30
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Judge ~ 14-4062 IS SUA SPONTE DISMISSED
|
|
| Docket Date |
2016-06-20
|
| Type |
Response
|
| Subtype |
Reply to Response
|
| Description |
Reply to Response ~ **SEE 6/30/16 ORDER**
|
| On Behalf Of |
LEO A. VECELLIO, JR.
|
|
| Docket Date |
2016-06-10
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ **SUPPLEMENTAL** **SEE 6/30/16 ORDER**
|
| On Behalf Of |
ADDISON CONSTRUCTION CORP.
|
|
| Docket Date |
2016-06-03
|
| Type |
Order
|
| Subtype |
Order to File Response
|
| Description |
ORD-Appellee to File Response ~ **SUPPLEMENTAL RESPONSE**ORDERED that appellees are directed to file, within ten (10) days from the date of this order, a supplemental response to appellants' May 16, 2016 motion to clarify and revise consolidation order. Appellees shall specifically address whether the issue(s) in case number 4D14-4062 are also fully addressed in case number 4D16-0618 such that case number 4D14-4062 could be dismissed. Appellants may file a reply within ten (10) days of service of the supplemental response.
|
|
| Docket Date |
2016-05-24
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ TO MOTION TO CLARIFY, ETC. **SEE 6/30/16 ORDER**
|
| On Behalf Of |
ADDISON CONSTRUCTION CORP.
|
|
| Docket Date |
2016-05-16
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion For Clarification
|
| Description |
Motion for Clarification
|
| On Behalf Of |
LEO A. VECELLIO, JR.
|
|
| Docket Date |
2016-05-13
|
| Type |
Order
|
| Subtype |
Order on Motion to Consolidate
|
| Description |
ORD-Granting Consolidation ~ **THIS ORDER CLARIFIED - SEE 6/30/16 ORDER** ORDERED that appellant's May 6, 2016 motion to consolidate is granted, and case numbers 4D14-4062 and 4D16-0618 are now consolidated for all purposes and are to proceed under the time schedule for a direct appeal and according to the requirements of Florida Rule of Appellate Procedure 9.110, and shall proceed under case number 4D14-4062. Appellant shall file a single initial brief that addresses the issues of both cases. Further, ORDERED that case number 4D16-863 is consolidated with case numbers 4D14-4062 and 4D16-0618 for the purpose of designation to the same appellate panel and the use of the same record on appeal.
|
|
| Docket Date |
2016-05-06
|
| Type |
Motions Other
|
| Subtype |
Motion To Consolidate
|
| Description |
Motion To Consolidate ~ WITH 16-618 AND 16-863
|
| On Behalf Of |
LEO A. VECELLIO, JR.
|
|
| Docket Date |
2016-04-06
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
Initial Brief to be Filed in Court ~ ORDERED that appellants' request for extension of time, contained in the March 8, 2016 status report, is denied in light of the motion to dismiss the appeal of the order granting entitlement to attorneys' fees. Further ORDERED, sua sponte, that case numbers 4D14-4062 and 4D16-618 are now consolidated for purposes of assignment to the same panel. Appellants shall file their initial brief within forty-five (45) days from the date of this order.
|
|
| Docket Date |
2016-03-30
|
| Type |
Motions Relating to Parties and Counsel
|
| Subtype |
Motion To Withdraw as Counsel
|
| Description |
Motion To Withdraw as Counsel
|
| On Behalf Of |
ADDISON CONSTRUCTION CORP.
|
|
| Docket Date |
2016-03-24
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance ~ & DESIGNATION OF EMAIL ADDRESS
|
| On Behalf Of |
ADDISON CONSTRUCTION CORP.
|
|
| Docket Date |
2016-03-16
|
| Type |
Notice
|
| Subtype |
Notice of Cross Appeal
|
| Description |
Notice of Cross Appeal ~ ***FILED IN CASE NUMBER 16-618***
|
| On Behalf Of |
LEO A. VECELLIO, JR.
|
|
| Docket Date |
2016-03-10
|
| Type |
Notice
|
| Subtype |
Amended Notice of Appeal
|
| Description |
Amended Notice of Appeal ~ (SECOND)
|
| On Behalf Of |
LEO A. VECELLIO, JR.
|
|
| Docket Date |
2016-03-08
|
| Type |
Misc. Events
|
| Subtype |
Status Report
|
| Description |
Status Report ~ RE: ABATEMENT **SEE 4/6/16 ORDER**
|
| On Behalf Of |
LEO A. VECELLIO, JR.
|
|
| Docket Date |
2016-01-08
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Grant Extension of Time ~ ORDERED that appellants' request for extension of time, contained in the January 4, 2016 status report, is granted and the present abatement is extended for sixty (60) days from the date of the entry of this order to allow for the entry of the remaining orders.
|
|
| Docket Date |
2016-01-05
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice ~ TO BE REMOVED FROM SERVICE LIST
|
| On Behalf Of |
ADDISON CONSTRUCTION CORP.
|
|
| Docket Date |
2016-01-04
|
| Type |
Misc. Events
|
| Subtype |
Status Report
|
| Description |
Status Report ~ **SEE 1/8/16 ORDER**
|
| On Behalf Of |
LEO A. VECELLIO, JR.
|
|
| Docket Date |
2015-11-03
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Grant Extension of Time ~ ORDERED that appellants' motion for extension of time, included in the October 7 and October 26, 2015 status reports, is granted and the abatement period is extended sixty (60) days from the date of the entry of this order.
|
|
| Docket Date |
2015-10-26
|
| Type |
Misc. Events
|
| Subtype |
Status Report
|
| Description |
Status Report ~ *AND* REQUEST FOR A 60-DAY ABATEMENT
|
| On Behalf Of |
LEO A. VECELLIO, JR.
|
|
| Docket Date |
2015-10-14
|
| Type |
Order
|
| Subtype |
Order to File Status Report
|
| Description |
Order to File Status Report ~ Since this appeal was abated on October 31, 2014, this court has granted four (4) extensions of time of the abatement period. The appeal has now been abated for almost a year. Appellants' October 7, 2015 status report includes a request for an additional sixty (60) day extension of the abatement period. In light of the foregoing, it is ORDERED that appellants shall file a supplemental status report with this court, within ten (10) days from the date of this order, setting forth specifically what matters remain pending, what matters have been resolved, and a proposed time period for the resolution of all issued in the trial court so that this appeal may proceed. The court defers ruling on the motion for extension of the abatement period pending receipt of the supplemental status report.
|
|
| Docket Date |
2015-10-07
|
| Type |
Misc. Events
|
| Subtype |
Status Report
|
| Description |
Status Report ~ *AND* MOTION FOR EXT. OF TIME (INCLUDED IN PARAGRAPH 1)
|
| On Behalf Of |
LEO A. VECELLIO, JR.
|
|
| Docket Date |
2015-10-07
|
| Type |
Order
|
| Subtype |
Order to File Status Report
|
| Description |
Order to File Status Report ~ ORDERED that the appellants are directed to file a status report within five (5) days from the date of this order regarding the abatement period.
|
|
| Docket Date |
2015-07-29
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Grant Extension of Time ~ ORDERED that appellants' motion for extension of time, included in the July 27, 2015 status report, is granted and the abatement period is extended sixty (60) days from the date of the entry of this order.
|
|
| Docket Date |
2015-07-29
|
| Type |
Notice
|
| Subtype |
Notice of Change of Address
|
| Description |
Notice of Change of Address
|
| On Behalf Of |
ADDISON CONSTRUCTION CORP.
|
|
| Docket Date |
2015-07-27
|
| Type |
Misc. Events
|
| Subtype |
Status Report
|
| Description |
Status Report ~ RE: ABATEMENT
|
| On Behalf Of |
LEO A. VECELLIO, JR.
|
|
| Docket Date |
2015-05-22
|
| Type |
Misc. Events
|
| Subtype |
Status Report
|
| Description |
Status Report ~ *AND* REQUEST FOR EXT. OF TIME
|
| On Behalf Of |
LEO A. VECELLIO, JR.
|
|
| Docket Date |
2015-05-21
|
| Type |
Order
|
| Subtype |
Order to File Status Report
|
| Description |
Order to File Status Report ~ ORDERED that the appellants are directed to file a status report within ten (10) days from the date of this order regarding the abatement period.
|
|
| Docket Date |
2015-03-11
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Grant Extension of Time ~ ORDERED that the appellants' motion for extension, included in the status report filed March 9, 2015 is granted and the abatement period is hereby continued for sixty (60) days in order to allow for entry of the remaining orders. Appellants shall file a status report on or before the conclusion of the abatement period.
|
|
| Docket Date |
2015-03-09
|
| Type |
Misc. Events
|
| Subtype |
Status Report
|
| Description |
Status Report
|
| On Behalf Of |
LEO A. VECELLIO, JR.
|
|
| Docket Date |
2015-01-06
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Grant Extension of Time ~ ORDERED that the appellants' motion for extension, included in the status report filed December 31, 2014, is granted and the abatement period is hereby continued for sixty (60) days in order to allow for the entry of the remaining orders. Appellants shall file a status report on or before the conclusion of the abatement period.
|
|
| Docket Date |
2014-12-30
|
| Type |
Misc. Events
|
| Subtype |
Status Report
|
| Description |
Status Report ~ RE: ABATEMENT *AND* MOTION FOR EXT. OF TIME
|
| On Behalf Of |
LEO A. VECELLIO, JR.
|
|
| Docket Date |
2014-12-03
|
| Type |
Notice
|
| Subtype |
Notice of Cross Appeal
|
| Description |
Notice of Cross Appeal ~ (AMENDED)
|
|
| Docket Date |
2014-11-26
|
| Type |
Misc. Events
|
| Subtype |
Miscellaneous Docket Entry
|
| Description |
Miscellaneous Entry/Document ~ COPY OF AMENDED NOTICE OF CROSS-APPEAL-PER EMAIL ATTORNEY ALSO FILED IT IN THE L.T. AE Richard A. Sherman 0184170
|
|
| Docket Date |
2014-11-25
|
| Type |
Notice
|
| Subtype |
Amended Notice of Appeal
|
| Description |
Amended Notice of Appeal
|
| On Behalf Of |
LEO A. VECELLIO, JR.
|
|
| Docket Date |
2014-10-31
|
| Type |
Order
|
| Subtype |
Order on Motion To Abate
|
| Description |
ORD-Grant Motion to Abate ~ ORDERED that the appellants' motion to temporarily abate appeal filed October 28, 2014 is granted. This appeal is held in abeyance for sixty (60) days from the date of this order extending the deadline for the designation of the record and the transcript.
|
|
| Docket Date |
2014-10-29
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
ORD-Pay filing Fee - Cross-Appeal - 10 days ~ A Notice of Cross-Appeal was filed in the lower tribunal on October 27, 2014. The $295.00 filing fee, or a circuit court clerk's determination of indigent status, did not accompany the Notice of Cross-Appeal as required by section 35.22(3)(b), Florida Statutes (2009) and Florida Rules of Appellate Procedure 9.110(b). The filing fee is due and payable at the time of filing REGARDLESS OF WHETHER THE CROSS-APPEAL IS LATER DISMISSED VOLUNTARILY OR ADVERSELY.ORDERED, appellee/cross-appellant shall pay the $295.00 filing fee or file the circuit court clerk's determination of indigent status in this Court within ten (10) days from the date of the entry of this order. Failure to comply within the time prescribed will result in dismissal of the cross-appeal 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 cross-appeal has a duty to tender the filing fee to the appellate court when the cross-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.
|
|
| Docket Date |
2014-10-28
|
| Type |
Motions Other
|
| Subtype |
Motion To Abate
|
| Description |
Motion To Abate ~ *OR, IN THE ALTERNATIVE* FOR EXT. OF TIME TO DESIGNATE THE RECORD AND TRANSCRIPT
|
| On Behalf Of |
LEO A. VECELLIO, JR.
|
|
| Docket Date |
2014-10-28
|
| Type |
Notice
|
| Subtype |
Notice of Cross Appeal
|
| Description |
Notice of Cross Appeal ~ CERT. COPY FILED 10/27/14 (NO FEE)
|
|
| Docket Date |
2014-10-27
|
| Type |
Notice
|
| Subtype |
Notice of Cross Appeal
|
| Description |
Notice of Cross Appeal
|
| On Behalf Of |
ADDISON CONSTRUCTION CORP.
|
|
| Docket Date |
2014-10-24
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2014-10-24
|
| 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, 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 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 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. 4DCA 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 |
2014-10-23
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
LEO A. VECELLIO, JR.
|
|
| Docket Date |
2014-10-23
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
|
|
LEO A. VECELLIO, JR. and KATHRYN C. VECELLIO VS ADDISON CONSTRUCTION CORP., etc. et al.
|
4D2014-3457
|
2014-09-15
|
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
2009CA040005XXXXMB
|
Parties
| Name |
LEO A. VECELLIO, JR.
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Daniel A. Thomas, Mark A. Boyle, Hon. Gerard Joseph Curley, Gregor J. Schwinghammer, GEOFFREY H. GENTILE, SR., Jack Joseph Aiello
|
|
| Name |
KATHRYN C. VECELLIO
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
DEERFIELD BUILDERS SUPPLY CO.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
CONTINENTAL CASUALTY COMPANY
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
LAURA DESANTIS
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
PENNSYLVANIA LUMBERMENS MUTUAL
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
PHOENIX ARCHITECTURE, INC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
NATIONWIDE MUTUAL FIRE INS. CO
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
CRUM & FORSTER SPECIALTY INSUR
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
EAGLE WINDOW & DOOR LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
ADDISON CONSTRUCTION CORP.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
George R. Truitt, Danielle A. Suarez, CHARLES EDWARD MULLER, Mark H. Ruff, JOHN D RUSSELL, Ubaldo J. Perez, MICHAEL ROGER MOLINE, MICHAEL P. O'BRESLY, Jeffrey Alan Blaker, HOLLY S. HARVEY, JESSICA S. FORBES, ALFRED CILCIUS, KIMBERLY BROWN, ROBIN P. KEENER, Daniel Eric Levin, BRIAN ALAN LEBENSBURGER, Steven J. Chackman, RICHARD A. SHERMAN, ROBERT LAWRENCE POLLACK, Louis M. Silber, Richard A. Chackman, Robert J. Cousins, Nicholas S. Seamster, LISA PACH, LEILA MARIEANNE LUGO, MARIA KLEIN, Stuart J. Freeman, Allison J. Davis, GREG A. GIDUS, James Sherman (DNU)
|
|
| Name |
BLADE WINDOW & DOOR CO.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
DANNY E. SWANSON
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
ADDISON DEVELOPMENT CORP.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
DEAN DESANTIS
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
GULFSTREAM ROOFING, INC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Hon. Gregory M. Keyser
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Palm Beach
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2016-01-25
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
Order Granting Voluntary Dismissal ~ Pursuant to the January 22, 2016 joint stipulation for dismissal, this case is dismissed.
|
|
| Docket Date |
2016-01-25
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Clerk
|
|
| Docket Date |
2016-01-22
|
| Type |
Motions Other
|
| Subtype |
Motion/Notice Voluntary Dismissal
|
| Description |
Notice of Voluntary Dismissal ~ (JOINT STIPULATION)
|
| On Behalf Of |
LEO A. VECELLIO, JR.
|
|
| Docket Date |
2016-01-13
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Grant Extension of Time ~ ORDERED that appellants' January 4, 2016 motion for extension of the abatementperiod is granted. Appellants shall either file a notice of voluntary dismissal or a status reportwithin thirty (30) days.
|
|
| Docket Date |
2016-01-04
|
| Type |
Misc. Events
|
| Subtype |
Status Report
|
| Description |
Status Report ~ RE: ABATEMENT
|
| On Behalf Of |
LEO A. VECELLIO, JR.
|
|
| Docket Date |
2015-12-03
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Grant Extension of Time ~ ORDERED that appellants' November 20, 2015 motion for extension of the abatement period is granted. Appellants shall either file a notice of voluntary dismissal or a status report within thirty (30) days.
|
|
| Docket Date |
2015-11-20
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time
|
| Description |
Motion for Extension of Time
|
| On Behalf Of |
LEO A. VECELLIO, JR.
|
|
| Docket Date |
2015-09-21
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Grant Extension of Time ~ ORDERED that appellants' motion for extension of time, included in the September 15, 2015 status report, is granted and the abatement period is extended sixty (60) days from the date of this order. Unless a notice of voluntary dismissal is filed, appellants shall file a statusreport with this court on or before the expiration of the abatement period.
|
|
| Docket Date |
2015-09-15
|
| Type |
Misc. Events
|
| Subtype |
Status Report
|
| Description |
Status Report
|
| On Behalf Of |
LEO A. VECELLIO, JR.
|
|
| Docket Date |
2015-09-08
|
| Type |
Order
|
| Subtype |
Order to File Status Report
|
| Description |
Order to File Status Report ~ ORDERED that the appellant is directed to file a status report within ten (10) days from the date of this order.
|
|
| Docket Date |
2015-07-29
|
| Type |
Notice
|
| Subtype |
Notice of Change of Address
|
| Description |
Notice of Change of Address
|
| On Behalf Of |
ADDISON CONSTRUCTION CORP.
|
|
| Docket Date |
2015-06-26
|
| Type |
Order
|
| Subtype |
Order on Miscellaneous Motion
|
| Description |
Grant Miscellaneous Motion ~ ORDERED that appellants' motion for extension of time, included in the June 23, 2015 status report, is granted and the abatement period is extended sixty (60) days from the date of this order. Unless a notice of voluntary dismissal is filed, appellants shall file a status report with this court on or before the expiration of the abatement period.
|
|
| Docket Date |
2015-06-23
|
| Type |
Misc. Events
|
| Subtype |
Status Report
|
| Description |
Status Report
|
| On Behalf Of |
LEO A. VECELLIO, JR.
|
|
| Docket Date |
2015-04-24
|
| Type |
Order
|
| Subtype |
Order on Motion To Abate
|
| Description |
ORD-Grant Motion to Abate ~ ORDERED that the appellants' motion, included in the response filed April 17, 2015, for extension is granted and the abatement period shall continue sixty (60) days from the date of the entry of this order. Appellants are hereby notified to file a status report on or before the expiration of the abatement period.
|
|
| Docket Date |
2015-04-17
|
| Type |
Misc. Events
|
| Subtype |
Status Report
|
| Description |
Status Report ~ RE: ABATMENT *AND* MOTION FOR EXT. OF TIME
|
| On Behalf Of |
LEO A. VECELLIO, JR.
|
|
| Docket Date |
2015-02-18
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Grant Extension of Time ~ ORDERED that the appellants' motion for extension of time, included in the status report filed February 10, 2015, is granted and the abatement period is hereby extended sixty (60) days from the date of the entry of this order.
|
|
| Docket Date |
2015-02-10
|
| Type |
Misc. Events
|
| Subtype |
Status Report
|
| Description |
Status Report ~ RE: ABATEMENT *AND* MOTION FOR EXT. OF TIME (M/EOT GRANTED 2/18/15)
|
| On Behalf Of |
LEO A. VECELLIO, JR.
|
|
| Docket Date |
2014-12-12
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Grant Extension of Time ~ ORDERED that the appellants' motion for extension, included in the amended status report filed December 5, 2014, is granted and the abatement period is hereby extended sixty (60) days from the date of the entry of this order.
|
|
| Docket Date |
2014-12-05
|
| Type |
Misc. Events
|
| Subtype |
Status Report
|
| Description |
Status Report ~ (AMENDED) *AND* MOTION FOR EXT. OF TIME FOR ABATEMENT PERIOD
|
| On Behalf Of |
LEO A. VECELLIO, JR.
|
|
| Docket Date |
2014-12-05
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Order denying EOT w/out prejudice 9.300(a) ~ ORDERED that appellants' motion for extension, included in the status report filed November 24, 2014, is hereby denied without prejudice for failure to comply with Florida Rule of Appellate Procedure 9.300(a). See also this court's Notice to Attorneys and Parties, Paragraphs 1 and 2.
|
|
| Docket Date |
2014-11-24
|
| Type |
Misc. Events
|
| Subtype |
Status Report
|
| Description |
Status Report ~ *AND* EXT. OF TIME FOR ABATEMENT PERIOD
|
| On Behalf Of |
LEO A. VECELLIO, JR.
|
|
| Docket Date |
2014-09-26
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance ~ DESIGNATION OF EMAIL ADDRESSES
|
| On Behalf Of |
ADDISON CONSTRUCTION CORP.
|
|
| Docket Date |
2014-09-24
|
| Type |
Order
|
| Subtype |
Order on Motion To Abate
|
| Description |
ORD-Grant Motion to Abate ~ ORDERED that the appellants' motion to temporarily abate appeal filed September 19, 2014, is hereby granted, and the above-styled appeal is hereby abated for sixty (60) days from the date of this order to allow for the entry of the remaining final orders. Appellants are hereby directed to file a status report, in this court, on or before the expiration of the abatement period.
|
|
| Docket Date |
2014-09-19
|
| Type |
Motions Other
|
| Subtype |
Motion To Abate
|
| Description |
Motion To Abate ~ *OR IN THE ALTERNATIVE* FOR EXT. OF TIME TO DESIGNATE THE RECORD AND TRANSCRIPT.
|
| On Behalf Of |
LEO A. VECELLIO, JR.
|
|
| Docket Date |
2014-09-17
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2014-09-15
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed ~ Deerfield Builders Supply
|
| On Behalf Of |
LEO A. VECELLIO, JR.
|
|
| Docket Date |
2014-09-15
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
|
