| Classification |
Original Proceedings - Circuit Civil - Certiorari
|
| Court |
6th District Court of Appeal
|
| Originating Court |
Circuit Court for the Ninth Judicial Circuit, Orange County
2022-CA-006742
|
Parties
| Name |
ROBERT FORGIANA
|
| Role |
Petitioner
|
| Status |
Active
|
| Representations |
Michael Howard Galex, Armando Pedro Rubio, Pedro Jorge Collazo, Tal Harari
|
|
| Name |
TRANSSYSTEMS, INC.
|
| Role |
Petitioner
|
| Status |
Active
|
| Representations |
Michael Howard Galex, Armando Pedro Rubio, Pedro Jorge Collazo, Tal Harari
|
|
| Name |
STANDARD SAND & SILICA COMPANY
|
| Role |
Petitioner
|
| Status |
Active
|
| Representations |
Michael Howard Galex, Armando Pedro Rubio, Pedro Jorge Collazo, Tal Harari
|
|
| Name |
FEDERATED MUTUAL INSURANCE COMPANY
|
| Role |
Petitioner
|
| Status |
Active
|
| Representations |
Robert Gavin Mackinnon
|
|
| Name |
KENNETH MORRISON
|
| Role |
Respondent
|
| Status |
Active
|
| Representations |
Jeffrey Byrd
|
|
| Name |
JESUS INFANTE-PAEZ
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
WESTFIELD INSURANCE COMPANY
|
| Role |
Respondent
|
| Status |
Active
|
| Representations |
Gary Dixon Vasquez, Esteban Scornik
|
|
| Name |
PROGRESSIVE SELECT INSURANCE COMPANY
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
Orange Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2024-09-06
|
| Type |
Petition
|
| Subtype |
Petition
|
| Description |
ROBERT FORGIANA, TRANSSYSTEMS, INC., STANDARD SAND & SILICA
COMPANY, & FEDERATED MUTUAL INSURANCE COMPANY'S SECOND
AMENDED PETITION FOR WRIT OF CERTIORARI
|
| On Behalf Of |
ROBERT FORGIANA
|
| View |
View File
|
|
| Docket Date |
2024-11-02
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response to Petition for Writ of Certiorari
|
| On Behalf Of |
KENNETH MORRISON
|
|
| Docket Date |
2024-10-10
|
| Type |
Record
|
| Subtype |
Supplemental Appendix
|
| Description |
PETITIONERS' SECOND SUPPLEMENTAL APPENDIX TO THIRD AMENDED APPENDIX IN CONJUNCTION WITH SECOND AMENDED PETITION FOR WRIT OF CERTIORARI
|
| On Behalf Of |
ROBERT FORGIANA
|
|
| Docket Date |
2024-10-01
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
Miscellaneous Motion - MOTION FOR CLARIFICATION AND BRIEFING SCHEDULE
|
| On Behalf Of |
KENNETH MORRISON
|
|
| Docket Date |
2024-10-01
|
| Type |
Misc. Events
|
| Subtype |
Miscellaneous Trial Court Document
|
| Description |
Miscellaneous Trial Court Document - NOTICE OF FILING UNDER SEAL PURSUANT TO COURT RULING ON AUGUST 2, 2020
|
| On Behalf Of |
Orange Clerk
|
|
| Docket Date |
2024-09-20
|
| Type |
Petition
|
| Subtype |
Appendix (Supplemental)
|
| Description |
PETITIONERS' SUPPLEMENTAL APPENDIX TO THIRD AMENDED
APPENDIX IN CONJUNCTION WITH SECOND AMENDED PETITION
FOR WRIT OF CERTIORARI
|
| On Behalf Of |
ROBERT FORGIANA
|
| View |
View File
|
|
| Docket Date |
2024-09-12
|
| Type |
Order
|
| Subtype |
Order to File Response
|
| Description |
Within 10 days of this order, Petitioners, Robert Forgiana, Transsystems, Inc., Standard Sand & Silica Co., and Federated Mutual Insurance Company, shall file a supplemental appendix to the third amended appendix, which contains the written order amending the May 17, 2024 discovery order and the order directing the clerk to file "the Gorman materials" under seal. Fla. R. App. P. 9.220(a).
Within 10 days of this order, the trial court clerk shall submit the sealed filing or an index that lists the sealed documents to this Court. See generally Fla. R. Gen. Prac. & Jud. Admin. 2.420(g)(8); Stone v. Travelers Ins., 326 So. 2d 241, 243 (Fla. 3d DCA 1976) ("[W]here there has been an in camera inspection, a proper procedure to follow would be to move the trial court for an order transmitting, under seal to the appellate court, the documents which were inspected in camera, for appellate review.").
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| View |
View File
|
|
| Docket Date |
2024-08-12
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
PETITIONERS' UNOPPOSED MOTION FOR LEAVE TO FILE FIRST
AMENDED PETITION FOR WRIT OF CERTIORARI
|
| On Behalf Of |
ROBERT FORGIANA
|
|
| Docket Date |
2024-08-12
|
| Type |
Petition
|
| Subtype |
Appendix (Amended)
|
| Description |
PETITIONERS' SECOND AMENDED APPENDIX IN CONJUNCTION
WITH AMENDED PETITION FOR WRIT OF CERTIORARI
|
| On Behalf Of |
ROBERT FORGIANA
|
| View |
View File
|
|
| Docket Date |
2024-08-09
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to File Response
|
| Description |
Motion for Extension of Time to File Response
|
| On Behalf Of |
KENNETH MORRISON
|
|
| Docket Date |
2024-07-24
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to File Response
|
| Description |
Respondent's unopposed motion for extension of time is granted. Respondent's response is due on or before August 8, 2024.
|
| View |
View File
|
|
| Docket Date |
2024-07-22
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to File Response
|
| Description |
Motion for Extension of Time to File Response
|
| On Behalf Of |
KENNETH MORRISON
|
|
| Docket Date |
2024-07-15
|
| Type |
Record
|
| Subtype |
Amended Appendix
|
| Description |
Amended Appendix
|
| On Behalf Of |
ROBERT FORGIANA
|
|
| Docket Date |
2024-06-25
|
| Type |
Event
|
| Subtype |
Fee Satisfied
|
| Description |
Fee Satisfied
|
|
| Docket Date |
2024-06-25
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
AMENDED Acknowledgment Letter
|
| View |
View File
|
|
| Docket Date |
2024-06-24
|
| Type |
Petition
|
| Subtype |
Amended Petition
|
| Description |
Amended Petition
|
| On Behalf Of |
ROBERT FORGIANA
|
|
| Docket Date |
2024-06-18
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
This petition has been filed without a filing fee required by section 35.22(2)(a), Florida Statutes.
Within twenty days, Counsel for petitioner shall forward the required $300.00 filing fee or, if applicable, an affidavit of insolvency in conformity with the requirements of chapter 57, Florida Statutes, to this court.
If this court does not receive either of the above within the prescribed time, this petition may be subject to dismissal without further notice."
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| View |
View File
|
|
| Docket Date |
2024-06-18
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
| View |
View File
|
|
| Docket Date |
2024-06-18
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix Not Bookmarked
|
| On Behalf Of |
ROBERT FORGIANA
|
| View |
View File
|
|
| Docket Date |
2024-06-18
|
| Type |
Petition
|
| Subtype |
Petition Certiorari
|
| Description |
Petition Certiorari
|
| On Behalf Of |
ROBERT FORGIANA
|
| View |
View File
|
|
| Docket Date |
2024-12-30
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
| View |
View File
|
|
| Docket Date |
2024-12-13
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
Petitioners' petition for a writ of certiorari is dismissed because they have not demonstrated irreparable harm. See Giacolone v. Helen Ellis Mem'l Hosp. Found., Inc., 8 So. 3d 1232, 1234 (Fla. 2d DCA 2009) (stating that certiorari is unavailable "to review orders denying discovery because in most cases the harm can be corrected on appeal"); Eutsay v. State, 103 So. 3d 181, 182 (Fla. 1st DCA 2012) ("Unlike situations where a trial court erroneously compels the exchange of information (the proverbial 'cat out of the bag' orders), the harm done by the failure to provide information can be corrected on appeal in most cases."). The materials filed under seal in the trial court record, coupled with the trial court's confirmation of the contents of an attorney-client-privileged email, satisfied the trial court's obligations under Florida Rule of Civil Procedure 1.285(d). Petitioners' request for oral argument is also dismissed as moot.
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| View |
View File
|
|
| Docket Date |
2024-12-10
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONDENT KENNETH MORRISON'S REQUEST AND OPPOSITION TO PETITIONER'S REQUEST FOR ORAL ARGUMENT
|
| On Behalf Of |
KENNETH MORRISON
|
|
| Docket Date |
2024-12-02
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion/Request for Oral Argument
|
| Description |
PETITIONERS' REQUEST FOR ORAL ARGUMENT
|
| On Behalf Of |
ROBERT FORGIANA
|
|
| Docket Date |
2024-10-02
|
| Type |
Order
|
| Subtype |
Order on Miscellaneous Motion
|
| Description |
On September 12, 2024, this Court issued an order requiring Petitioners, Robert Forgiana, Transsystems, Inc., Standard Sand & Silica Co., and Federated Mutual Insurance Company ("Petitioners"), to file a supplemental appendix to the third amended appendix with the written order amending the May 17, 2024 discovery order and the order directing the clerk to file "the Gorman materials" under seal.
Separately, this Court ordered the trial court clerk to submit the sealed filing or an index that lists the sealed documents to this Court.
Petitioners have filed a supplemental appendix with the written order amending the May 17, 2024 discovery order. But Petitioners have not filed the written order directing the clerk to file the "Gorman materials" under seal. And the trial court clerk has not submitted the sealed filing or index that lists the sealed documents to this Court.
This Court expect parties to respect and comply with our orders until they are reversed or vacated. See State ex rel. Schwartz v. Lantz, 440 So. 2d 446, 450 (Fla. 3d DCA 1983). Recognizing that the trial clerk occupies a busy role, we also expect it to comply with our orders or offer a prompt explanation why this is not possible.
Within 10 days of this order, Petitioner must file a second supplemental appendix to the third amended appendix, which contains the order directing the clerk to file the "Gorman materials" under seal. See Fla. R. App. P. 9.220(a).
*too many characters, please see order for remaining characters*
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| View |
View File
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| Docket Date |
2024-08-29
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Petitioner's unopposed motion to file an amended petition for writ of certiorari is granted. Petitioner shall file their amended petition within 7 days of the date of this order. Respondent's motion to enlarge time to file a response to the original petition is denied as moot.
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| View |
View File
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|
| Docket Date |
2024-07-31
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Within 10 days of this order, Petitioners, Robert Forgiana, Transsystems, Inc., Standard Sand & Silica Co., and Federated Mutual Insurance Company, shall file a second amended appendix that complies with Florida Rule of Appellate Procedure 9.220.
Per the July 2, 2024 order, Petitioners were ordered to file an amended appendix because the original appendix did not comply with rule 9.220. Among others, the original appendix did not contain a cover sheet or an index and it was not searchable or bookmarked. See Fla. R. App. P. 9.220(b), (c). Petitioners then filed a three-page "amended" appendix that only contained a cover sheet and index; it does not contain a copy of the order to be reviewed or any other portions of the record or other authorities "deemed necessary to an understanding the issues presented." Fla. R. App. P. 9.220(a), (b).
The amended appendix is stricken. Failure to fully comply with this order will result in the dismissal of the petition for certiorari. See generally Hostway Corp. v. Golf Clubs Away LLC, 187 So. 3d 960 (Fla. 4th DCA 2016) ("Having provided appellant an opportunity to supplement the appendix, this court determines that appellant has failed to provide an adequate record to review the issue presented or to overcome the presumption of correctness in the trial court's ruling. Affirmance is therefore required.").
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| View |
View File
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| Docket Date |
2024-07-02
|
| Type |
Order
|
| Subtype |
Order to File Response
|
| Description |
Within 10 days of this order, Petitioners, Robert Forgiana, Transsystems, Inc., Standard Sand & Silica Co., and Federated Mutual Insurance Company shall file an amended appendix that is compliant with Florida Rule of Appellate Procedure 9.220. The current appendix does not comply with the rule for various reasons, including its failure to contain a cover sheet or an index. See Fla. R. App. P. 9.220(b). It is also not text searchable or bookmarked. See Fla. R. App. P. 9.220(c). Within 30 days of this order, Respondent, Kenneth Morrison, shall file a response to the petition. See Fla. R. App. P. 9.100(j). At minimum, the response should address the trial court's apparent decision not to allow for preservation of the documents at issue in the petition. See Fla. R. Civ. P. 1.285(d); see also Walanpatrias Found. v. AMP Servs. Ltd., 964 So. 2d 903, 905 (Fla. 4th DCA 2007) (granting certiorari, in part, because trial court's discovery order failed to provide opportunity for appellate review when it required immediate turning over of documents without further opportunity for appellate review of judge's decision following in camera inspection). Within 15 days of Respondent's response, Petitioners may file a reply. See Fla. R.
App. P. 9.100(k).
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View File
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