Omega Insurance Company, et al., Appellant(s), v. MSP Recovery Claims, Series LLC, et al., Appellee(s).
|
3D2024-0112
|
2024-01-18
|
Closed
|
|
Classification |
NOA Non Final - Circuit Civil - Other
|
Court |
3rd District Court of Appeal
|
Originating Court |
Circuit Court for the Eleventh Judicial Circuit, Miami-Dade County
20-24252
|
Parties
Name |
OMEGA INSURANCE COMPANY
|
Role |
Appellant
|
Status |
Active
|
Representations |
Nicole Sieb Smith, Jeffrey James Grosholz, Samantha Crawford Duke, Joshua Dodek Lerner
|
|
Name |
TOWER HILL SELECT INSURANCE COMPANY
|
Role |
Appellant
|
Status |
Active
|
Representations |
Nicole Sieb Smith, Jeffrey James Grosholz, Samantha Crawford Duke, Joshua Dodek Lerner
|
|
Name |
TOWER HILL SIGNATURE INSURANCE COMPANY
|
Role |
Appellant
|
Status |
Active
|
Representations |
Nicole Sieb Smith, Jeffrey James Grosholz, Samantha Crawford Duke, Joshua Dodek Lerner
|
|
Name |
MSP RECOVERY CLAIMS, SERIES LLC
|
Role |
Appellee
|
Status |
Active
|
Representations |
John Hasan Ruiz, Janpaul Portal, J. Alfredo Armas, Ryan Hy Susman
|
|
Name |
MSPA CLAIMS 1, LLC
|
Role |
Appellee
|
Status |
Active
|
Representations |
John Hasan Ruiz, Janpaul Portal, J. Alfredo Armas, Ryan Hy Susman
|
|
Name |
MAO-MSO Recovery II, LLC
|
Role |
Appellee
|
Status |
Active
|
Representations |
John Hasan Ruiz, Janpaul Portal, J. Alfredo Armas, Ryan Hy Susman
|
|
Name |
Hon. Reemberto Diaz
|
Role |
Judge/Judicial Officer
|
Status |
Active
|
|
Name |
Miami-Dade Clerk
|
Role |
Lower Tribunal Clerk
|
Status |
Active
|
|
Name |
TOWER HILL PRIME INSURANCE COMPANY
|
Role |
Appellant
|
Status |
Active
|
Representations |
Nicole Sieb Smith, Jeffrey James Grosholz, Samantha Crawford Duke, Joshua Dodek Lerner
|
|
Name |
TOWER HILL PREFERRED INSURANCE COMPANY
|
Role |
Appellant
|
Status |
Active
|
Representations |
Nicole Sieb Smith, Jeffrey James Grosholz, Samantha Crawford Duke, Joshua Dodek Lerner
|
|
Docket Entries
Docket Date |
2024-08-21
|
Type |
Misc. Events
|
Subtype |
West Publishing
|
Description |
West Publishing
|
|
Docket Date |
2024-08-21
|
Type |
Mandate
|
Subtype |
Mandate
|
Description |
Mandate
|
|
Docket Date |
2024-07-31
|
Type |
Disposition by Opinion
|
Subtype |
Affirmed
|
Description |
Affirmed
|
View |
View File
|
|
Docket Date |
2024-07-17
|
Type |
Order
|
Subtype |
Order on Motion/Request for Oral Argument
|
Description |
Upon consideration, Appellant's Request for Oral Argument is hereby denied.
|
View |
View File
|
|
Docket Date |
2024-05-06
|
Type |
Motions Relating to Oral Argument
|
Subtype |
Motion/Request for Oral Argument
|
Description |
Request for Oral Argument
|
On Behalf Of |
Omega Insurance Company
|
View |
View File
|
|
Docket Date |
2024-04-05
|
Type |
Notice
|
Subtype |
Notice of Appearance
|
Description |
Notice of Appearance
|
On Behalf Of |
MSP Recovery Claims, Series LLC
|
View |
View File
|
|
Docket Date |
2024-04-05
|
Type |
Brief
|
Subtype |
Answer Brief
|
Description |
Answer Brief
|
On Behalf Of |
MSP Recovery Claims, Series LLC
|
View |
View File
|
|
Docket Date |
2024-02-22
|
Type |
Notice
|
Subtype |
Notice of Agreed Extension of Time
|
Description |
Appellee's Notice of Agreed Extension of Time to File AB- 30 days to 03/27/2024
|
On Behalf Of |
MAO-MSO Recovery II, LLC
|
View |
View File
|
|
Docket Date |
2024-02-06
|
Type |
Brief
|
Subtype |
Initial Brief
|
Description |
Initial Brief of Appellant
|
On Behalf Of |
Tower Hill Preferred Insurance Company
|
View |
View File
|
|
Docket Date |
2024-02-06
|
Type |
Record
|
Subtype |
Appendix
|
Description |
Appendix to Initial Brief
|
On Behalf Of |
Tower Hill Preferred Insurance Company
|
View |
View File
|
|
Docket Date |
2024-01-19
|
Type |
Event
|
Subtype |
Fee Satisfied
|
Description |
Receipt for Filing Fee paid by check
|
On Behalf Of |
Tower Hill Preferred Insurance Company
|
View |
View File
|
|
Docket Date |
2024-01-18
|
Type |
Order
|
Subtype |
Order on Filing Fee
|
Description |
This is to notify counsel for appellants that the filing and prosecution of a notice of appeal in this Court is not acceptable without compliance with the Florida Rules of Appellate Procedure. Therefore, this appeal will be dismissed unless the required three hundred dollar ($300.00) fee is paid to the Clerk of the Court on or before January 28, 2024.
|
View |
View File
|
|
Docket Date |
2024-01-18
|
Type |
Letter
|
Subtype |
Acknowledgment Letter
|
Description |
Acknowledgment of a New Case Letter. The 3DCA $300 filing fee for a notice of appeal is due.
|
View |
View File
|
|
Docket Date |
2024-01-18
|
Type |
Notice
|
Subtype |
Notice of Appeal Transmittal Form
|
Description |
Notice of Appeal Transmittal Form
|
On Behalf Of |
Miami-Dade Clerk
|
View |
View File
|
|
Docket Date |
2024-05-06
|
Type |
Brief
|
Subtype |
Reply Brief
|
Description |
Reply Brief of Appellant
|
On Behalf Of |
Omega Insurance Company
|
View |
View File
|
|
Docket Date |
2024-03-27
|
Type |
Motions Extensions
|
Subtype |
Motion for Extension of Time to Serve Answer Brief
|
Description |
Motion for Extension of Time to Serve Answer Brief - 10 days to 4/6/24 (Granted)
|
On Behalf Of |
MSP Recovery Claims, Series LLC
|
View |
View File
|
|
|
SFR SERVICES, LLC, A/A/O SAMUEL BARR AND JANE BARR VS OMEGA INSURANCE COMPANY
|
6D2023-0236
|
2022-02-01
|
Closed
|
|
Classification |
NOA Final - Circuit Civil - Other
|
Court |
6th District Court of Appeal
|
Originating Court |
Circuit Court for the Twentieth Judicial Circuit, Collier County
2019-CA-001626
|
Parties
Name |
JANE BARR
|
Role |
Appellant
|
Status |
Active
|
|
Name |
SFR SERVICES, LLC
|
Role |
Appellant
|
Status |
Active
|
Representations |
ERIN M. BERGER Esq., MELISSA A. GIASI Esq.
|
|
Name |
SAMUEL BARR
|
Role |
Appellant
|
Status |
Active
|
|
Name |
OMEGA INSURANCE COMPANY
|
Role |
Appellee
|
Status |
Active
|
Representations |
JUSTIN L. WARREN, ESQ., C. RYAN JONES, ESQ., Michael Monteverde, Esq., PARIS R. WEBB, ESQ., SCOT E. SAMIS, ESQ., COLEEN M. CROCCO, ESQ.
|
|
Name |
HON. LAUREN L. BRODIE
|
Role |
Judge/Judicial Officer
|
Status |
Active
|
|
Name |
CRYSTAL K. KINZEL, CLERK
|
Role |
Lower Tribunal Clerk
|
Status |
Active
|
|
Docket Entries
Docket Date |
2023-12-29
|
Type |
Misc. Events
|
Subtype |
West Publishing
|
Description |
West Publishing
|
|
Docket Date |
2023-12-29
|
Type |
Mandate
|
Subtype |
Mandate
|
Description |
Mandate
|
|
Docket Date |
2023-11-30
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time
|
Description |
Grant EOT (general)-74c ~ Appellant’s Motion For Extension Of Time is granted. The Motion For Written Opinion shall be served by December 13, 2023.
|
|
Docket Date |
2023-09-27
|
Type |
Motions Extensions
|
Subtype |
Motion for Extension of Time
|
Description |
Motion for Extension of Time
|
On Behalf Of |
SFR SERVICES, LLC
|
|
Docket Date |
2023-09-21
|
Type |
Misc. Events
|
Subtype |
Oral Argument Date Set
|
Description |
Oral Argument Date Set ~ **OA DISPENSED WITH**
|
|
Docket Date |
2023-09-12
|
Type |
Order
|
Subtype |
Order on Motion For Attorney's Fees
|
Description |
Order Cond. Granting Attorney Fees-Proposed Settlement (F4) ~ ORDERED that Appellee’s Motion for Attorney’s Fees, filed on February 13, 2023, is provisionally granted upon the lower court’s determination, at the conclusion of the case and pursuant to Florida Rule of Civil Procedure 1.442, that Appellee is entitled to attorney’s fees pursuant to the proposal for settlement.
|
|
Docket Date |
2023-09-12
|
Type |
Disposition by Opinion
|
Subtype |
Affirmed
|
Description |
Affirmed - Per Curiam Affirmed
|
|
Docket Date |
2023-09-06
|
Type |
Order
|
Subtype |
Order Dispensing with Oral Argument
|
Description |
ORD-DISPENSING ORAL ARGUMENT ~ After reviewing the briefs, the court, pursuant to Florida Rule ofAppellate Procedure 9.320, has dispensed with oral argument. The case will be submitted to a conference by a panel of the court.
|
|
Docket Date |
2023-07-12
|
Type |
Notice
|
Subtype |
Notice of Oral Argument
|
Description |
NOTICE OF ORAL ARGUMENT ~ The Court has set the above cause for oral argument on September 21, 2023, at 10:00 a.m., at Florida Southern College, Thad Buckner Building, 948 Johnson Avenue, Lakeland, FL, 33801. Oral arguments are currently scheduled before judges Mary Alice Nardella, Keith F. White, and Jared E. Smith, although the panel composition and the time for the argument are subject to change without notice. The Oral Argument Schedule may be viewed on this Court's website, https://6dca.flcourts.gov. Whenever changes are made, the Oral Argument Schedule is amended to reflect the change. Therefore, you are advised to check the court's website for the most current information.
|
|
Docket Date |
2023-06-07
|
Type |
Brief
|
Subtype |
Reply Brief
|
Description |
Appellant Reply Brief
|
On Behalf Of |
SFR SERVICES, LLC
|
|
Docket Date |
2023-06-07
|
Type |
Response
|
Subtype |
Response
|
Description |
RESPONSE ~ APPELLANT'S RESPONSE TO APPELLEE'S MOTION FORAPPELLATE ATTORNEYS' FEES
|
On Behalf Of |
SFR SERVICES, LLC
|
|
Docket Date |
2023-05-24
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time to Serve Reply Brief
|
Description |
ORDER GRANTING APPELLANT'S REPLY BRIEF ~ Appellant's motion for extension of time to serve reply brief is granted. The reply brief shall be served within fourteen days from the date of this order. The failure to serve the reply brief within fourteen days from the date of this order will result in the case being considered without the benefit of a reply brief.
|
|
Docket Date |
2023-05-18
|
Type |
Motions Extensions
|
Subtype |
Motion for Extension of Time to Serve Reply Brief
|
Description |
Mot. for Extension of Time to File Reply Brief ~ UNOPPOSED MOTION FOR EXTENSIONOF TIME TO FILE REPLY BRIEF
|
On Behalf Of |
SFR SERVICES, LLC
|
|
Docket Date |
2023-03-20
|
Type |
Notice
|
Subtype |
Notice of Agreed Extension of Time
|
Description |
Stipulation for Extension of Time ~ DUPLICATE (RECEIVED FROM 2DCA)
|
On Behalf Of |
SFR SERVICES, LLC
|
|
Docket Date |
2023-03-15
|
Type |
Notice
|
Subtype |
Notice of Agreed Extension of Time
|
Description |
Stipulation for Extension of Time ~ NOTICE OF AGREED EXTENSION OF TIME TO FILE APPELLANT'S REPLY BRIEF//30 - RB DUE 4/14/23 (LAST REQUEST)
|
On Behalf Of |
SFR SERVICES, LLC
|
|
Docket Date |
2023-02-13
|
Type |
Brief
|
Subtype |
Answer Brief
|
Description |
Appellee Answer Brief
|
On Behalf Of |
OMEGA INSURANCE COMPANY
|
|
Docket Date |
2023-02-13
|
Type |
Motions Relating to Attorney Fees/Costs
|
Subtype |
Motion For Attorney's Fees
|
Description |
Motion For Attorney's Fees ~ APPELLEE'S MOTIONFOR APPELLATE ATTORNEYS' FEES
|
On Behalf Of |
OMEGA INSURANCE COMPANY
|
|
Docket Date |
2023-01-11
|
Type |
Notice
|
Subtype |
Notice of Agreed Extension of Time
|
Description |
Stipulation for Extension of Time ~ 30 - AB DUE 2/13/23
|
On Behalf Of |
OMEGA INSURANCE COMPANY
|
|
Docket Date |
2023-01-03
|
Type |
Letter
|
Subtype |
Acknowledgment Letter
|
Description |
Acknowledgment Letter 1
|
|
Docket Date |
2022-12-30
|
Type |
Disposition by Order
|
Subtype |
Transferred
|
Description |
Transfer to Sixth DCA
|
|
Docket Date |
2022-11-14
|
Type |
Notice
|
Subtype |
Notice of Agreed Extension of Time
|
Description |
Stipulation for Extension of Time ~ 60 - AB DUE 1/13/22
|
On Behalf Of |
OMEGA INSURANCE COMPANY
|
|
Docket Date |
2022-10-26
|
Type |
Response
|
Subtype |
Response
|
Description |
RESPONSE ~ APPELLEE'S RESPONSE TO APPELLANT'S MOTION FOR APPELLATE ATTORNEYS' FEES
|
On Behalf Of |
OMEGA INSURANCE COMPANY
|
|
Docket Date |
2022-10-14
|
Type |
Brief
|
Subtype |
Initial Brief
|
Description |
Initial Appellant Brief on Merits
|
On Behalf Of |
SFR SERVICES, LLC
|
|
Docket Date |
2022-10-14
|
Type |
Motions Relating to Attorney Fees/Costs
|
Subtype |
Motion For Attorney's Fees
|
Description |
Motion For Attorney's Fees ~ APPELLANT'S MOTION FOR APPELLATE ATTORNEY'S FEES
|
On Behalf Of |
SFR SERVICES, LLC
|
|
Docket Date |
2022-10-14
|
Type |
Motions Relating to Oral Argument
|
Subtype |
Motion/Request for Oral Argument
|
Description |
Request for Oral Argument
|
On Behalf Of |
SFR SERVICES, LLC
|
|
Docket Date |
2022-10-11
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
Description |
ORDER GRANTING EOT FOR INITIAL BRIEF ~ Appellant's motion for extension of time is granted, and the initial brief shall be served within three days from the date of this order.
|
|
Docket Date |
2022-10-07
|
Type |
Motions Extensions
|
Subtype |
Motion for Extension of Time to Serve Initial Brief
|
Description |
Mot. for Extension of time to file Initial Brief ~ UNOPPOSED MOTION FOR EXTENSIONOF TIME TO FILE APPELLANT'S INITIAL BRIEF
|
On Behalf Of |
SFR SERVICES, LLC
|
|
Docket Date |
2022-10-04
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
Description |
ORDER GRANTING EOT FOR INITIAL BRIEF ~ Appellant's motion for extension of time is granted, and the initial brief shall be served within three days from the date of this order.
|
|
Docket Date |
2022-09-30
|
Type |
Motions Extensions
|
Subtype |
Motion for Extension of Time to Serve Initial Brief
|
Description |
Mot. for Extension of time to file Initial Brief ~ UNOPPOSED MOTION FOR EXTENSIONOF TIME TO FILE APPELLANT'S INITIAL BRIEF
|
On Behalf Of |
SFR SERVICES, LLC
|
|
Docket Date |
2022-09-20
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
Description |
ORDER GRANTING EOT FOR INITIAL BRIEF ~ Appellant's motion for extension of time is granted, and the initial brief shallbe served within seven days from the date of this order.
|
|
Docket Date |
2022-09-19
|
Type |
Motions Extensions
|
Subtype |
Motion for Extension of Time to Serve Initial Brief
|
Description |
Mot. for Extension of time to file Initial Brief ~ UNOPPOSED MOTION FOR EXTENSIONOF TIME TO FILE APPELLANT'S INITIAL BRIEF
|
On Behalf Of |
SFR SERVICES, LLC
|
|
Docket Date |
2022-09-07
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
Description |
ORDER GRANTING EOT FOR INITIAL BRIEF ~ Appellant's motion for extension of time is granted, and the initial brief shallbe served by September 19, 2022.
|
|
Docket Date |
2022-09-06
|
Type |
Motions Extensions
|
Subtype |
Motion for Extension of Time to Serve Initial Brief
|
Description |
Mot. for Extension of time to file Initial Brief ~ UNOPPOSED MOTION FOR EXTENSIONOF TIME TO FILE APPELLANT'S INITIAL BRIEF
|
On Behalf Of |
SFR SERVICES, LLC
|
|
Docket Date |
2022-07-14
|
Type |
Record
|
Subtype |
Transcript
|
Description |
Transcript Received ~ 1157 PAGES
|
|
Docket Date |
2022-07-13
|
Type |
Order
|
Subtype |
Order on Motion to Supplement Record & EOT/Toll Briefing
|
Description |
ORD-GRANT SUPP.REC & EOT F/BRF ~ Appellant's Notice of Withdrawal of Agreed Extension of Time to File Appellant'sInitial Brief is treated as a motion to withdraw the agreed extension of time and granted.The Notice of Agreed Extension of Time to File Appellant's Initial Brief is herebywithdrawn. Appellant's Unopposed Motion for Extension of Time to Supplement theRecord on Appeal is granted, and appellant shall make arrangements within three dayswith the clerk of the lower tribunal for the supplementation of the record with the itemsmentioned in the motion, with the supplemental record to be filed in this court withintwenty-five days from the date of this order. The initial brief shall be served within fiftyfivedays from the date of this order.
|
|
Docket Date |
2022-07-11
|
Type |
Notice
|
Subtype |
Notice of Agreed Extension of Time
|
Description |
Stipulation for Extension of Time ~ **SEE NOTICE OF WITHDRAWAL OF STIPULATION**
|
On Behalf Of |
SFR SERVICES, LLC
|
|
Docket Date |
2022-07-11
|
Type |
Motions Relating to Records
|
Subtype |
Motion to Supplement Record & EOT/Toll Briefing
|
Description |
Motion Supplemental Record & Eot For Brief ~ UNOPPOSED MOTION TO SUPPLEMENT RECORD ON APPEAL
|
On Behalf Of |
SFR SERVICES, LLC
|
|
Docket Date |
2022-06-10
|
Type |
Notice
|
Subtype |
Notice of Agreed Extension of Time
|
Description |
Stipulation for Extension of Time ~ 30 - IB DUE 7/10/22 (LAST REQUEST)
|
On Behalf Of |
SFR SERVICES, LLC
|
|
Docket Date |
2022-04-11
|
Type |
Notice
|
Subtype |
Notice of Agreed Extension of Time
|
Description |
Stipulation for Extension of Time ~ 60 - IB DUE 6/10/22
|
On Behalf Of |
SFR SERVICES, LLC
|
|
Docket Date |
2022-03-04
|
Type |
Record
|
Subtype |
Record on Appeal
|
Description |
Received Records ~ BRODIE - 4933 PAGES
|
|
Docket Date |
2022-02-22
|
Type |
Misc. Events
|
Subtype |
Case Filing Fee Paid through Portal
|
Description |
Case Filing Fee Paid through Portal
|
On Behalf Of |
SFR SERVICES, LLC
|
|
Docket Date |
2022-02-03
|
Type |
Notice
|
Subtype |
Notice of Appearance
|
Description |
Notice of Appearance
|
On Behalf Of |
OMEGA INSURANCE COMPANY
|
|
Docket Date |
2022-02-02
|
Type |
Order
|
Subtype |
Order on Filing Fee
|
Description |
fee - civil; atty ~ This appeal has been filed without a filing fee required by section 35.22(2)(a), Florida Statutes, Florida Statutes.If the attorney for appellant has not already done so, they shall forward the required $300.00 filing fee or, if applicable, a certificate or order of the lower tribunal finding appellant insolvent pursuant to section 57.081, Florida Statutes, within twenty days from the date of this order.If this court does not receive either of the above within the prescribed time, this appeal may be subject to dismissal without further notice.
|
|
Docket Date |
2022-02-02
|
Type |
Letter
|
Subtype |
Acknowledgment Letter
|
Description |
Acknowledgment Letter 1
|
|
Docket Date |
2022-02-01
|
Type |
Notice
|
Subtype |
Notice of Appeal
|
Description |
Notice of Appeal Filed ~ W/ORDER
|
On Behalf Of |
SFR SERVICES, LLC
|
|
Docket Date |
2022-02-01
|
Type |
Misc. Events
|
Subtype |
Fee Status
|
Description |
FP:Fee Paid Through Portal
|
|
|
SFR SERVICES, LLC, A/A/O SAMUEL BARR AND JANE BARR VS OMEGA INSURANCE COMPANY
|
2D2022-0327
|
2022-02-01
|
Closed
|
|
Classification |
NOA Final - Circuit Civil - Other
|
Court |
2nd District Court of Appeal
|
Originating Court |
Circuit Court for the Twentieth Judicial Circuit, Collier County
2019-CA-001626
|
Parties
Name |
SAMUEL BARR
|
Role |
Appellant
|
Status |
Active
|
|
Name |
JANE BARR
|
Role |
Appellant
|
Status |
Active
|
|
Name |
SFR SERVICES, LLC
|
Role |
Appellant
|
Status |
Active
|
Representations |
MELISSA A. GIASI, ESQ., ERIN M. BERGER, ESQ.
|
|
Name |
OMEGA INSURANCE COMPANY
|
Role |
Appellee
|
Status |
Active
|
Representations |
JUSTIN L. WARREN, ESQ., COLEEN M. BALKIE, ESQ., Michael Monteverde, Esq., PARIS R. WEBB, ESQ., SCOT E. SAMIS, ESQ.
|
|
Name |
HON. LAUREN L. BRODIE
|
Role |
Judge/Judicial Officer
|
Status |
Active
|
|
Name |
COLLIER CLERK
|
Role |
Lower Tribunal Clerk
|
Status |
Active
|
|
Docket Entries
Docket Date |
2023-03-15
|
Type |
Notice
|
Subtype |
Notice of Agreed Extension of Time
|
Description |
Stipulation for Extension of Time ~ 30 - RB DUE 04/14/2023
|
On Behalf Of |
SFR SERVICES, LLC
|
|
Docket Date |
2022-12-30
|
Type |
Disposition by Order
|
Subtype |
Transferred
|
Description |
Transfer to Sixth DCA
|
|
Docket Date |
2022-12-30
|
Type |
Disposition
|
Subtype |
Transferred
|
Description |
Transferred - Order by Judge ~ TRANSFERRED TO 6th DCA
|
|
Docket Date |
2022-11-14
|
Type |
Notice
|
Subtype |
Notice of Agreed Extension of Time
|
Description |
Stipulation for Extension of Time ~ 60 - AB DUE 1/13/22
|
On Behalf Of |
OMEGA INSURANCE COMPANY
|
|
Docket Date |
2022-10-26
|
Type |
Response
|
Subtype |
Response
|
Description |
RESPONSE ~ APPELLEE'S RESPONSE TO APPELLANT'S MOTION FOR APPELLATE ATTORNEYS' FEES
|
On Behalf Of |
OMEGA INSURANCE COMPANY
|
|
Docket Date |
2022-10-14
|
Type |
Motions Relating to Oral Argument
|
Subtype |
Motion/Request for Oral Argument
|
Description |
Request for Oral Argument
|
On Behalf Of |
SFR SERVICES, LLC
|
|
Docket Date |
2022-10-14
|
Type |
Brief
|
Subtype |
Initial Brief
|
Description |
Initial Appellant Brief on Merits
|
On Behalf Of |
SFR SERVICES, LLC
|
|
Docket Date |
2022-10-14
|
Type |
Motions Relating to Attorney Fees/Costs
|
Subtype |
Motion For Attorney's Fees
|
Description |
Motion For Attorney's Fees ~ APPELLANT'S MOTION FOR APPELLATE ATTORNEY'S FEES
|
On Behalf Of |
SFR SERVICES, LLC
|
|
Docket Date |
2022-10-11
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
Description |
ORDER GRANTING EOT FOR INITIAL BRIEF ~ Appellant's motion for extension of time is granted, and the initial brief shall be served within three days from the date of this order.
|
|
Docket Date |
2022-10-07
|
Type |
Motions Extensions
|
Subtype |
Motion for Extension of Time to Serve Initial Brief
|
Description |
Mot. for Extension of time to file Initial Brief ~ UNOPPOSED MOTION FOR EXTENSIONOF TIME TO FILE APPELLANT'S INITIAL BRIEF
|
On Behalf Of |
SFR SERVICES, LLC
|
|
Docket Date |
2022-10-04
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
Description |
ORDER GRANTING EOT FOR INITIAL BRIEF ~ Appellant's motion for extension of time is granted, and the initial brief shall be served within three days from the date of this order.
|
|
Docket Date |
2022-09-30
|
Type |
Motions Extensions
|
Subtype |
Motion for Extension of Time to Serve Initial Brief
|
Description |
Mot. for Extension of time to file Initial Brief ~ UNOPPOSED MOTION FOR EXTENSIONOF TIME TO FILE APPELLANT'S INITIAL BRIEF
|
On Behalf Of |
SFR SERVICES, LLC
|
|
Docket Date |
2022-09-20
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
Description |
ORDER GRANTING EOT FOR INITIAL BRIEF ~ Appellant's motion for extension of time is granted, and the initial brief shallbe served within seven days from the date of this order.
|
|
Docket Date |
2022-09-19
|
Type |
Motions Extensions
|
Subtype |
Motion for Extension of Time to Serve Initial Brief
|
Description |
Mot. for Extension of time to file Initial Brief ~ UNOPPOSED MOTION FOR EXTENSIONOF TIME TO FILE APPELLANT'S INITIAL BRIEF
|
On Behalf Of |
SFR SERVICES, LLC
|
|
Docket Date |
2022-09-07
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
Description |
ORDER GRANTING EOT FOR INITIAL BRIEF ~ Appellant's motion for extension of time is granted, and the initial brief shallbe served by September 19, 2022.
|
|
Docket Date |
2022-09-06
|
Type |
Motions Extensions
|
Subtype |
Motion for Extension of Time to Serve Initial Brief
|
Description |
Mot. for Extension of time to file Initial Brief ~ UNOPPOSED MOTION FOR EXTENSIONOF TIME TO FILE APPELLANT'S INITIAL BRIEF
|
On Behalf Of |
SFR SERVICES, LLC
|
|
Docket Date |
2022-07-14
|
Type |
Record
|
Subtype |
Supplemental Record
|
Description |
Supplemental Records ~ 7 PAGES
|
|
Docket Date |
2022-07-13
|
Type |
Order
|
Subtype |
Order on Miscellaneous Motion
|
Description |
Grant Miscellaneous Motion-79 ~ Appellant's Notice of Withdrawal of Agreed Extension of Time to File Appellant's Initial Brief is treated as a motion to withdraw the agreed extension of time and granted. The Notice of Agreed Extension of Time to File Appellant's Initial Brief is hereby withdrawn.
|
|
Docket Date |
2022-07-11
|
Type |
Notice
|
Subtype |
Notice of Agreed Extension of Time
|
Description |
Stipulation for Extension of Time ~ **SEE NOTICE OF WITHDRAWAL OF STIPULATION**
|
On Behalf Of |
SFR SERVICES, LLC
|
|
Docket Date |
2022-07-11
|
Type |
Motions Relating to Records
|
Subtype |
Motion to Supplement Record & EOT/Toll Briefing
|
Description |
Motion Supplemental Record & Eot For Brief ~ UNOPPOSED MOTION TO SUPPLEMENT RECORD ON APPEAL
|
On Behalf Of |
SFR SERVICES, LLC
|
|
Docket Date |
2022-06-10
|
Type |
Notice
|
Subtype |
Notice of Agreed Extension of Time
|
Description |
Stipulation for Extension of Time ~ 30 - IB DUE 7/10/22 (LAST REQUEST)
|
On Behalf Of |
SFR SERVICES, LLC
|
|
Docket Date |
2022-04-11
|
Type |
Notice
|
Subtype |
Notice of Agreed Extension of Time
|
Description |
Stipulation for Extension of Time ~ 60 - IB DUE 6/10/22
|
On Behalf Of |
SFR SERVICES, LLC
|
|
Docket Date |
2022-03-04
|
Type |
Record
|
Subtype |
Record on Appeal
|
Description |
Received Records ~ BRODIE - 4933 PAGES
|
|
Docket Date |
2022-02-22
|
Type |
Misc. Events
|
Subtype |
Case Filing Fee Paid through Portal
|
Description |
Case Filing Fee Paid through Portal
|
On Behalf Of |
SFR SERVICES, LLC
|
|
Docket Date |
2022-02-03
|
Type |
Notice
|
Subtype |
Notice of Appearance
|
Description |
Notice of Appearance
|
On Behalf Of |
OMEGA INSURANCE COMPANY
|
|
Docket Date |
2022-02-02
|
Type |
Letter
|
Subtype |
Acknowledgment Letter
|
Description |
Acknowledgment Letter 1
|
|
Docket Date |
2022-02-02
|
Type |
Order
|
Subtype |
Order on Filing Fee
|
Description |
fee - civil; atty ~ This appeal has been filed without a filing fee required by section 35.22(2)(a), Florida Statutes, Florida Statutes.If the attorney for appellant has not already done so, they shall forward the required $300.00 filing fee or, if applicable, a certificate or order of the lower tribunal finding appellant insolvent pursuant to section 57.081, Florida Statutes, within twenty days from the date of this order.If this court does not receive either of the above within the prescribed time, this appeal may be subject to dismissal without further notice.
|
|
Docket Date |
2022-02-01
|
Type |
Notice
|
Subtype |
Notice of Appeal
|
Description |
Notice of Appeal Filed ~ W/ORDER
|
On Behalf Of |
SFR SERVICES, LLC
|
|
Docket Date |
2022-02-01
|
Type |
Misc. Events
|
Subtype |
Fee Status
|
Description |
FP:Fee Paid Through Portal
|
|
|
ALEX FINCH D/ B/ A FINCH LAW FIRM AND FROMANG & FINCH, P.A. VS MASSEY CONSTRUCTION GROUP, INC. A/ A/ O MANU & RAMA JOGANI AND OMEGA INSURANCE COMPANY
|
2D2021-2424
|
2021-08-09
|
Closed
|
|
Classification |
Original Proceedings - Circuit Civil - Prohibition
|
Court |
2nd District Court of Appeal
|
Originating Court |
Circuit Court for the Twentieth Judicial Circuit, Collier County
20-CA-2183
|
Parties
Name |
FINCH LAW FIRM
|
Role |
Petitioner
|
Status |
Active
|
|
Name |
ALEX FINCH
|
Role |
Petitioner
|
Status |
Active
|
Representations |
ALEX FINCH, ESQ.
|
|
Name |
FROMANG & FINCH, P.A.
|
Role |
Petitioner
|
Status |
Active
|
|
Name |
MASSEY CONSTRUCTION GROUP , INC.
|
Role |
Respondent
|
Status |
Active
|
Representations |
MELISSA A. GIASI, ESQ., MICHAEL HOLTMANN, ESQ., ERIN M. BERGER, ESQ., SUSAN Z. AYERS, ESQ., LEVI WILKES, ESQ.
|
|
Name |
MANU D. JOGANI
|
Role |
Respondent
|
Status |
Active
|
|
Name |
OMEGA INSURANCE COMPANY
|
Role |
Respondent
|
Status |
Active
|
|
Name |
RAMA M. JOGANI
|
Role |
Respondent
|
Status |
Active
|
|
Name |
HONORABLE ELIZABETH V. KRIER
|
Role |
Judge/Judicial Officer
|
Status |
Active
|
|
Name |
COLLIER CLERK
|
Role |
Lower Tribunal Clerk
|
Status |
Active
|
|
Docket Entries
Docket Date |
2022-01-10
|
Type |
Misc. Events
|
Subtype |
Case Closed
|
Description |
Case Closed
|
|
Docket Date |
2021-12-20
|
Type |
Disposition by Order
|
Subtype |
Denied
|
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.
|
|
Docket Date |
2021-12-20
|
Type |
Disposition
|
Subtype |
Denied
|
Description |
Denied - Order by Judge ~ NORTHCUTT, KELLY, and BLACK
|
|
Docket Date |
2021-09-13
|
Type |
Notice
|
Subtype |
Notice of Appearance
|
Description |
Notice of Appearance
|
On Behalf Of |
MASSEY CONSTRUCTION GROUP, INC.
|
|
Docket Date |
2021-08-10
|
Type |
Record
|
Subtype |
Appendix
|
Description |
ORIGINAL APPENDIX OR ATTACHMENT ~ PETITIONERS' APPENDIX TO PETITION FORWRIT OF CERTIORARI, PROHIBITION AND MANDAMUS
|
On Behalf Of |
ALEX FINCH
|
|
Docket Date |
2021-08-09
|
Type |
Letter
|
Subtype |
Acknowledgment Letter
|
Description |
Acknowledgment Letter 1
|
|
Docket Date |
2021-08-09
|
Type |
Petition
|
Subtype |
Petition
|
Description |
Petition Filed
|
On Behalf Of |
ALEX FINCH
|
|
Docket Date |
2021-08-09
|
Type |
Misc. Events
|
Subtype |
Fee Status
|
Description |
FP:Fee Paid Through Portal
|
|
Docket Date |
2021-08-12
|
Type |
Order
|
Subtype |
Order
|
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.
|
|
|
THE KIDWELL GROUP, LLC VS OMEGA INSURANCE COMPANY
|
4D2021-0476
|
2021-01-19
|
Closed
|
|
Classification |
NOA Final - County Small Claims - Other
|
Court |
4th District Court of Appeal
|
Originating Court |
Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County
2020SC6915, 2020AP85
|
Parties
Name |
THE KIDWELL GROUP LLC
|
Role |
Appellant
|
Status |
Active
|
Representations |
Virginia E. Davis Horton, Chad A. Barr
|
|
Name |
OMEGA INSURANCE COMPANY
|
Role |
Appellee
|
Status |
Active
|
Representations |
Scot E. Samis, Scott D. Danahy
|
|
Name |
Hon. Edward A. Garrison
|
Role |
Judge/Judicial Officer
|
Status |
Active
|
|
Name |
Clerk - Palm Beach
|
Role |
Lower Tribunal Clerk
|
Status |
Active
|
|
Docket Entries
Docket Date |
2021-12-10
|
Type |
Misc. Events
|
Subtype |
West Publishing
|
Description |
West Publishing
|
|
Docket Date |
2021-12-10
|
Type |
Mandate
|
Subtype |
Mandate
|
Description |
Mandate
|
|
Docket Date |
2021-11-18
|
Type |
Disposition by Opinion
|
Subtype |
Affirmed
|
Description |
Affirmed - Per Curiam Affirmed
|
|
Docket Date |
2021-11-18
|
Type |
Order
|
Subtype |
Order on Motion For Attorney's Fees
|
Description |
Deny Attorney's Fees ~ ORDERED that appellant’s May 6, 2021 motion for award of appellate attorney's fees is denied.
|
|
Docket Date |
2021-09-01
|
Type |
Brief
|
Subtype |
Answer Brief
|
Description |
Appellee's Answer Brief
|
On Behalf Of |
Omega Insurance Company
|
|
Docket Date |
2021-09-01
|
Type |
Motions Relating to Attorney Fees/Costs
|
Subtype |
Motion For Attorney's Fees
|
Description |
Motion For Attorney's Fees
|
On Behalf Of |
Omega Insurance Company
|
|
Docket Date |
2021-08-17
|
Type |
Order
|
Subtype |
Order Vacating/Withdrawing Order
|
Description |
ORD-Amended Order ~ ORDERED that this court's August 16, 2021 order is amended as follows: ORDERED that appellee's August 13, 2021 motion for extension of time is granted in part. Appellee shall serve the answer brief within fifteen (15) days from the current due date. In addition, appellee is notified that the failure to serve the brief within the time provided herein may foreclose appellee's right to file a brief or otherwise participate in this appeal.
|
|
Docket Date |
2021-08-16
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
Description |
Order Granting EOT for Answer Brief ~ ORDERED that appellee's August 13, 2021 motion for extension of time is granted in part. Appellee shall serve the answer brief within fifteen (15) days from the date of this order. In addition, appellee is notified that the failure to serve the brief within the time provided herein may foreclose appellee's right to file a brief or otherwise participate in this appeal.
|
|
Docket Date |
2021-08-13
|
Type |
Motions Extensions
|
Subtype |
Motion for Extension of Time to Serve Answer Brief
|
Description |
Mot. for Extension of time to file Answer Brief
|
On Behalf Of |
Omega Insurance Company
|
|
Docket Date |
2021-07-15
|
Type |
Notice
|
Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
Description |
Notice of Agreed Extension - Answer Brief
|
On Behalf Of |
Omega Insurance Company
|
|
Docket Date |
2021-07-15
|
Type |
Order
|
Subtype |
Order on Agreed Extension of Time
|
Description |
Recognizing Agreed Extension of Time ~ 30 DAYS TO 8/23/21
|
|
Docket Date |
2021-05-27
|
Type |
Notice
|
Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
Description |
Notice of Agreed Extension - Answer Brief
|
On Behalf Of |
Omega Insurance Company
|
|
Docket Date |
2021-05-27
|
Type |
Order
|
Subtype |
Order on Agreed Extension of Time
|
Description |
Recognizing Agreed Extension of Time ~ 45 DAYS TO 7/22/21
|
|
Docket Date |
2021-05-10
|
Type |
Response
|
Subtype |
Response
|
Description |
Response ~ TO MOTION FOR ATTORNEY'S FEES
|
On Behalf Of |
Omega Insurance Company
|
|
Docket Date |
2021-05-06
|
Type |
Brief
|
Subtype |
Initial Brief
|
Description |
Initial Brief on Merits
|
On Behalf Of |
The Kidwell Group, LLC
|
|
Docket Date |
2021-05-06
|
Type |
Motions Relating to Attorney Fees/Costs
|
Subtype |
Motion For Attorney's Fees
|
Description |
Motion For Attorney's Fees ~ (RESPONSE FILED 5/10/21)
|
On Behalf Of |
The Kidwell Group, LLC
|
|
Docket Date |
2021-04-26
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
Description |
ORD-Initial Brief to be Served ~ ORDERED that appellant's April 23, 2021 motion for extension of time is granted in part. Appellant shall serve the initial brief within ten (10) 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. Attorney workload does not constitute extraordinary circumstances which justifies a further extension of time.
|
|
Docket Date |
2021-04-23
|
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 |
The Kidwell Group, LLC
|
|
Docket Date |
2021-03-24
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
Description |
Order Granting EOT for Initial Brief ~ ORDERED that appellant's March 23, 2021 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 |
2021-03-23
|
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 |
The Kidwell Group, LLC
|
|
Docket Date |
2021-02-01
|
Type |
Notice
|
Subtype |
Notice
|
Description |
Notice
|
On Behalf Of |
Omega Insurance Company
|
|
Docket Date |
2021-01-25
|
Type |
Notice
|
Subtype |
Notice
|
Description |
Notice
|
On Behalf Of |
The Kidwell Group, LLC
|
|
Docket Date |
2021-01-22
|
Type |
Order
|
Subtype |
Order
|
Description |
Related Case Order - Transfer ~ Upon consideration of the transfer of this case to this court from the circuit court, it is ORDERED that within ten (10) days from the date of this order, the parties shall: (1) ascertain whether there are any cases pending in this court, or any cases which are being transferred to this court from the circuit court, which are related to this case or raise same/similar issue(s); (2) if there are any related cases or cases which raise same/similar issue(s), file with this court a “Notice of Related Cases and/or Same or Similar Issues” which identifies those cases by district court and/or circuit court case number, states how those cases are related or contain same/similar issue(s) to this case, and addresses whether it would be appropriate for this court to consolidate those cases for all purposes or for purposes of assignment to the same panel; and (3) if there are no related cases or cases which raise same/similar issue(s), file a “Notice of Related Cases and/or Same or Similar Issues” which indicates that there are no related cases or cases with the same/similar issue(s).The parties may jointly file a single “Notice of Related Cases and/or Same or Similar Issues” in response to this order.
|
|
Docket Date |
2021-01-21
|
Type |
Letter
|
Subtype |
Acknowledgment Letter
|
Description |
Acknowledgment Letter
|
|
Docket Date |
2021-01-19
|
Type |
Misc. Events
|
Subtype |
Fee Status
|
Description |
NF:Not Required
|
|
Docket Date |
2021-01-19
|
Type |
Notice
|
Subtype |
Notice of Appeal
|
Description |
Notice of Appeal Filed
|
On Behalf Of |
Clerk - Palm Beach
|
|
Docket Date |
2021-01-19
|
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 |
The Kidwell Group, LLC
|
|
Docket Date |
2021-01-19
|
Type |
Record
|
Subtype |
Record on Appeal
|
Description |
Received Records ~ 412 PAGES
|
On Behalf Of |
Clerk - Palm Beach
|
|
|
JOHN BROWN and GEORGENE BROWN VS OMEGA INSURANCE COMPANY
|
4D2021-0120
|
2021-01-07
|
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
502018CA010137XXXMB
|
Parties
Name |
JOHN BROWN LLC
|
Role |
Appellant
|
Status |
Active
|
Representations |
Earl I. Higgs
|
|
Name |
Georgene Brown
|
Role |
Appellant
|
Status |
Active
|
|
Name |
OMEGA INSURANCE COMPANY
|
Role |
Appellee
|
Status |
Active
|
Representations |
Sarah Weber, Matthew Tabakman, Scot E. Samis
|
|
Name |
Hon. John S. Kastrenakes
|
Role |
Judge/Judicial Officer
|
Status |
Active
|
|
Name |
Clerk - Palm Beach
|
Role |
Lower Tribunal Clerk
|
Status |
Active
|
|
Docket Entries
Docket Date |
2021-06-22
|
Type |
Notice
|
Subtype |
Concession/Confession of Error
|
Description |
Confession of Error
|
On Behalf Of |
John Brown
|
|
Docket Date |
2021-06-22
|
Type |
Motions Relating to Attorney Fees/Costs
|
Subtype |
Motion For Attorney's Fees
|
Description |
Motion For Attorney's Fees
|
On Behalf Of |
John Brown
|
|
Docket Date |
2021-06-17
|
Type |
Order
|
Subtype |
Order re Stay
|
Description |
Stay is lifted, case to proceed ~ This court having reached its decision in case number 4D20-0563, it is ORDERED that the stay entered on February 18, 2021, is lifted. Further,ORDERED that the parties shall file a status report, within five (5) days from the date of this order, as to how they wish to proceed.
|
|
Docket Date |
2021-01-25
|
Type |
Misc. Events
|
Subtype |
Case Filing Fee Paid through Portal
|
Description |
Case Filing Fee Paid Through Portal
|
On Behalf Of |
John Brown
|
|
Docket Date |
2021-01-12
|
Type |
Order
|
Subtype |
Order Striking Filing
|
Description |
Stricken - Non-Compliance With R. 9.045 ~ ORDERED that appellee’s January 12, 2021 notice of appearance 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.
|
|
Docket Date |
2021-01-11
|
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. 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 circuit court clerk's determination of indigent status is filed.
|
|
Docket Date |
2021-03-19
|
Type |
Record
|
Subtype |
Record on Appeal
|
Description |
Received Records ~ 281 PAGES
|
On Behalf Of |
Clerk - Palm Beach
|
|
Docket Date |
2021-08-06
|
Type |
Mandate
|
Subtype |
Mandate
|
Description |
Mandate
|
|
Docket Date |
2021-08-06
|
Type |
Misc. Events
|
Subtype |
West Publishing
|
Description |
West Publishing
|
|
Docket Date |
2021-07-21
|
Type |
Order
|
Subtype |
Order on Motion For Attorney's Fees
|
Description |
Order Granting Attorney Fees-Prevailing ~ ORDERED that appellants’ June 22, 2021 motion for attorney's fees is granted conditioned on the trial court determining that appellants are the prevailing party 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.
|
|
Docket Date |
2021-07-21
|
Type |
Disposition by Opinion
|
Subtype |
Reversed
|
Description |
Reversed - Authored Opinion ~ CONFESSION OF ERROR
|
|
Docket Date |
2021-02-18
|
Type |
Order
|
Subtype |
Order on Motion to Withdraw Filing
|
Description |
ORD-To Withdraw Pleadings ~ ORDERED that appellants' February 17, 2021 “notice of withdrawal of appellants’ motion to consolidate” is treated as a motion to withdraw and is granted. Appellants’ February 15, 2021 motion to consolidate is considered withdrawn. Further,ORDERED that appellants’ February 17, 2021 motion to stay is granted, and case 4D21-0120 is stayed pending this court’s decision in case 4D20-0563.
|
|
Docket Date |
2021-02-17
|
Type |
Motions Other
|
Subtype |
Motion to Withdraw Filing
|
Description |
Motion To Withdraw Pleadings ~ NOTICE OF WITHDRAWAL OF MOTION TO CONSOLIDATE.
|
On Behalf Of |
John Brown
|
|
Docket Date |
2021-02-15
|
Type |
Motions Other
|
Subtype |
Motion To Consolidate
|
Description |
Motion To Consolidate ~ **WITHDRAWN, SEE 02/18/2021 ORDER**
|
On Behalf Of |
John Brown
|
|
Docket Date |
2021-01-27
|
Type |
Notice
|
Subtype |
Notice of Appearance
|
Description |
Notice of Appearance
|
On Behalf Of |
Omega Insurance Company
|
|
Docket Date |
2021-01-12
|
Type |
Notice
|
Subtype |
Notice of Appearance
|
Description |
Notice of Appearance
|
On Behalf Of |
Omega Insurance Company
|
|
Docket Date |
2021-01-11
|
Type |
Letter
|
Subtype |
Acknowledgment Letter
|
Description |
Acknowledgment Letter
|
|
Docket Date |
2021-01-07
|
Type |
Notice
|
Subtype |
Notice of Appeal
|
Description |
Notice of Appeal Filed
|
On Behalf Of |
John Brown
|
|
Docket Date |
2021-01-07
|
Type |
Misc. Events
|
Subtype |
Fee Status
|
Description |
FP:Fee Paid Through Portal
|
|
|
ELIJAH JACKSON, JR. VS OMEGA INSURANCE COMPANY, ET AL.
|
SC2020-0775
|
2020-06-01
|
Closed
|
|
Classification |
Discretionary Review - Notice to Invoke - Statutory Validity
|
Court |
Supreme Court of Florida
|
Originating Court |
Circuit Court for the Tenth Judicial Circuit, Polk County
2D20-23
Circuit Court for the Tenth Judicial Circuit, Polk County
532006SC000359000000
Circuit Court for the Tenth Judicial Circuit, Polk County
532006AP000008000000
|
Parties
Name |
ELIJAH JACKSON, JR. INCORPORATED
|
Role |
Petitioner
|
Status |
Active
|
|
Name |
OMEGA INSURANCE COMPANY
|
Role |
Respondent
|
Status |
Active
|
|
Name |
CLARENDON SELECT INSURANCE, CO.
|
Role |
Respondent
|
Status |
Active
|
|
Name |
TOWER HILL INSURANCE GROUP, INC.
|
Role |
Respondent
|
Status |
Active
|
Representations |
CHRISTOPHER T. HILL
|
|
Name |
Hon. Ellen S. Masters
|
Role |
Judge/Judicial Officer
|
Status |
Active
|
|
Name |
Hon. Mary Beth Kuenzel
|
Role |
Lower Tribunal Clerk
|
Status |
Active
|
|
Name |
Hon. Stacy M. Butterfield
|
Role |
Lower Tribunal Clerk
|
Status |
Active
|
|
Docket Entries
Docket Date |
2020-07-16
|
Type |
Order
|
Subtype |
District Court of Appeal
|
Description |
ORDER-DISTRICT COURT OF APPEAL ~ Order dated June 22, 2020, denying motion for rehearing, motion for rehearing en banc and motion for reconsideration.
|
View |
View File
|
|
Docket Date |
2020-06-02
|
Type |
Letter-Case
|
Subtype |
Acknowledgment Letter-New Case
|
Description |
ACKNOWLEDGMENT LETTER-NEW CASE
|
|
Docket Date |
2020-06-02
|
Type |
Event
|
Subtype |
No Fee - Insolvent
|
Description |
No Fee - Insolvent ~ Insolvent Below
|
|
Docket Date |
2020-06-02
|
Type |
Order
|
Subtype |
Stay Proceedings FSC (DCA Reh)
|
Description |
ORDER-STAY PROCEEDINGS FSC (DCA REH) ~ The proceedings in the above cause are hereby stayed in this Court pending disposition of the Motion for Rehearing in the Second District Court of Appeal.Petitioner is to advise this Court thirty days from the date of this order, and every thirty days thereafter, of the status of the motion for rehearing which is now pending in said district court.
|
|
Docket Date |
2020-06-01
|
Type |
Misc. Events
|
Subtype |
Fee Status
|
Description |
NI:No Fee - Insolvent
|
|
Docket Date |
2020-06-01
|
Type |
Notice
|
Subtype |
Invoke Discretionary Jurisdiction
|
Description |
NOTICE-DISCRETIONARY JURIS (STAT VALID)
|
On Behalf Of |
Elijah Jackson Jr.
|
View |
View File
|
|
Docket Date |
2020-07-17
|
Type |
Disposition
|
Subtype |
Rev/Appeal Dism No Juris Omnibus
|
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, No. SC19-1916 (Fla. June 11, 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.
|
|
|
JOHN BROWN and GEORGENE BROWN VS OMEGA INSURANCE COMPANY
|
4D2020-0563
|
2020-02-28
|
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
502018CA010137
|
Parties
Name |
Georgene Brown
|
Role |
Appellant
|
Status |
Active
|
|
Name |
JOHN BROWN LLC
|
Role |
Appellant
|
Status |
Active
|
Representations |
Earl I. Higgs
|
|
Name |
OMEGA INSURANCE COMPANY
|
Role |
Appellee
|
Status |
Active
|
Representations |
Sarah Weber, Scot E. Samis
|
|
Name |
Hon. John S. Kastrenakes
|
Role |
Judge/Judicial Officer
|
Status |
Active
|
|
Name |
Clerk - Palm Beach
|
Role |
Lower Tribunal Clerk
|
Status |
Active
|
|
Docket Entries
Docket Date |
2020-08-11
|
Type |
Motions Relating to Oral Argument
|
Subtype |
Motion/Request for Oral Argument
|
Description |
Request for Oral Argument
|
On Behalf Of |
John Brown
|
|
Docket Date |
2021-06-11
|
Type |
Mandate
|
Subtype |
Mandate
|
Description |
Mandate
|
|
Docket Date |
2021-06-11
|
Type |
Misc. Events
|
Subtype |
West Publishing
|
Description |
West Publishing
|
|
Docket Date |
2021-06-08
|
Type |
Notice
|
Subtype |
Notice
|
Description |
Notice ~ SECOND AMENDED DESIGNATION OF E-MAIL ADDRESS PURSUANT TO RULE 2.516
|
On Behalf Of |
John Brown
|
|
Docket Date |
2021-05-26
|
Type |
Disposition by Opinion
|
Subtype |
Reversed
|
Description |
Reversed - Authored Opinion
|
|
Docket Date |
2021-05-26
|
Type |
Order
|
Subtype |
Order on Motion For Attorney's Fees
|
Description |
Order Granting Attorney Fees-Prevailing ~ ORDERED that appellants’ August 11, 2020 motion for appellate attorney's fees is granted conditioned on the trial court determining that appellants are the prevailing party 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.
|
|
Docket Date |
2021-02-26
|
Type |
Notice
|
Subtype |
Notice
|
Description |
Notice ~ AMENDED DESIGNATION OF E-MAIL ADDRESSPURSUANT TO RULE 2.516
|
On Behalf Of |
John Brown
|
|
Docket Date |
2021-02-18
|
Type |
Order
|
Subtype |
Order on Motion to Withdraw Filing
|
Description |
ORD-To Withdraw Pleadings ~ ORDERED that appellants' February 17, 2021 “notice of withdrawal of appellants’ motion to consolidate” is treated as a motion to withdraw and is granted. Appellants’ February 15, 2021 motion to consolidate is considered withdrawn. Further,ORDERED that appellants’ February 17, 2021 motion to stay is granted, and case 4D21-0120 is stayed pending this court’s decision in case 4D20-0563.
|
|
Docket Date |
2021-02-15
|
Type |
Notice
|
Subtype |
Notice of Related Case or Issue
|
Description |
Notice of Similar Case Pending
|
On Behalf Of |
John Brown
|
|
Docket Date |
2021-02-12
|
Type |
Order
|
Subtype |
Order Dispensing with Oral Argument
|
Description |
ORD-Dispensing Oral Argument ~ After reviewing the briefs, the court, pursuant to Florida Rule of Appellate Procedure 9.320, has dispensed with oral argument. The case will be submitted to a conference by a panel of the court.
|
|
Docket Date |
2021-01-26
|
Type |
Brief
|
Subtype |
Reply Brief
|
Description |
Appellant's Reply Brief
|
On Behalf Of |
Omega Insurance Company
|
|
Docket Date |
2021-01-12
|
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’ January 11, 2021 motion for extension of time is granted, and appellants shall serve the reply brief on or before January 26, 2021. In addition, if the reply brief is served after the time provided for in this order, it may be stricken.
|
|
Docket Date |
2021-01-11
|
Type |
Motions Extensions
|
Subtype |
Motion for Extension of Time to Serve Reply Brief
|
Description |
Mot. for Extension of Time to File Reply Brief
|
On Behalf Of |
John Brown
|
|
Docket Date |
2020-12-10
|
Type |
Brief
|
Subtype |
Answer Brief
|
Description |
Appellee's Answer Brief
|
On Behalf Of |
Omega Insurance Company
|
|
Docket Date |
2020-12-04
|
Type |
Motions Relating to Attorney Fees/Costs
|
Subtype |
Motion For Attorney's Fees
|
Description |
Motion For Attorney's Fees
|
On Behalf Of |
Omega Insurance Company
|
|
Docket Date |
2020-11-18
|
Type |
Notice
|
Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
Description |
Notice of Agreed Extension - Answer Brief
|
On Behalf Of |
Omega Insurance Company
|
|
Docket Date |
2020-11-18
|
Type |
Order
|
Subtype |
Order on Agreed Extension of Time
|
Description |
Recognizing Agreed Extension of Time ~ 15 DAYS TO 12/10/20.
|
|
Docket Date |
2020-10-12
|
Type |
Order
|
Subtype |
Order on Agreed Extension of Time
|
Description |
Recognizing Agreed Extension of Time ~ 30 DAYS TO 11/25/20.
|
|
Docket Date |
2020-10-12
|
Type |
Notice
|
Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
Description |
Notice of Agreed Extension - Answer Brief
|
On Behalf Of |
Omega Insurance Company
|
|
Docket Date |
2020-08-28
|
Type |
Notice
|
Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
Description |
Notice of Agreed Extension - Answer Brief
|
On Behalf Of |
Omega Insurance Company
|
|
Docket Date |
2020-08-28
|
Type |
Order
|
Subtype |
Order on Agreed Extension of Time
|
Description |
Recognizing Agreed Extension of Time ~ 45 DAYS TO 10/26/20.
|
|
Docket Date |
2020-08-13
|
Type |
Response
|
Subtype |
Response
|
Description |
Response ~ TO MOTION FOR ATTY. FEES.
|
On Behalf Of |
Omega Insurance Company
|
|
Docket Date |
2020-08-11
|
Type |
Motions Relating to Attorney Fees/Costs
|
Subtype |
Motion For Attorney's Fees
|
Description |
Motion For Attorney's Fees ~ **RESPONSE FILED**
|
On Behalf Of |
John Brown
|
|
Docket Date |
2020-08-10
|
Type |
Brief
|
Subtype |
Initial Brief
|
Description |
Initial Brief on Merits
|
On Behalf Of |
John Brown
|
|
Docket Date |
2020-07-08
|
Type |
Notice
|
Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
Description |
Notice of Agreed Extension - Initial Brief
|
On Behalf Of |
John Brown
|
|
Docket Date |
2020-07-08
|
Type |
Order
|
Subtype |
Order on Agreed Extension of Time
|
Description |
Recognizing Agreed Extension of Time ~ 30 DAYS.
|
|
Docket Date |
2020-06-08
|
Type |
Order
|
Subtype |
Order on Agreed Extension of Time
|
Description |
Recognizing Agreed Extension of Time ~ 30 DAYS.
|
|
Docket Date |
2020-06-08
|
Type |
Notice
|
Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
Description |
Notice of Agreed Extension - Initial Brief
|
On Behalf Of |
John Brown
|
|
Docket Date |
2020-05-07
|
Type |
Notice
|
Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
Description |
Notice of Agreed Extension - Initial Brief
|
On Behalf Of |
John Brown
|
|
Docket Date |
2020-05-07
|
Type |
Order
|
Subtype |
Order on Agreed Extension of Time
|
Description |
Recognizing Agreed Extension of Time ~ 30 DAYS.
|
|
Docket Date |
2020-04-06
|
Type |
Record
|
Subtype |
Record on Appeal
|
Description |
Received Records ~ (594 PAGES)
|
On Behalf Of |
Clerk - Palm Beach
|
|
Docket Date |
2020-03-12
|
Type |
Notice
|
Subtype |
Notice of Appearance
|
Description |
Notice of Appearance
|
On Behalf Of |
Omega Insurance Company
|
|
Docket Date |
2020-03-02
|
Type |
Misc. Events
|
Subtype |
Case Filing Fee Paid through Portal
|
Description |
Case Filing Fee Paid Through Portal
|
On Behalf Of |
John Brown
|
|
Docket Date |
2020-02-28
|
Type |
Letter
|
Subtype |
Acknowledgment Letter
|
Description |
Acknowledgment Letter
|
|
Docket Date |
2020-02-28
|
Type |
Misc. Events
|
Subtype |
Fee Status
|
Description |
FP:Fee Paid Through Portal
|
|
Docket Date |
2020-02-28
|
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. 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 circuit court clerk's determination of indigent status is filed.
|
|
Docket Date |
2020-02-28
|
Type |
Notice
|
Subtype |
Notice of Appeal
|
Description |
Notice of Appeal Filed
|
On Behalf Of |
John Brown
|
|
|
ELIJAH JACKSON, JR. VS OMEGA INSURANCE COMPANY, ET AL.,
|
2D2020-0023
|
2020-01-03
|
Closed
|
|
Classification |
Original Proceedings - Circuit Civil - Prohibition
|
Court |
2nd District Court of Appeal
|
Originating Court |
Circuit Court for the Tenth Judicial Circuit, Polk County
2006-SC-359
Circuit Court for the Tenth Judicial Circuit, Polk County
2006-AP-8
|
Parties
Docket Entries
Docket Date |
2020-08-19
|
Type |
Motions Other
|
Subtype |
Motion for Reconsideration/Rehearing of an Order
|
Description |
Motion For Reconsideration ~ TO STRIKE AND TO RECALL DECLARATIONS/DENIALS BY ORDERS OF THE COURT FOR MOTION FOR EXTENSION OF TIME AND MOTION FOR REHEARING OR MOTION FOR EXTENSION OF TIME
|
On Behalf Of |
ELIJAH JACKSON, JR.
|
|
Docket Date |
2020-08-10
|
Type |
Order
|
Subtype |
Order on Motion for Rehearing
|
Description |
denial of writ rehearing ~ Petitioner’s motion for rehearing and rehearing en banc is stricken asunauthorized. See Fla. R. App. P. 9.330(b). Further unauthorized filings by Petitionerwill not receive judicial attention.
|
|
Docket Date |
2020-07-30
|
Type |
Post-Disposition Motions
|
Subtype |
Motion for Rehearing
|
Description |
Motion for Rehearing / Rehearing En Banc
|
On Behalf Of |
ELIJAH JACKSON, JR.
|
|
Docket Date |
2020-07-28
|
Type |
Notice
|
Subtype |
Notice of Filing
|
Description |
Notice of Filing ~ COPY OF RETURNED MAIL - COAST DENTAL FLORIDA - PATRICIA ANN - 07/23/2020
|
On Behalf Of |
ELIJAH JACKSON, JR.
|
|
Docket Date |
2020-07-27
|
Type |
Supreme Court
|
Subtype |
Review Sent to Supreme Court
|
Description |
Review Sent to Supreme Court ~ DUPLICATE OF 6/1/2020 NOTICE TO INVOKE
|
|
Docket Date |
2020-07-17
|
Type |
Supreme Court
|
Subtype |
Supreme Court Miscellaneous
|
Description |
Supreme Court Disposition ~ This case is hereby dismissed. This Court lacks jurisdiction to review anunelaborated decision from a district court of appeal that is issued without opinionor explanation or that merely cites to an authority that is not a case pending reviewin, or reversed or quashed by, this Court. See Wheeler v. State, No. SC19-1916(Fla. June 11, 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.
|
|
Docket Date |
2020-06-22
|
Type |
Order
|
Subtype |
Order on Motion for Rehearing
|
Description |
ORD-DENYING REHEARING ~ Appellant's motion for rehearing, motion for rehearing en banc and motion forreconsideration are denied.
|
|
Docket Date |
2020-06-02
|
Type |
Supreme Court
|
Subtype |
Acknowledged Receipt from Supreme Court
|
Description |
Acknowledged Receipt from Supreme Court
|
|
Docket Date |
2020-06-01
|
Type |
Supreme Court
|
Subtype |
Review Sent to Supreme Court
|
Description |
Review Sent to Supreme Court
|
|
Docket Date |
2020-05-28
|
Type |
Post-Disposition Motions
|
Subtype |
Motion for Rehearing
|
Description |
Motion for Rehearing / Rehearing En Banc
|
On Behalf Of |
ELIJAH JACKSON, JR.
|
|
Docket Date |
2020-05-28
|
Type |
Motions Other
|
Subtype |
Motion for Reconsideration/Rehearing of an Order
|
Description |
Motion For Reconsideration ~ (contained in motion for rehearing and motion for rehearing en banc)
|
On Behalf Of |
ELIJAH JACKSON, JR.
|
|
Docket Date |
2020-05-12
|
Type |
Order
|
Subtype |
Order on Miscellaneous Motion
|
Description |
Deny Miscellaneous Motion-79a ~ Petitioner's amended motion for extension of time is denied.
|
|
Docket Date |
2020-05-11
|
Type |
Motions Extensions
|
Subtype |
Motion for Extension of Time
|
Description |
Motion for Extension of Time ~ revised/restated/amended motion for extension of time (copy filed 5/14/20)
|
On Behalf Of |
ELIJAH JACKSON, JR.
|
|
Docket Date |
2020-05-07
|
Type |
Order
|
Subtype |
Order on Miscellaneous Motion
|
Description |
Grant Miscellaneous Motion-79 ~ Petitioner's motion for an extension of time is partially granted, and Petitioner may serve a motion for rehearing within thirty days of the date of this order. Further motions for an extension of time are unlikely to receive favorable consideration.
|
|
Docket Date |
2020-05-06
|
Type |
Motions Extensions
|
Subtype |
Motion for Extension of Time
|
Description |
Motion for Extension of Time
|
On Behalf Of |
ELIJAH JACKSON, JR.
|
|
Docket Date |
2020-04-24
|
Type |
Disposition
|
Subtype |
Dismissed
|
Description |
Dismissed - Order by Judge ~ KELLY, MORRIS and BLACK
|
|
Docket Date |
2020-04-24
|
Type |
Misc. Events
|
Subtype |
Case Closed
|
Description |
Case Closed
|
|
Docket Date |
2020-04-24
|
Type |
Disposition by Order
|
Subtype |
Dismissed
|
Description |
writ dismissal ~ This petition is dismissed for failure to comply with this court's February 19, 2020, order.
|
|
Docket Date |
2020-02-19
|
Type |
Order
|
Subtype |
Order on Miscellaneous Motion
|
Description |
Deny Miscellaneous Motion-79a ~ Petitioner's motion for extension of time and motion to relinquish jurisdiction is denied. Petitioner shall comply with this court's January 24, 2020, order within fifteen days of the date of this order or this proceeding will be dismissed.
|
|
Docket Date |
2020-02-04
|
Type |
Order
|
Subtype |
Order on Motion to Appear In Forma Pauperis
|
Description |
Order Denying Forma Pauperis ~ Petitioner's motion to appear forma pauperis is denied as moot.
|
|
Docket Date |
2020-02-03
|
Type |
Motions Other
|
Subtype |
Motion To Appear Forma Pauperis
|
Description |
Motion To Appear Forma Pauperis
|
On Behalf Of |
ELIJAH JACKSON, JR.
|
|
Docket Date |
2020-01-31
|
Type |
Motions Other
|
Subtype |
Motion To Relinquish Jurisdiction
|
Description |
Motion To Relinquish Jurisdiction
|
On Behalf Of |
ELIJAH JACKSON, JR.
|
|
Docket Date |
2020-01-31
|
Type |
Motions Extensions
|
Subtype |
Motion for Extension of Time
|
Description |
Motion for Extension of Time
|
On Behalf Of |
ELIJAH JACKSON, JR.
|
|
Docket Date |
2020-01-24
|
Type |
Order
|
Subtype |
Order
|
Description |
MISCELLANEOUS ORDER ~ Although Petitioner has submitted a supplemental certificate of service, Petitioner has not fully complied with this court's January 7, 2020, order. Within 20 days of this order, Petitioner shall supplement the petition for writ of prohibition with a copy of the motion for disqualification and a copy of the written order denying the motion for disqualification. Failure to timely comply with this order will subject the petition to dismissal without further notice.
|
|
Docket Date |
2020-01-22
|
Type |
Misc. Events
|
Subtype |
Certificate
|
Description |
Certificate ~ OF SERVICE - PP ELIJAH JACKSON, JR. 979922
|
On Behalf Of |
ELIJAH JACKSON, JR.
|
|
Docket Date |
2020-01-07
|
Type |
Petition
|
Subtype |
Petition
|
Description |
Petition Filed ~ AMENDED
|
On Behalf Of |
ELIJAH JACKSON, JR.
|
|
Docket Date |
2020-01-07
|
Type |
Order
|
Subtype |
Order
|
Description |
MISCELLANEOUS ORDER ~ Within 20 days of this order, petitioner take the following actions. Petitioner shall supplement the petition for writ of prohibition with a copy of the motion for disqualification, a copy of the written order denying the motion for disqualification, and a supplemental certificate of service demonstrating service of the petition on Judge Ellen S. Masters. See Fla. R. App. P. 9.100(e)(2). Failure to timely comply with this order will subject the petition to dismissal without further notice.
|
|
Docket Date |
2020-01-03
|
Type |
Misc. Events
|
Subtype |
Fee Status
|
Description |
WV:Waived
|
|
Docket Date |
2020-01-03
|
Type |
Letter
|
Subtype |
Acknowledgment Letter
|
Description |
Acknowledgment Letter 1
|
|
Docket Date |
2020-01-03
|
Type |
Petition
|
Subtype |
Petition
|
Description |
Petition Filed ~ FEE WAIVED SEE 2D19-4296
|
On Behalf Of |
ELIJAH JACKSON, JR.
|
|
|
MARINA CATANIA and PASQUALE CATANIA VS OMEGA INSURANCE COMPANY
|
4D2018-0180
|
2018-01-12
|
Closed
|
|
Classification |
NOA Non Final - Circuit Civil - Other
|
Court |
4th District Court of Appeal
|
Originating Court |
Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County
2015CA014211AD
|
Parties
Name |
PASQUALE CATANIA
|
Role |
Appellant
|
Status |
Active
|
|
Name |
MARINA CATANIA
|
Role |
Appellant
|
Status |
Active
|
Representations |
Geoffrey B. Marks
|
|
Name |
OMEGA INSURANCE COMPANY
|
Role |
Appellee
|
Status |
Active
|
Representations |
Angel Gimenez, COREY SETTERLUND
|
|
Name |
HON. THOMAS H. BARKDULL, I I I
|
Role |
Judge/Judicial Officer
|
Status |
Active
|
|
Name |
Clerk - Palm Beach
|
Role |
Lower Tribunal Clerk
|
Status |
Active
|
|
Docket Entries
Docket Date |
2018-01-26
|
Type |
Disposition by Order
|
Subtype |
Dismissed
|
Description |
ORD-Grant Voluntary Dismissal (Joint) ~ At the request of the parties, this case is dismissed.
|
|
Docket Date |
2018-01-25
|
Type |
Motions Other
|
Subtype |
Motion/Notice Voluntary Dismissal
|
Description |
Motion For Stipulation of Dismissal
|
On Behalf Of |
MARINA CATANIA
|
|
Docket Date |
2018-01-19
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time
|
Description |
Grant Extension of Time ~ ORDERED that January 17, 2018 corrected unopposed motion for extension of time is granted, and the time in which to file the statement on jurisdiction is extended through and including February 5, 2018. Appellee may file a response within ten (10) days of service of that statement.
|
|
Docket Date |
2018-01-17
|
Type |
Motions Extensions
|
Subtype |
Motion for Extension of Time to File Response
|
Description |
Motion for Extension of Time to File Response ~ "CORRECTED"
|
On Behalf Of |
MARINA CATANIA
|
|
Docket Date |
2018-01-26
|
Type |
Disposition
|
Subtype |
Dismissed
|
Description |
Dismissed - Order by Clerk
|
|
Docket Date |
2018-01-16
|
Type |
Order
|
Subtype |
Order to File Response re Jurisdiction
|
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 order granting the motion for partial summary judgment as to entitlement to perform repairs and incorporated memorandum of law is an appealable order pursuant to either Florida Rule of Appellate Procedure 9.110 or 9.130. See Taddie Underground Utility Co., Inc., v. Sloan Pump Co., Inc., 497 So. 2d 701 (Fla. 2d DCA 1986) (as the disposed of actions in the partial summary judgment and the remaining causes of action are interrelated, the court held that there was no appealable final judgment); furtherAppellee may file a response within ten (10) days of service of that statement.
|
|
Docket Date |
2018-01-16
|
Type |
Letter
|
Subtype |
Acknowledgment Letter
|
Description |
Acknowledgment Letter
|
|
Docket Date |
2018-01-12
|
Type |
Misc. Events
|
Subtype |
Fee Status
|
Description |
A3:Paid In Full - $300
|
|
Docket Date |
2018-01-12
|
Type |
Notice
|
Subtype |
Notice of Appeal
|
Description |
Notice of Appeal Filed
|
On Behalf Of |
MARINA CATANIA
|
|
|
OMEGA INSURANCE COMPANY VS WILLIAM WALLACE AND JOAN WALLACE
|
2D2016-0449
|
2016-01-20
|
Closed
|
|
Classification |
NOA Final - Circuit Civil - Other
|
Court |
2nd District Court of Appeal
|
Originating Court |
Circuit Court for the Tenth Judicial Circuit, Polk County
2012-CA-0029360000
|
Parties
Name |
OMEGA INSURANCE COMPANY
|
Role |
Appellant
|
Status |
Active
|
Representations |
SCOT E. SAMIS, ESQ.
|
|
Name |
WILLIAM WALLACE, LLC
|
Role |
Appellee
|
Status |
Active
|
Representations |
DANIEL J. EWIN, ESQ., Fredric S. Zinober, Esq., RICHARD N. ASFAR, ESQ., GEORGE A. VAKA, ESQ., RICHARD T. HEIDEN, ESQ.
|
|
Name |
JOAN WALLACE
|
Role |
Appellee
|
Status |
Active
|
|
Name |
POLK CLERK
|
Role |
Lower Tribunal Clerk
|
Status |
Active
|
|
Docket Entries
Docket Date |
2017-09-26
|
Type |
Misc. Events
|
Subtype |
West Publishing
|
Description |
West Publishing
|
|
Docket Date |
2017-09-07
|
Type |
Mandate
|
Subtype |
Mandate
|
Description |
Mandate
|
|
Docket Date |
2017-08-16
|
Type |
Order
|
Subtype |
Order
|
Description |
Miscellaneous Order ~ Appellant's motion for appellate attorney's fees pursuant to section 768.79, Florida Statutes (2010), and Florida Rule of Civil Procedure 1.442 is granted contingent upon the trial court's determination of entitlement below.Appellees' motion for appellate attorney's fees is denied.
|
|
Docket Date |
2017-08-16
|
Type |
Disposition by Opinion
|
Subtype |
Reversed
|
Description |
Reversed - Authored Opinion ~ and remanded.
|
|
Docket Date |
2017-03-21
|
Type |
Misc. Events
|
Subtype |
Oral Argument Date Set
|
Description |
Oral Argument Date Set ~ Tampa
|
|
Docket Date |
2017-01-18
|
Type |
Brief
|
Subtype |
Reply Brief
|
Description |
Appellant Reply Brief
|
On Behalf Of |
OMEGA INSURANCE COMPANY
|
|
Docket Date |
2016-11-29
|
Type |
Notice
|
Subtype |
Notice of Agreed Extension of Time
|
Description |
Stipulation for Extension of Time ~ 30-RB DUE 01/04/17
|
On Behalf Of |
OMEGA INSURANCE COMPANY
|
|
Docket Date |
2016-11-22
|
Type |
Response
|
Subtype |
Response
|
Description |
RESPONSE ~ RESPONSE TO APPELLEES' MOTION FOR APPELLATE ATTORNEYS' FEES
|
On Behalf Of |
OMEGA INSURANCE COMPANY
|
|
Docket Date |
2016-11-14
|
Type |
Motions Relating to Oral Argument
|
Subtype |
Motion/Request for Oral Argument
|
Description |
Request for Oral Argument
|
On Behalf Of |
WILLIAM WALLACE
|
|
Docket Date |
2016-11-14
|
Type |
Motions Relating to Attorney Fees/Costs
|
Subtype |
Motion For Attorney's Fees
|
Description |
Motion For Attorney's Fees
|
On Behalf Of |
WILLIAM WALLACE
|
|
Docket Date |
2016-11-14
|
Type |
Brief
|
Subtype |
Answer Brief
|
Description |
Appellee Answer Brief
|
On Behalf Of |
WILLIAM WALLACE
|
|
Docket Date |
2016-10-13
|
Type |
Notice
|
Subtype |
Notice of Agreed Extension of Time
|
Description |
Stipulation for Extension of Time ~ 30- AB DUE 11/14/16
|
On Behalf Of |
WILLIAM WALLACE
|
|
Docket Date |
2016-09-07
|
Type |
Response
|
Subtype |
Response
|
Description |
RESPONSE ~ RESPONSE TO APPELLANT'S CONTINGENT MOTION FOR APPELLATE ATTORNEYS' FEES
|
On Behalf Of |
WILLIAM WALLACE
|
|
Docket Date |
2016-08-23
|
Type |
Motions Relating to Attorney Fees/Costs
|
Subtype |
Motion For Attorney's Fees
|
Description |
Motion For Attorney's Fees
|
On Behalf Of |
OMEGA INSURANCE COMPANY
|
|
Docket Date |
2016-08-12
|
Type |
Notice
|
Subtype |
Notice of Agreed Extension of Time
|
Description |
Stipulation for Extension of Time ~ 60-AB DUE 10/14/16
|
On Behalf Of |
WILLIAM WALLACE
|
|
Docket Date |
2016-07-21
|
Type |
Motions Relating to Oral Argument
|
Subtype |
Motion/Request for Oral Argument
|
Description |
Request for Oral Argument
|
On Behalf Of |
OMEGA INSURANCE COMPANY
|
|
Docket Date |
2016-07-20
|
Type |
Brief
|
Subtype |
Initial Brief
|
Description |
Initial Appellant Brief on Merits
|
On Behalf Of |
OMEGA INSURANCE COMPANY
|
|
Docket Date |
2016-07-20
|
Type |
Record
|
Subtype |
Appendix to Initial Brief
|
Description |
Appendix for Initial Brief
|
On Behalf Of |
OMEGA INSURANCE COMPANY
|
|
Docket Date |
2016-07-19
|
Type |
Record
|
Subtype |
Supplemental Record
|
Description |
Supplemental Records
|
|
Docket Date |
2016-06-30
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
Description |
ORDER GRANTING EOT FOR INITIAL BRIEF ~ IB
|
|
Docket Date |
2016-06-29
|
Type |
Notice
|
Subtype |
Notice of Appearance
|
Description |
Notice of Appearance
|
On Behalf Of |
WILLIAM WALLACE
|
|
Docket Date |
2016-06-29
|
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 |
OMEGA INSURANCE COMPANY
|
|
Docket Date |
2016-06-24
|
Type |
Order
|
Subtype |
Order on Motion to Supplement Record
|
Description |
grant supp/short/explain procedure ~ Appellant's motion to supplement the record is granted to the extent that the appellant shall make arrangements within three days with the clerk of circuit court for the supplementation of the record with the items mentioned in the motion, with the supplemental record to be filed in this court within twenty-five days from the date of this order.Because the record must be supplemented through the clerk of the lower tribunal as just described, the copies of the record materials attached to the motion to supplement will not be considered by this court.
|
|
Docket Date |
2016-06-23
|
Type |
Motions Relating to Records
|
Subtype |
Motion to Supplement Record & EOT/Toll Briefing
|
Description |
Motion To File Supplemental Record
|
On Behalf Of |
OMEGA INSURANCE COMPANY
|
|
Docket Date |
2016-06-09
|
Type |
Record
|
Subtype |
Transcript
|
Description |
Transcript Received
|
|
Docket Date |
2016-05-24
|
Type |
Notice
|
Subtype |
Notice of Agreed Extension of Time
|
Description |
Stipulation for Extension of Time ~ 30-IB DUE 06/30/16
|
On Behalf Of |
OMEGA INSURANCE COMPANY
|
|
Docket Date |
2016-05-20
|
Type |
Record
|
Subtype |
Record on Appeal
|
Description |
Received Records ~ RADABAUGH **FTP**
|
|
Docket Date |
2016-04-27
|
Type |
Notice
|
Subtype |
Notice of Agreed Extension of Time
|
Description |
Stipulation for Extension of Time ~ 30-IB DUE 05/31/16
|
On Behalf Of |
OMEGA INSURANCE COMPANY
|
|
Docket Date |
2016-03-28
|
Type |
Notice
|
Subtype |
Notice of Agreed Extension of Time
|
Description |
Stipulation for Extension of Time ~ 30-IB DUE 04/29/16
|
On Behalf Of |
OMEGA INSURANCE COMPANY
|
|
Docket Date |
2016-03-09
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time for Court Reporter
|
Description |
GR EOT COURT RPTR TRANS-CR REQ
|
|
Docket Date |
2016-03-08
|
Type |
Motions Relating to Records
|
Subtype |
Motion for Extension of Time for Court Reporter
|
Description |
Motion Extension of Time Court Rpter Trans-Cr Req
|
|
Docket Date |
2016-02-12
|
Type |
Letter
|
Subtype |
Acknowledgment Letter
|
Description |
Acknowledgment Letter 1 ~ AMENDED
|
|
Docket Date |
2016-02-09
|
Type |
Notice
|
Subtype |
Notice of Filing
|
Description |
Notice of Filing ~ Amended Certificate of Service
|
On Behalf Of |
OMEGA INSURANCE COMPANY
|
|
Docket Date |
2016-02-05
|
Type |
Order
|
Subtype |
Certificate of Service
|
Description |
c of s; mailing addresses
|
|
Docket Date |
2016-02-05
|
Type |
Letter
|
Subtype |
Acknowledgment Letter
|
Description |
Acknowledgment Letter 1
|
|
Docket Date |
2016-01-20
|
Type |
Misc. Events
|
Subtype |
Fee Status
|
Description |
A3:Paid In Full - $300
|
|
Docket Date |
2016-01-20
|
Type |
Miscellaneous Document
|
Subtype |
Lower Tribunal Transmittal Cover Sheet
|
Description |
LOWER TRIBUNAL TRANSMITTAL COVER SHEET
|
|
Docket Date |
2016-01-20
|
Type |
Notice
|
Subtype |
Notice of Appeal
|
Description |
Notice of Appeal Filed
|
On Behalf Of |
OMEGA INSURANCE COMPANY
|
|
|
JEFF LATIMER & SARAH LATIMER VS OMEGA INSURANCE CO.
|
2D2014-3063
|
2014-06-25
|
Closed
|
|
Classification |
NOA Final - Circuit Civil - Other
|
Court |
2nd District Court of Appeal
|
Originating Court |
Circuit Court for the Tenth Judicial Circuit, Polk County
2013CA-002012
|
Parties
Name |
JEFF LATIMER
|
Role |
Appellant
|
Status |
Active
|
|
Name |
SARAH LATIMER
|
Role |
Appellant
|
Status |
Active
|
Representations |
J. W. TAYLOR, ESQ., C. ROBERT PICKETT, ESQ.
|
|
Name |
OMEGA INSURANCE COMPANY
|
Role |
Appellee
|
Status |
Active
|
Representations |
ANTHONY J. RUSSO, ESQ., TROY J. SEIBERT, ESQ., EZEQUIEL LUGO, ESQ., JARED M. KRUKAR, ESQ., GERALD T. ALBRECHT, ESQ.
|
|
Name |
POLK CLERK
|
Role |
Lower Tribunal Clerk
|
Status |
Active
|
|
Docket Entries
Docket Date |
2015-01-06
|
Type |
Disposition
|
Subtype |
Dismissed
|
Description |
Dismissed - Order by Clerk
|
|
Docket Date |
2015-01-06
|
Type |
Disposition by Order
|
Subtype |
Dismissed
|
Description |
ORDER GRANTING VOLUNTARY DISMISSAL
|
|
Docket Date |
2014-12-22
|
Type |
Order
|
Subtype |
Order on Motion/Notice Voluntary Dismissal (non-dispositive)
|
Description |
v.d.; pending AE fee motion
|
|
Docket Date |
2014-12-19
|
Type |
Order
|
Subtype |
Order on Motion to Consolidate
|
Description |
ORD-GRANTING CONSOLIDATION ~ For Record only with 14-5629, 20 days for brief in 14-3063
|
|
Docket Date |
2014-12-18
|
Type |
Notice
|
Subtype |
Notice
|
Description |
Notice ~ Omega Insurance Company's Notice of Withdrawal of Appellee's Motion for an Award of Appellate Attorneys' Fees
|
On Behalf Of |
OMEGA INSURANCE COMPANY
|
|
Docket Date |
2014-12-17
|
Type |
Motions Other
|
Subtype |
Motion/Notice Voluntary Dismissal
|
Description |
Notice of Voluntary Dismissal
|
On Behalf Of |
SARAH LATIMER
|
|
Docket Date |
2014-12-02
|
Type |
Response
|
Subtype |
Response
|
Description |
RESPONSE ~ RESPONSE TO MOTION TO CONSOLIDATE APPEALS AND RESET BRIEFING SCHEDULE
|
On Behalf Of |
OMEGA INSURANCE COMPANY
|
|
Docket Date |
2014-12-02
|
Type |
Motions Relating to Attorney Fees/Costs
|
Subtype |
Motion For Attorney's Fees
|
Description |
Motion For Attorney's Fees
|
On Behalf Of |
OMEGA INSURANCE COMPANY
|
|
Docket Date |
2014-12-02
|
Type |
Motions Other
|
Subtype |
Miscellaneous Motion
|
Description |
Miscellaneous Motion ~ Omega Insurance Company's Motion for Order to Show Cause Why Appeal Should Not Be Dismissed for Failure to Prosecute
|
On Behalf Of |
OMEGA INSURANCE COMPANY
|
|
Docket Date |
2014-11-21
|
Type |
Motions Other
|
Subtype |
Motion To Consolidate
|
Description |
Motion To Consolidate ~ APPELLANTS' MOTION TO CONSOLIDATE APPEALS AND RESET BRIEFING SCHEDULE
|
On Behalf Of |
SARAH LATIMER
|
|
Docket Date |
2014-11-21
|
Type |
Record
|
Subtype |
Appendix to Motion
|
Description |
ALL OTHER MOTIONS APPENDIX/ATTACHMENT
|
On Behalf Of |
SARAH LATIMER
|
|
Docket Date |
2014-09-02
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time for Court Reporter
|
Description |
GR EOT COURT RPTR TRANS-CR REQ
|
|
Docket Date |
2014-08-29
|
Type |
Motions Relating to Records
|
Subtype |
Motion for Extension of Time for Court Reporter
|
Description |
Motion Extension of Time Court Rpter Trans-Cr Req
|
|
Docket Date |
2014-07-31
|
Type |
Notice
|
Subtype |
Notice of Appearance
|
Description |
Notice of Appearance
|
On Behalf Of |
OMEGA INSURANCE COMPANY
|
|
Docket Date |
2014-07-23
|
Type |
Miscellaneous Document
|
Subtype |
Lower Tribunal Transmittal Cover Sheet
|
Description |
LOWER TRIBUNAL TRANSMITTAL COVER SHEET
|
|
Docket Date |
2014-07-23
|
Type |
Notice
|
Subtype |
Notice of Cross Appeal
|
Description |
Notice of Cross Appeal ~ CERTIFIED
|
On Behalf Of |
OMEGA INSURANCE COMPANY
|
|
Docket Date |
2014-06-27
|
Type |
Order
|
Subtype |
Order on Filing Fee
|
Description |
fee - civil; atty
|
|
Docket Date |
2014-06-25
|
Type |
Notice
|
Subtype |
Notice of Appeal
|
Description |
Notice of Appeal Filed
|
On Behalf Of |
SARAH LATIMER
|
|
Docket Date |
2014-06-25
|
Type |
Miscellaneous Document
|
Subtype |
Lower Tribunal Transmittal Cover Sheet
|
Description |
LOWER TRIBUNAL TRANSMITTAL COVER SHEET
|
|
Docket Date |
2014-06-25
|
Type |
Misc. Events
|
Subtype |
Fee Status
|
Description |
A3:Paid In Full - $300
|
|
|