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UNITED STATES AUTOMOBILE ASSOCIATION VS ANDREI YUDIN GILL
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SC2021-1624
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2021-11-23
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Closed
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|
| Classification |
Discretionary Review - Notice to Invoke - Direct Conflict of Decisions
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| Court |
Supreme Court of Florida
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| Originating Court |
Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County
502019CA004349XXXXMB
Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County
4D21-2766
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Parties
| Name |
UNITED STATES AUTOMOBILE ASSOCIATION INC
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| Role |
Petitioner
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| Status |
Active
|
| Representations |
Charles M-P George, Daniel L. Margrey
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|
| Name |
Andrei Yudin Gill
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| Role |
Respondent
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| Status |
Active
|
| Representations |
Robert P. Major
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|
| Name |
Hon. James Edward Nutt
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| Role |
Judge/Judicial Officer
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| Status |
Active
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|
| Name |
Hon. Joseph Abruzzo
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| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
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Docket Entries
| Docket Date |
2021-11-29
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| Type |
Event
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| Subtype |
Fee Paid Through Portal
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| Description |
Fee Paid Through Portal
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|
| Docket Date |
2021-11-23
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| Type |
Notice
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| Subtype |
Appendix/Attachment to Notice
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| Description |
NOTICE-APPENDIX/ATTACHMENT TO NOTICE ~ ***Uncertified Copy Rec'd 11/22/2021***
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| On Behalf Of |
UNITED STATES AUTOMOBILE ASSOCIATION
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| View |
View File
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| Docket Date |
2021-11-23
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| Type |
Misc. Events
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| Subtype |
Fee Status
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| Description |
FP:Fee Paid Through Portal
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| Docket Date |
2021-11-29
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| Type |
Disposition
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| Subtype |
Rev/Appeal Dism No Juris Omnibus
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| Description |
DISP-REV/APPEAL DISM NO JURIS OMNIBUS ~ This case is hereby dismissed. This Court lacks jurisdiction to review an unelaborated decision from a district court of appeal that is issued without opinion or explanation or that merely cites to an authority that is not a case pending review in, or reversed or quashed by, this Court. See Wheeler v. State, 296 So. 3d 895 (Fla. 2020); Wells v. State, 132 So. 3d 1110 (Fla. 2014); Jackson v. State, 926 So. 2d 1262 (Fla. 2006); Gandy v. State, 846 So. 2d 1141 (Fla. 2003); Stallworth v. Moore, 827 So. 2d 974 (Fla. 2002); Harrison v. Hyster Co., 515 So. 2d 1279 (Fla. 1987); Dodi Publ'g Co. v. Editorial Am. S.A., 385 So. 2d 1369 (Fla. 1980); Jenkins v. State, 385 So. 2d 1356 (Fla. 1980). No motion for rehearing or reinstatement will be entertained by the Court.
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| View |
View File
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UNITED STATES AUTOMOBILE ASSOCIATION VS ANDREI YUDIN GILL
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4D2021-2766
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2021-09-24
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Closed
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|
| Classification |
NOA Non Final - Circuit Civil - Other
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| Court |
4th District Court of Appeal
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| Originating Court |
Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County
502019CA004349
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Parties
| Name |
UNITED STATES AUTOMOBILE ASSOCIATION INC
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| Role |
Appellant
|
| Status |
Active
|
| Representations |
Daniel L. Margrey, Charles M-P George, Christopher Wayne Wadsworth
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|
| Name |
Andrei Yudin Gill
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| Role |
Appellee
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| Status |
Active
|
| Representations |
Robert P. Major
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|
| Name |
Hon. James Nutt
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| Role |
Judge/Judicial Officer
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| Status |
Active
|
|
| Name |
Clerk - Palm Beach
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| Role |
Lower Tribunal Clerk
|
| Status |
Active
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|
| Name |
FLORIDA SUPREME COURT CLERK
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| Role |
Lower Tribunal Clerk
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| Status |
Active
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Docket Entries
| Docket Date |
2021-11-30
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| Type |
Supreme Court
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| Subtype |
Supreme Court Miscellaneous
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| Description |
Supreme Court Disposition ~ SC21-1624
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| Docket Date |
2021-11-23
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| Type |
Supreme Court
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| Subtype |
Notice to Invok. Disc. Jur. FSC
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| Description |
Notice of Discretionary Jurisdiction to Supreme Court
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| On Behalf Of |
United States Automobile Association
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|
| Docket Date |
2021-11-23
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| Type |
Notice
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| Subtype |
Notice
|
| Description |
Notice sent to the Supreme Court
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|
| Docket Date |
2021-10-26
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| Type |
Disposition by Order
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| Subtype |
Dismissed
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| Description |
ORD-Sua Sponte Dismissed for Lack of Jurisdiction ~ ORDERED that, upon consideration of appellant’s October 8, 2021 jurisdictional brief and appellee’s October 14, 2021 response, this appeal is dismissed for lack of jurisdiction without prejudice to appellant to challenge the trial court’s orders related to any final award of attorney’s fees to appellee by way of plenary appeal. See Powell v. Woodard, 300 So. 3d 784, 785 (Fla. 1st DCA 2020). Further, ORDERED that appellee’s October 14, 2021 request for appellate attorney’s fees is granted conditioned on the trial court determining that appellee is entitled to fees under section 627.428(1), Florida Statutes (2021), and if so, setting 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.CONNER, C.J., MAY and DAMOORGIAN, JJ., concur.
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| Docket Date |
2021-10-26
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| Type |
Disposition
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| Subtype |
Dismissed
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| Description |
Dismissed - Order by Judge
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| Docket Date |
2021-10-14
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| Type |
Record
|
| Subtype |
Appendix to Response
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| Description |
Appendix to Response
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| On Behalf Of |
Andrei Yudin Gill
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| Docket Date |
2021-10-14
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| Type |
Response
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| Subtype |
Response
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| Description |
Response ~ TO JURISDICTIONAL BRIEF
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| On Behalf Of |
Andrei Yudin Gill
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| Docket Date |
2021-10-08
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| Type |
Brief
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| Subtype |
Jurisdictional Brief
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| Description |
Jurisdictional Brief
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| On Behalf Of |
United States Automobile Association
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| Docket Date |
2021-09-29
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| Type |
Misc. Events
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| Subtype |
Case Filing Fee Paid through Portal
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| Description |
Case Filing Fee Paid Through Portal
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| On Behalf Of |
United States Automobile Association
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|
| Docket Date |
2021-09-27
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| Type |
Order
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| Subtype |
Order to File Response re Jurisdiction
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| Description |
AA - File Statement for Basis of Jurisdiction ~ ORDERED that, within ten (10) days from the date of this order, appellant shall file in this court a brief statement explaining the basis for this court's subject matter jurisdiction over the order appealed in this case, citing supporting legal authorities. Appellant shall specifically address how the August 26, 2021 order is an appealable non-final order pursuant to Florida Rule of Appellate Procedure 9.130(a)(3)(C)(ix), as it appears the order does not determine a settlement agreement is unenforceable as a matter of law. See Powell v. Woodard, 300 So. 3d 784, 785 (Fla. 1st DCA 2020) (holding that, in order to be appealable under Rule 9.130(a)(3)(C)(ix), the order must make an express determination as to how the settlement agreement is unenforceable as a matter of law). Further,Appellee may file a response within ten (10) days of service of that statement.
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| Docket Date |
2021-09-24
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| Type |
Misc. Events
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| Subtype |
Fee Status
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| Description |
FP:Fee Paid Through Portal
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|
| Docket Date |
2021-09-24
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| Type |
Order
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| Subtype |
Order on Filing Fee
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| 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 required by the applicable rule of procedure and Section 35.22(2)(a), Florida Statutes, is due and payable REGARDLESS OF WHETHER THE APPEAL IS LATER DISMISSED VOLUNTARILY OR ADVERSELY.ORDERED that appellant shall pay the $300.00 filing fee or file the lower tribunal clerk's determination of indigent status in this court within ten (10) days from the date of this order. The fee may be paid electronically through the Florida Courts E-Filing Portal – see the court’s website for details. Failure to comply within the time prescribed will result in dismissal of this cause and may result in the court sanctioning of any party, or the party's attorney, who has not paid the filing fee. The attorney filing the Notice of Appeal has a duty to tender the filing fee to the appellate court when the appeal is initiated. See In Re Payment of Filing Fees, 744 So. 2d 1025 (Fla. 4th DCA 1997). Failure of the attorney to pay will result in referral to the Department of Financial Services for collection.**NOTE: This order does not toll the time for filing any pleadings necessary to prosecute this appeal and no extensions of time will be entertained. Once the fee is paid, it is not refundable. Except for dismissal, this court will take no action in this appeal until the filing fee is paid or until a lower tribunal clerk's determination of indigent status is filed.
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| Docket Date |
2021-09-24
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| Type |
Letter
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| Subtype |
Acknowledgment Letter
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| Description |
Acknowledgment Letter
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|
| Docket Date |
2021-09-24
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| Type |
Notice
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| Subtype |
Notice of Appeal
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| Description |
Notice of Appeal Filed
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| On Behalf Of |
United States Automobile Association
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ALEX FINCH D/ B/ A FINCH LAW FIRM AND FROMANG & FINCH, P. A. VS MASSEY CONSTRUCTION GROUP, INC. A/ A/ O CHARLES & SHARON SABO AND UNITED STATES AUTOMOBILE ASSOCIATION
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2D2021-2415
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2021-08-09
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Closed
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| Classification |
Original Proceedings - Circuit Civil - Prohibition
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| Court |
2nd District Court of Appeal
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| Originating Court |
Circuit Court for the Twentieth Judicial Circuit, Collier County
19-CA-2650
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Parties
| Name |
FINCH LAW FIRM
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| Role |
Petitioner
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| Status |
Active
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| Name |
FROMANG & FINCH, P.A.
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| Role |
Petitioner
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| Status |
Active
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|
| Name |
ALEX FINCH
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| Role |
Petitioner
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| Status |
Active
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| Representations |
ALEX FINCH, ESQ.
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|
| Name |
MASSEY CONSTRUCTION GROUP , INC.
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| Role |
Respondent
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| Status |
Active
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| Representations |
JASON LITTLE, ESQ., MELISSA A. GIASI, ESQ., ERIN M. BERGER, ESQ., PAIGE SEGRERA, ESQ., MICHAEL SIMON, ESQ., BRIAN FREEMAN, ESQ., SUSAN Z. AYERS, ESQ.
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|
| Name |
UNITED STATES AUTOMOBILE ASSOCIATION INC
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| Role |
Respondent
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| Status |
Active
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| Name |
CHARLES SABO
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| Role |
Respondent
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| Status |
Active
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|
| Name |
SHARON SABO
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| Role |
Respondent
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| Status |
Active
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| Name |
HONORABLE ELIZABETH V. KRIER
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| Role |
Judge/Judicial Officer
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| Status |
Active
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|
| Name |
COLLIER CLERK
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| Role |
Lower Tribunal Clerk
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| Status |
Active
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Docket Entries
| Docket Date |
2022-01-10
|
| Type |
Misc. Events
|
| Subtype |
Case Closed
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| Description |
Case Closed
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|
| Docket Date |
2021-12-20
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| Type |
Disposition by Order
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| Subtype |
Denied
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| Description |
denial of prohibition ~ The petition for writ of certiorari, prohibition, and mandamus is denied. The stayof any proceedings related to petitioners’ enforcement of their charging lien in theunderlying matter imposed by this court’s August 12, 2021, order is hereby lifted.
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| Docket Date |
2021-12-20
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| Type |
Disposition
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| Subtype |
Denied
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| Description |
Denied - Order by Judge ~ NORTHCUTT, KELLY, and BLACK
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| Docket Date |
2021-09-13
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| Type |
Notice
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| Subtype |
Notice of Appearance
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| Description |
Notice of Appearance
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| On Behalf Of |
MASSEY CONSTRUCTION GROUP, INC.
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| Docket Date |
2021-08-12
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| Type |
Notice
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| Subtype |
Notice of Appearance
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| Description |
Notice of Appearance ~ NOTICE OF APPEARANCE AND DESIGNATIONOF PRIMARY AND SECONDARY E-MAIL ADDRESSES
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| On Behalf Of |
MASSEY CONSTRUCTION GROUP, INC.
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| Docket Date |
2021-08-12
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| Type |
Order
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| Subtype |
Order
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| Description |
MISCELLANEOUS ORDER ~ Petitioners filed a petition for writ of certiorari/prohibition/mandamus after the Honorable Elizabeth V. Krier entered an order denying petitioners' motion to disqualify and seek a writ prohibiting Judge Krier from presiding further in the underlying matter. This court sua sponte stays this writ proceeding pending disposition of the related writ proceeding in Finch v. Massey Construction Group, Inc., No. 2D21-2413, in which petitioners raise the same arguments for Judge Krier's recusal and seek the same relief. This order shall not constitute a stay of the proceedings in the underlying matter, except that any proceedings related to petitioners’ enforcement of their charging lien are stayed. Petitioners shall file a status report, referencing the present order, upon the receipt of an opinion disposing of case 2D21-2413 or within 90 days of the date of the present order, whichever occurs earlier.
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| Docket Date |
2021-08-10
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| Type |
Record
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| Subtype |
Appendix
|
| Description |
ORIGINAL APPENDIX OR ATTACHMENT ~ PETITIONERS' APPENDIX TO PETITION FORWRIT OF CERTIORARI, PROHIBITION AND MANDAMUS
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| On Behalf Of |
ALEX FINCH
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|
| Docket Date |
2021-08-09
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| Type |
Petition
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| Subtype |
Petition
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| Description |
Petition Filed
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| On Behalf Of |
ALEX FINCH
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|
| Docket Date |
2021-08-09
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| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter 1
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|
| Docket Date |
2021-08-09
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| Type |
Misc. Events
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| Subtype |
Fee Status
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| Description |
FP:Fee Paid Through Portal
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UNITED STATES AUTOMOBILE ASSOCIATION, USAA CASUALTY INSURANCE COMPANY AND GARRISON PROPERTY & CASUALTY INSURANCE COMPANY VS BAY AREA INJURY REHAB SPECIALISTS HOLDINGS, INC.
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2D2019-3340
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2019-09-03
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Closed
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| Classification |
Original Proceedings - Circuit Civil - Certiorari
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| Court |
2nd District Court of Appeal
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| Originating Court |
Circuit Court for the Thirteenth Judicial Circuit, Hillsborough County
16-CA-011095
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Parties
| Name |
GARRISON PROPERTY & CASUALTY INSURANCE COMPANY
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| Role |
Petitioner
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| Status |
Active
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|
| Name |
UNITED STATES AUTOMOBILE ASSOCIATION INC
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| Role |
Petitioner
|
| Status |
Active
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| Representations |
JASON L. MARGOLIN, ESQ., ANTONIO D. MORIN, ESQ., LESLIE E. JOUGHIN, I I I, ESQ., KRISTEN M. FIORE, ESQ.
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|
| Name |
USAA CASUALTY INSURANCE COMPANY
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| Role |
Petitioner
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| Status |
Active
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|
| Name |
BAY AREA INJURY REHAB SPECIALISTS HOLDINGS, INC.
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| Role |
Respondent
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| Status |
Active
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| Representations |
MATTHEW A. CRIST, ESQ., MIKE N. KOULIANOS, ESQ., DAVID M. CALDEVILLA, ESQ., CHRISTOPHER P. CALKIN, ESQ., J. DANIEL CLARK, ESQ.
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|
| Name |
HON. PAUL L. HUEY
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| Role |
Judge/Judicial Officer
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| Status |
Active
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|
| Name |
HILLSBOROUGH CLERK
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| Role |
Lower Tribunal Clerk
|
| Status |
Active
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Docket Entries
| Docket Date |
2020-12-04
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| Type |
Mandate
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| Subtype |
Mandate
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| Description |
Mandate
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| Docket Date |
2020-11-17
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| Type |
Order
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| Subtype |
Order on Motion for Rehearing
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| Description |
ORD-DENYING REHEARING ~ Petitioners' motion for rehearing and motion for leave to file documents underseal in this court, or in the alternative, for this court to relinquish jurisdiction to the trialcourt to rule on motion for leave to file documents under seal there; or in the alternative,motion for clarification is denied.
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| Docket Date |
2020-08-28
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| Type |
Response
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| Subtype |
Response
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| Description |
RESPONSE ~ RESPONDENT'S RESPONSE IN OPPOSITION TOPETITIONERS' MOTION FOR REHEARING AND MOTIONFOR LEAVE TO FILE DOCUMENTS UNDER SEAL IN THIS COURT,OR IN THE ALTERNATIVE, FOR THIS COURT TO RELINOUISHJURISDICTION TO THE TRIAL COURT TO ALLOW TRIAL COURT TORULE ON MOTION FOR LEAVE TO FILE DOCUMENTS UNDER SEALTHERE; OR IN THE ALTERNATIVE, MOTION FOR CLARIFICATION
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| On Behalf Of |
BAY AREA INJURY REHAB SPECIALISTS HOLDINGS, INC.
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| Docket Date |
2020-08-19
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| Type |
Order
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| Subtype |
Order on Motion for Extension of Time
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| Description |
Grant EOT (general)-74c ~ Petitioners' unopposed motion for extension of time to serve rule 9.330 motion is granted for 15 days.
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| Docket Date |
2020-08-18
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| Type |
Post-Disposition Motions
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| Subtype |
Motion for Rehearing
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| Description |
Motion For Rehearing ~ AND MOTION FOR LEAVE TO FILE DOCUMENTS UNDER SEAL IN THIS COURT, OR IN THE ALTERNATIVE, FOR THIS COURT TO RELINQUISHJURISDICTION TO THE TRIAL COURT TO ALLOW TRIAL COURT TO RULE ON MOTION FOR LEAVE TO FILE DOCUMENTS UNDER SEAL THERE; OR IN THE ALTERNATIVE, MOTION FOR CLARIFICATION
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| On Behalf Of |
UNITED STATES AUTOMOBILE ASSOCIATION
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|
| Docket Date |
2020-07-31
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| Type |
Motions Extensions
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| Subtype |
Motion for Extension of Time
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| Description |
Motion for Extension of Time ~ PETITIONERS' UNOPPOSED MOTION FOR 15-DAY EXTENSION OF TIME TO SERVE RULE 9.330 MOTION
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| On Behalf Of |
UNITED STATES AUTOMOBILE ASSOCIATION
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|
| Docket Date |
2020-07-17
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| Type |
Disposition
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| Subtype |
Denied
|
| Description |
Denied - Authored Opinion
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|
| Docket Date |
2020-07-17
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Miscellaneous Order ~ Respondent seeks appellate attorneys' fees pursuant to sections 624.155(4) and 627.428, Florida Statutes (2019). Respondent's motion for appellate attorneys' fees is granted, contingent upon Respondent prevailing below upon a theory authorizing fees under section 624.155(4), or section 627.428. The trial court shall also determine the amount of reasonable appellate attorneys' fees.
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| Docket Date |
2020-02-19
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| Type |
Notice
|
| Subtype |
Notice of Change of Address
|
| Description |
Notice of Change of Address ~ NOTICE OF CHANGE OF FIRM ADDRESS AND AMENDED EMAIL DESIGNATION
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| On Behalf Of |
BAY AREA INJURY REHAB SPECIALISTS HOLDINGS, INC.
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|
| Docket Date |
2020-01-08
|
| Type |
Response
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| Subtype |
Reply
|
| Description |
REPLY ~ REPLY IN FURTHER SUPPORT OF PETITION FOR WRIT OF CERTIORARI FROM A NON-FINAL ORDER OF THE CIRCUIT COURT FOR THE THIRTEENTH JUDICIAL CIRCUIT IN AND FOR HILLSBOROUGH COUNTY, FLORIDA
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| On Behalf Of |
UNITED STATES AUTOMOBILE ASSOCIATION
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|
| Docket Date |
2019-12-11
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Reply to Response
|
| Description |
grant eot for cert reply ~ Petitioner's motion for extension of time to serve the reply is granted. The reply shall be served by January 8, 2020.
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|
| Docket Date |
2019-12-09
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ PETITIONERS' RESPONSE IN OPPOSITION TO RESPONDENT'S MOTION FOR APPELLATE ATTORNEYS' FEES
|
| On Behalf Of |
UNITED STATES AUTOMOBILE ASSOCIATION
|
|
| Docket Date |
2019-11-22
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to File Response
|
| Description |
grant eot for cert response ~ Respondent's motion for extension of time to serve the response is granted. The response shall be served within 15 days of this order.
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|
| Docket Date |
2019-11-21
|
| Type |
Motions Extensions
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| Subtype |
Motion Extension of Time To Reply To Response
|
| Description |
Motion Extension of TimeTo Reply To Response
|
| On Behalf Of |
UNITED STATES AUTOMOBILE ASSOCIATION
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|
| Docket Date |
2019-11-07
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| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ RESPONSE IN OPPOSITION TO PETITION FOR WRIT OF CERTIORARI
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| On Behalf Of |
BAY AREA INJURY REHAB SPECIALISTS HOLDINGS, INC.
|
|
| Docket Date |
2019-11-07
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees ~ RESPONDENT'S MOTION FOR CONDITIONAL AWARD OF APPELLATE ATTORNEYS' FEES
|
| On Behalf Of |
BAY AREA INJURY REHAB SPECIALISTS HOLDINGS, INC.
|
|
| Docket Date |
2019-11-07
|
| Type |
Record
|
| Subtype |
Appendix to Response
|
| Description |
APPENDICES /ATTACHMENTS TO RESPONSE ~ RESPONDENT'S SECOND SUPPLEMENTAL APPENDIX
|
| On Behalf Of |
BAY AREA INJURY REHAB SPECIALISTS HOLDINGS, INC.
|
|
| Docket Date |
2019-10-24
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to File Response
|
| Description |
grant eot for cert response ~ Respondent's motion for extension of time to serve the response is granted. The response shall be served by November 25, 2019.
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|
| Docket Date |
2019-10-23
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to File Response
|
| Description |
Motion for Extension of Time to File Response
|
| On Behalf Of |
BAY AREA INJURY REHAB SPECIALISTS HOLDINGS, INC.
|
|
| Docket Date |
2019-09-25
|
| Type |
Order
|
| Subtype |
Order to Respond to Petition
|
| Description |
certiorari response - pretrial ~ Respondent shall serve a response to the petition for writ of certiorari within 30 days. Petitioner may serve a reply within 30 days thereafter. The parties shall keep this court apprised of all hearings or trial dates that may affect this proceeding.
|
|
| Docket Date |
2019-09-24
|
| Type |
Order
|
| Subtype |
Order on Motion For Review
|
| Description |
ORD-GRANT MOTION FOR REVIEW ~ The petitioner's motion to review the trial court's denial of a stay pending appeal is granted. We disapprove the trial court's denial of the motion and stay the proceedings below until resolution of the petition or until further order of the court.
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|
| Docket Date |
2019-09-06
|
| Type |
Record
|
| Subtype |
Appendix to Response
|
| Description |
APPENDICES /ATTACHMENTS TO RESPONSE ~ RESPONDENT'S SUPPLEMENTAL APPENDIX TO RESPONSE IN OPPOSITION TO PETITIONERS' MOTION FOR EXPEDITED REVIEW OF CIRCUIT COURT'S SUMMARY DENIAL OF STAY PENDING APPEAL
|
| On Behalf Of |
BAY AREA INJURY REHAB SPECIALISTS HOLDINGS, INC.
|
|
| Docket Date |
2019-09-06
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ RESPONDENT'S RESPONSE IN OPPOSITION TO PETITIONERS' MOTION FOR EXPEDITED REVIEW OF CIRCUIT COURT'S SUMMARY DENIAL OF STAY PENDING APPEAL
|
| On Behalf Of |
BAY AREA INJURY REHAB SPECIALISTS HOLDINGS, INC.
|
|
| Docket Date |
2019-09-05
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
MISCELLANEOUS ORDER ~ The respondent shall respond to the petitioner's motion for expedited review within 10 days of the date of this order. The court hereby stays the trial court's August 1, 2019, order on objections pending review of the motion to review.
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|
| Docket Date |
2019-09-04
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter 1
|
|
| Docket Date |
2019-09-03
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2019-09-03
|
| Type |
Motions Other
|
| Subtype |
Motion For Review
|
| Description |
Motion For Review ~ PETITIONERS' MOTION FOR EXPEDITED REVIEW OF CIRCUIT COURT'S SUMMARY DENIAL OF STAY PENDING APPEAL1
|
| On Behalf Of |
UNITED STATES AUTOMOBILE ASSOCIATION
|
|
| Docket Date |
2019-09-03
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
ORIGINAL APPENDIX OR ATTACHMENT
|
| On Behalf Of |
UNITED STATES AUTOMOBILE ASSOCIATION
|
|
| Docket Date |
2019-09-03
|
| Type |
Petition
|
| Subtype |
Petition
|
| Description |
Petition Filed
|
| On Behalf Of |
UNITED STATES AUTOMOBILE ASSOCIATION
|
|
|
|
UNITED SERVICES AUTOMOBILE ASSOCIATION VS ROBYN L. REY
|
2D2018-4661
|
2018-11-26
|
Closed
|
|
| Classification |
Original Proceedings - Circuit Civil - Certiorari
|
| Court |
2nd District Court of Appeal
|
| Originating Court |
Circuit Court for the Thirteenth Judicial Circuit, Hillsborough County
11-CA-012934
|
Parties
| Name |
UNITED STATES AUTOMOBILE ASSOCIATION INC
|
| Role |
Appellant
|
| Status |
Withdrawn
|
| Representations |
JENNIFER C. WORDEN, ESQ., DANIEL A. MARTINEZ, ESQ., WESLEE L. FERRON, ESQ.
|
|
| Name |
UNITED SERVICES AUTOMOBILE ASSOCIATION
|
| Role |
Petitioner
|
| Status |
Active
|
|
| Name |
ROBYN L. REY
|
| Role |
Respondent
|
| Status |
Active
|
| Representations |
EZEQUIEL LUGO, ESQ., GEORGE A. VAKA, ESQ., RICHARD K. BOWERS, JR., ESQ., DANKO BORKOVIC, ESQ., J. EMORY WOOD, ESQ.
|
|
| Name |
HILLSBOROUGH CLERK
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2019-05-23
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2019-05-17
|
| Type |
Misc. Events
|
| Subtype |
Case Closed
|
| Description |
Case Closed
|
|
| Docket Date |
2019-04-24
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Miscellaneous Order ~ Respondent Rey's motion for attorneys' fees, which seeks prevailing-party fees based sections 627.428 and 624.155, Florida Statutes, is remanded to the trial court for a determination of entitlement and costs once such a determination can be reached in these proceedings.
|
|
| Docket Date |
2019-04-24
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Per Curiam Opinion
|
|
| Docket Date |
2019-04-08
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ PETITIONER'S RESPONSE TO COURT'S MARCH 27, 2019 ORDER andNOTICE OF SCRIVENER'S ERROR
|
| On Behalf Of |
UNITED STATES AUTOMOBILE ASSOCIATION
|
|
| Docket Date |
2019-01-31
|
| Type |
Notice
|
| Subtype |
Notice of Supplemental Authority
|
| Description |
Notice of Supplemental Authority
|
| On Behalf Of |
ROBYN L. REY
|
|
| Docket Date |
2019-01-23
|
| Type |
Response
|
| Subtype |
Reply
|
| Description |
REPLY ~ PETITIONER'S REPLY TO RESPONDENT'S RESPONSE TO PETITION FOR WRIT OF CERTIORARI
|
| On Behalf Of |
UNITED STATES AUTOMOBILE ASSOCIATION
|
|
| Docket Date |
2019-01-03
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ RESPONSE TO UNITED STATES AUTOMOBILE ASSOCIATION'S PETITION FOR WRIT OF CERTIORARI
|
| On Behalf Of |
ROBYN L. REY
|
|
| Docket Date |
2019-01-03
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
|
| On Behalf Of |
ROBYN L. REY
|
|
| Docket Date |
2019-01-03
|
| Type |
Record
|
| Subtype |
Appendix to Response
|
| Description |
APPENDICES /ATTACHMENTS TO RESPONSE
|
| On Behalf Of |
ROBYN L. REY
|
|
| Docket Date |
2018-12-14
|
| Type |
Order
|
| Subtype |
Order to Respond to Petition
|
| Description |
certiorari response - pretrial ~ Respondent shall serve a response to the petition for writ of certiorari within 20 days. Petitioner may serve a reply within 20 days thereafter. The parties shall keep this court apprised of all hearings or trial dates that may affect this proceeding.
|
|
| Docket Date |
2018-11-27
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
fee - writ; atty
|
|
| Docket Date |
2018-11-27
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter 1
|
|
| Docket Date |
2018-11-26
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
| Docket Date |
2018-11-26
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
ORIGINAL APPENDIX OR ATTACHMENT
|
| On Behalf Of |
UNITED STATES AUTOMOBILE ASSOCIATION
|
|
| Docket Date |
2018-11-26
|
| Type |
Petition
|
| Subtype |
Petition Certiorari
|
| Description |
Petition for Certiorari Filed
|
| On Behalf Of |
UNITED STATES AUTOMOBILE ASSOCIATION
|
|
| Docket Date |
2019-03-27
|
| Type |
Order
|
| Subtype |
Order to File Status Report
|
| Description |
status report within * days ~ The petitioner in this petition for writ of certiorari, case 2D18-4661, identified in its appellate pleadings as United States Automobile Association, appears to be the same party as the appellant in the direct appeal from the final judgment pending in 2D18-5120 and identified as United Services Automobile Association. Accordingly, petitioner shall, within ten days from the date of this order, provide this court with a status report to clarify the party names and relationships between 2D18-4661 and 2D18-5120, to correct the party name if appropriate, and to indicate whether United Services Automobile Association is otherwise properly listed as a respondent in this petition pursuant to Florida Rule of Appellate Procedure 9.020.
|
|
|
|
UNITED STATES AUTOMOBILE ASSOC. VS MELANIE MANZO-PIANELLI
|
4D2017-1506
|
2017-05-22
|
Closed
|
|
| Classification |
Original Proceedings - Circuit Civil - Certiorari
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
CACE 09-57134
|
Parties
| Name |
UNITED STATES AUTOMOBILE ASSOCIATION INC
|
| Role |
Petitioner
|
| Status |
Active
|
| Representations |
Daniel L. Margrey, Charles M-P George, Christopher Wayne Wadsworth
|
|
| Name |
Melanie Manzo-Pianelli
|
| Role |
Respondent
|
| Status |
Active
|
| Representations |
P. Raul Alvarez, Mark D. Feinstein, Matthew E. Haynes
|
|
| Name |
Hon. Michael L. Gates
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Broward
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2017-08-02
|
| Type |
Disposition by Order
|
| Subtype |
Granted
|
| Description |
Order-Original Proceeding Granted ~ ORDERED that the above–styled petition for writ of certiorari is granted, and the circuit court’s order denying petitioner’s motion to bifurcate is quashed. Merchants & Businessmen's Mut. Ins. Co. v. Bennis, 636 So. 2d 593, 595 (Fla. 4th DCA 1994) (holding that failure to sever insurance coverage claim from underlying tort claim was a departure from the essential requirements of the law).DAMOORGIAN, CIKLIN and CONNER, JJ., concur.
|
|
| Docket Date |
2017-08-02
|
| Type |
Disposition
|
| Subtype |
Granted
|
| Description |
Granted - Order by Judge
|
|
| Docket Date |
2017-06-12
|
| Type |
Response
|
| Subtype |
Reply to Response
|
| Description |
Reply to Response ~ (REPLY TO RESPONDENT'S CONFESSION OF ERROR)
|
| On Behalf Of |
United States Automobile Association
|
|
| Docket Date |
2017-06-09
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response
|
| On Behalf Of |
Melanie Manzo-Pianelli
|
|
| Docket Date |
2017-06-06
|
| Type |
Order
|
| Subtype |
Show Cause re Petition
|
| Description |
ORD-Writs Show Cause with Reply ~ ORDERED that respondent shall file a response within twenty (20) days and show cause why the petition should not be granted. Petitioner may file a reply within ten (10) days of service of the response.
|
|
| Docket Date |
2017-05-23
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
ORD-Pay Filing Fee-Original Proceeding ~ The $300.00 filing fee or affidavit of indigency in conformance with sections 57.081 and 57.085, Florida Statutes, did not accompany the petition as required in Florida Rule of Appellate Procedure 9.100(b). The filing fee is due and payable at the time of filing REGARDLESS OF WHETHER THE PETITION IS SUBSEQUENTLY VOLUNTARILY DISMISSED OR ADVERSELY DISMISSED.ORDERED sua sponte that the $300.00 filing fee or affidavit of indigency in conformance with section 57.081 and 57.085, Florida Statutes, must be filed in this Court within ten (10) days from the date of the entry of this order. Failure to comply within the time prescribed will result in dismissal of this cause and may result in the court sanctioning of any party, or the party's attorney, who has not paid the filing fee. The attorney filing the petition has a duty to tender the filing fee to the appellate court when the petition is initiated. See In Re Payment of Filing Fees, 744 So. 2d 1025 (Fla. 4th DCA 1997). Failure of the attorney to pay will result in referral to the Department of Financial Services for collection.**NOTE: No extensions of time will be entertained. Once the fee is paid, it is not refundable. Except for dismissal, this court will take no action in this appeal until this filing fee is paid or until an affidavit of indigency is filed and indigency status is granted.
|
|
| Docket Date |
2017-05-23
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Writ of Certiorari / Acknowledgment letter
|
|
| Docket Date |
2017-05-22
|
| Type |
Petition
|
| Subtype |
Petition
|
| Description |
Petition Filed
|
| On Behalf Of |
United States Automobile Association
|
|
| Docket Date |
2017-05-22
|
| Type |
Record
|
| Subtype |
Appendix to Petition
|
| Description |
Appendix to Petition
|
| On Behalf Of |
United States Automobile Association
|
|
| Docket Date |
2017-05-22
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
|
