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United States Court Cases

Florida Fourth District Court Of Appeals

HDZ BUILDERS INC vs COURTYARD GARDENS OF BOYNTON BEACH LLC

Date Docketed Description Filed By Notes
08/13/2021 Petition for Certiorari Filed Alexander E. Barthet 0173126 *FILING FEE PAID ELECTRONICALLY
08/13/2021 Appendix to Petition **STRICKEN* *FILING FEE PAID ELECTRONICALLY
08/13/2021 Writ of Certiorari / Acknowledgment letter
08/13/2021 Stricken - Non-Compliance With R. 9.045 ORDERED that petitioner's August 13, 2021 petition for writ of certiorari is stricken as not in compliance with Florida Rule of Appellate Procedure 9.045, which became effective January 1, 2021, in that it is a computer-generated document which does not comply with the font requirements set forth in Rule 9.045(b). See Fla. R. App. P. 9.045(b) (“Computer-generated documents shall be filed in either Arial 14-point font or Bookman Old Style 14-point font.”). An amended document in compliance with Rule 9.045 shall be filed within two (2) days from the date of this order.
08/13/2021 Order Striking Appendix - Non-Compliance With R. 9.220 ORDERED that petitioner's appendix to the petition for writ of certiorari is stricken as not in compliance with Florida Rule of Appellate Procedure 9.220(c), which was amended effective October 1, 2017, in that it was not properly indexed and consecutively paginated, beginning with the cover sheet as page 1, was not paginated so that the page numbers displayed by the PDF reader exactly match the pagination of the index, and contained no bookmarks as required by Rule 9.220(c)(3). An amended appendix in compliance with Rule 9.220(c) shall be filed within two (2) days from the date of this order.
08/13/2021 Petition for Certiorari Filed Alexander E. Barthet 0173126 ***AMENDED***
08/13/2021 Appendix to Petition Alexander E. Barthet 0173126 ***STRICKEN 8/17/21***
08/13/2021 Case Filing Fee Paid Through Portal
08/17/2021 Order Striking Appendix - Non-Compliance With R. 9.220 ORDERED that petitioner's appendix to the amended petition is stricken as not in compliance with Florida Rule of Appellate Procedure 9.220(c), which was amended effective October 1, 2017, in that it contains bookmarks which are not in compliance with Rule 9.220(c)(3). An amended appendix in compliance with Rule 9.220(c) shall be filed within two (2) days from the date of this order.
08/17/2021 Appendix to Petition Alexander E. Barthet 0173126
09/10/2021 ORD-Writs Show Cause with Reply ORDERED that respondent shall file a response within twenty (20) days and show cause why the petition for writ of certiorari should not be granted. Petitioner may file a reply within ten (10) days of service of the response.
09/30/2021 Motion for Extension of Time to File Response Michael A. Monteverde 0048154
10/01/2021 Grant EOT to file Response ORDERED that respondent's September 30, 2021 motion for extension of time is granted, and the time for filing a response is extended to October 20, 2021.
10/08/2021 Stipulation for Substitution of Counsel ***STRICKEN 10/11/21***
10/11/2021 Stricken - Non-Compliance With R. 9.045 ORDERED that the October 8, 2021 stipulation for substitution of counsel is stricken as not in compliance with Florida Rule of Appellate Procedure 9.045, which became effective January 1, 2021, in that it is a computer-generated document which does not comply with the font requirements set forth in Rule 9.045(b). See Fla. R. App. P. 9.045(b) (“Computer-generated documents shall be filed in either Arial 14-point font or Bookman Old Style 14-point font.”). An amended document in compliance with Rule 9.045 shall be filed within two (2) days from the date of this order.
10/12/2021 Stipulation for Substitution of Counsel
10/14/2021 ORD-Grant Substitution of Counsel ORDERED that pursuant to the stipulation for substitution of counsel filed October 12, 2021, Belaval Law PLLC is substituted for The Barthet Firm as counsel for HDZ Builders in the above–styled cause.
10/20/2021 Motion for Extension of Time to File Response Michael A. Monteverde 0048154
10/21/2021 Grant EOT to file Response ORDERED that respondent's October 20, 2021 motion for extension of time is granted, and the time for filing a response is extended one (1) day from the date of this order.
10/21/2021 Motion To Stay Michael A. Monteverde 0048154
10/29/2021 Response Michael A. Monteverde 0048154 TO AMENDED PETITION FOR WRIT OF CERTIORARI
11/01/2021 Grant Stay ORDERED that respondent’s October 21, 2021 unopposed motion to stay the case is granted. The case is stayed for forty-five (45) days. Thereafter, respondent shall advise this court regarding the progress being made toward disposition of the case.
12/28/2021 Order to File Status Report ORDERED that petitioner is directed to file a status report within twenty (20) days from the date of this order regarding the progress being made toward the disposition of the case in light of the expiration of this court’s November 1, 2021 stay order.
01/14/2022 Status Report Edgar Belaval 0328870
01/18/2022 ORD-To File Response ORDERED that, within ten (10) days from the date of this order, respondent shall file a response to petitioner's January 14, 2022 status report.
01/26/2022 Response Michael A. Monteverde 0048154
02/17/2022 Order to File Status Report ORDERED that petitioner may file its reply in the above styled case within thirty (30) days of this order. Further, ORDERED that the parties shall inform this court of any resolution in the underlying litigation reached during the anticipated mediation.
03/21/2022 Reply to Response Edgar Belaval 0328870
03/21/2022 Reply to Response Edgar Belaval 0328870 **AMENDED**
03/21/2022 Request for Oral Argument
03/30/2022 Notice of Filing Edgar Belaval 0328870 ***STRICKEN 3/31/22***
03/31/2022 Stricken - Non-Compliance With R. 9.045 ORDERED that petitioner's March 30, 2022 notice of filing is stricken as not in compliance with Florida Rule of Appellate Procedure 9.045, which became effective January 1, 2021, in that it is a computer-generated document which does not comply with the font requirements set forth in Rule 9.045(b). See Fla. R. App. P. 9.045(b) (“Computer-generated documents shall be filed in either Arial 14-point font or Bookman Old Style 14-point font.”). An amended document in compliance with Rule 9.045 shall be filed within two (2) days from the date of this order.
03/31/2022 Appendix Edgar Belaval 0328870 TO REPLY TO RESPONSE
06/06/2022 Order-Original Proceeding Granted It is ORDERED that the August 13, 2021 petition for writ of certiorari is granted and the July 14, 2021 order discharging the claim of lien is quashed. Issues of fact remain as to whether the amount of the May 15, 2019 claim of lien was "willfully exaggerated" as required by section 713.31(2)(a), Florida Statutes. See James B. Pirtle Constr., Co. v. Warren Henry Autos, Inc., 329 So. 3d 205 (Fla. 3d DCA 2021); Farrey's Wholesale Hardware Co. v. Coltin Elec. Servs., LLC, 263 So. 3d 168, 179 (Fla. 2d DCA 2018). CONNER, C.J., GROSS and CIKLIN, JJ., concur.
06/06/2022 Granted - Order by Judge