FEDERAL INSURANCE COMPANY and WILLIAM DOUBERLEY, Petitioner(s) v. ISAAC ("IKE") PERLMUTTER, et al., Respondent(s).
|
4D2024-1488
|
2024-06-11
|
Closed
|
|
Classification |
Original Proceedings - Circuit Civil - Certiorari
|
Court |
4th District Court of Appeal
|
Originating Court |
Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County
502013CA015257
|
Parties
Name |
FEDERAL INSURANCE COMPANY
|
Role |
Petitioner
|
Status |
Active
|
Representations |
Brandt Roen, Kenneth Russell Drake
|
|
Name |
William M Douberley
|
Role |
Petitioner
|
Status |
Active
|
Representations |
Dina Contri, Robert Leon Johnson, Steven Jeffrey Rothman, Travis Foels
|
|
Name |
Isaac ("Ike") Perlmutter
|
Role |
Respondent
|
Status |
Active
|
Representations |
Roy Black, Jared Michael Lopez, Joshua Evan Dubin, Paul Morris
|
|
Name |
Laura Perlmutter
|
Role |
Respondent
|
Status |
Active
|
Representations |
Elliot Burt Kula, William Derek Mueller
|
|
Name |
Harold Peerenboom
|
Role |
Respondent
|
Status |
Active
|
Representations |
Jordan Scott Cohen, Ethan Alexander Arthur, Manuel Kushner
|
|
Name |
Roy Black
|
Role |
Respondent
|
Status |
Active
|
Representations |
Rodney Joseph Janis
|
|
Name |
Black, Srebnick, Kornspan & Stumpf, P.A.
|
Role |
Respondent
|
Status |
Active
|
Representations |
David Joseph Majcak
|
|
Name |
Karen D. Donnelly
|
Role |
Respondent
|
Status |
Active
|
Representations |
David V King
|
|
Name |
KAY-DEE SPORTSWEAR, INC.
|
Role |
Respondent
|
Status |
Active
|
|
Name |
SPECKIN FORENSICS LLC
|
Role |
Respondent
|
Status |
Active
|
Representations |
Leonard Scott Feuer
|
|
Name |
Stephen Raphael
|
Role |
Respondent
|
Status |
Active
|
Representations |
Kyle Berglin
|
|
Name |
Richard Bornstein
|
Role |
Respondent
|
Status |
Active
|
Representations |
William Thomas Leveille, II
|
|
Name |
DAVID SMITH LLC
|
Role |
Respondent
|
Status |
Active
|
Representations |
John Butler Rosenquest, IV
|
|
Name |
Kasowitz Benson & Torres, LLP
|
Role |
Respondent
|
Status |
Active
|
Representations |
Steven Mark Katzman, Helaina Bardunias, Robert S Hackleman, Ronald R. Rossi, Ryan P. Montefusco
|
|
Name |
Hon. Gerard Joseph Curley Jr.
|
Role |
Judge/Judicial Officer
|
Status |
Active
|
|
Name |
Palm Beach Clerk
|
Role |
Lower Tribunal Clerk
|
Status |
Active
|
|
Docket Entries
Docket Date |
2024-07-20
|
Type |
Motions Extensions
|
Subtype |
Motion Extension of Time To Reply To Response
|
Description |
Motion Extension of Time To Reply To Response
|
|
Docket Date |
2024-07-11
|
Type |
Response
|
Subtype |
Response
|
Description |
RESPONSE TO PETITION FOR WRIT OF CERTIORARI
|
|
Docket Date |
2024-09-20
|
Type |
Disposition by Order
|
Subtype |
Dismissed
|
Description |
ORDERED that the petition for writ of certiorari is dismissed for failure to establish irreparable harm. See Williams v. Oken, 62 So. 3d 1129, 1132 (Fla. 2011); Bared & Co., Inc. v. McGuire, 670 So. 2d 153 (Fla. 4th DCA 1996).
KLINGENSMITH, C.J., WARNER and MAY, JJ., concur.
|
View |
View File
|
|
Docket Date |
2024-07-29
|
Type |
Notice
|
Subtype |
Notice of Supplemental Authority
|
Description |
Notice of Supplemental Authority
|
|
Docket Date |
2024-07-25
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time to Reply to Response
|
Description |
ORDERED that Petitioner's July 19, 2024 motion for extension of time is granted. Petitioner's reply is was filed July 24, 2024.
|
View |
View File
|
|
Docket Date |
2024-07-25
|
Type |
Response
|
Subtype |
Reply
|
Description |
REPLY TO PETITION FOR WRIT OF CERTIORARI
|
|
Docket Date |
2024-07-25
|
Type |
Notice
|
Subtype |
Notice of Joinder in Filing
|
Description |
NOTICE OF JOINDER WITH FEDERAL INSURANCE COMPANY'S REPLY
|
|
Docket Date |
2024-06-13
|
Type |
Notice
|
Subtype |
Notice of Appearance
|
Description |
Notice of Appearance
|
|
Docket Date |
2024-06-12
|
Type |
Notice
|
Subtype |
Notice of Joinder in Filing
|
Description |
PETITIONER WILLIAM MARVIN DOUBERLEY'S NOTICE OF JOINDER WITH FEDERAL INSURANCE COMPANY'S PETITION FOR CERTIORARI
|
|
Docket Date |
2024-06-11
|
Type |
Letter
|
Subtype |
Acknowledgment Letter
|
Description |
Acknowledgment Letter
|
View |
View File
|
|
Docket Date |
2024-06-11
|
Type |
Event
|
Subtype |
Fee Satisfied
|
Description |
Fee Satisfied
|
|
Docket Date |
2024-06-11
|
Type |
Miscellaneous Document
|
Subtype |
Pay Case Filing Fee-300
|
Description |
Pay Case Filing Fee-300
|
View |
View File
|
|
Docket Date |
2024-06-11
|
Type |
Record
|
Subtype |
Appendix to Petition
|
Description |
Appendix to Petition
|
|
Docket Date |
2024-06-11
|
Type |
Petition
|
Subtype |
Petition Certiorari
|
Description |
Petition Certiorari
|
|
Docket Date |
2024-06-20
|
Type |
Order
|
Subtype |
Show Cause re Petition
|
Description |
Show Cause re Petition
|
View |
View File
|
|
|
Isaac "Ike" Perlmutter, et al., Petitioner(s) v. Federal Insurance Company, et al., Respondent(s)
|
SC2024-0058
|
2024-01-11
|
Open
|
|
Classification |
Discretionary Review - Notice to Invoke - Dual Basis Certified
|
Court |
Supreme Court of Florida
|
Originating Court |
4th District Court of Appeal
4D2022-1558; 4D2022-1560; 4D2022-1562;
|
Parties
Name |
Laura Perlmutter
|
Role |
Petitioner
|
Status |
Active
|
|
Name |
FEDERAL INSURANCE COMPANY
|
Role |
Respondent
|
Status |
Active
|
Representations |
Kenneth Russell Drake, Pedro Luis Demahy, Brandt Roen
|
|
Name |
Harold Peerenboom
|
Role |
Respondent
|
Status |
Active
|
Representations |
Jordan Scott Cohen, Ethan Alexander Arthur, Manuel Kushner
|
|
Name |
William Marvin Douberley
|
Role |
Respondent
|
Status |
Active
|
Representations |
Dina Marie Contri, Robert Leon Johnson
|
|
Name |
Speckin Forensics, LLC d/b/a Speckin Forensic Laboratories
|
Role |
Respondent
|
Status |
Active
|
Representations |
Leonard Scott Feuer
|
|
Name |
DAVID SMITH LLC
|
Role |
Respondent
|
Status |
Active
|
Representations |
John Butler Rosenquest, IV
|
|
Name |
Karen Donnelly
|
Role |
Respondent
|
Status |
Active
|
Representations |
David V King
|
|
Name |
KAY-DEE SPORTSWEAR, INC.
|
Role |
Respondent
|
Status |
Active
|
|
Name |
Kasowitz Benson & Torres, LLP
|
Role |
Respondent
|
Status |
Active
|
Representations |
Steven Mark Katzman, Helaina Bardunias, Robert S Hackleman, Ronald R. Rossi, Ryan P. Montefusco
|
|
Name |
Stephen Raphael
|
Role |
Respondent
|
Status |
Active
|
Representations |
Kyle Berglin, William Thomas Leveille, II
|
|
Name |
Richard Bornstein
|
Role |
Respondent
|
Status |
Active
|
|
Name |
Roy Black and Black, Srebnick, Kornspan & Stumpf, P.A.
|
Role |
Respondent
|
Status |
Active
|
Representations |
Rodney Joseph Janis, David Joseph Majcak
|
|
Name |
Hon. Gerard Joseph Curley Jr.
|
Role |
Judge/Judicial Officer
|
Status |
Active
|
|
Name |
4DCA Clerk
|
Role |
Lower Tribunal Clerk
|
Status |
Active
|
|
Name |
Palm Beach Clerk
|
Role |
Lower Tribunal Clerk
|
Status |
Active
|
|
Name |
Isaac Perlmutter
|
Role |
Petitioner
|
Status |
Active
|
Representations |
Roy Black, Jared Michael Lopez, Joshua Evan Dubin, Elliot Burt Kula, William Derek Mueller, Paul Morris
|
|
Docket Entries
Docket Date |
2024-10-18
|
Type |
Notice
|
Subtype |
Supplemental Authority
|
Description |
McLane Foodservice Inc., et al. v. Wool, 3D2023-984 (Fla. 3d DCA Oct. 16, 2024)
|
On Behalf Of |
Isaac Perlmutter
|
View |
View File
|
|
Docket Date |
2024-06-20
|
Type |
Notice
|
Subtype |
Supplemental Authority
|
Description |
Orlando Health, Inc., v. Mark R. Mohan, et. al., 5D2023-1596, 2024 WL 3033881 (Fla. 5th DCA June 18, 2024).
|
On Behalf Of |
Federal Insurance Company
|
View |
View File
|
|
Docket Date |
2024-05-30
|
Type |
Notice
|
Subtype |
Supplemental Authority
|
Description |
LoanFlight Lending, LLC v. Wood,
3D23-0559, 2024 WL 1183822 (Fla. 3d DCA Mar. 20, 2024) (the "Opinion").
|
On Behalf Of |
Isaac Perlmutter
|
View |
View File
|
|
Docket Date |
2024-05-29
|
Type |
Notice
|
Subtype |
Supplemental Authority
|
Description |
Stricken on 5/29/24. Does not contain the cited authority.
|
On Behalf Of |
Federal Insurance Company
|
View |
View File
|
|
Docket Date |
2024-05-29
|
Type |
Order
|
Subtype |
Supplemental Authority Stricken
|
Description |
Respondent's Notice of Supplemental Authority does not comply with Florida Rule of Appellate Procedure 9.225 and is hereby stricken as it does not contain a copy of the cited authority.
|
View |
View File
|
|
Docket Date |
2024-03-29
|
Type |
Notice
|
Subtype |
Supplemental Authority
|
Description |
Faye Crump, v. Am. Multi-
Cinema, Inc. d/b/a AMC, 5D22-2671, 2024 WL 1313327 (Fla. 5th
DCA Mar. 28, 2024)
|
On Behalf Of |
Federal Insurance Company
|
View |
View File
|
|
Docket Date |
2024-03-22
|
Type |
Brief
|
Subtype |
Juris Answer
|
Description |
Brief on Jurisdiction of Respondent Harold Peerenboom
|
On Behalf Of |
Harold Peerenboom
|
View |
View File
|
|
Docket Date |
2024-02-15
|
Type |
Order
|
Subtype |
Extension of Time (Juris Brief)
|
Description |
Respondents' motions for extension of time are granted and all respondents are allowed to and including March 22, 2024, in which to serve the jurisdictional answer brief. Multiple extensions of time for the same filing are discouraged. Absent extenuating circumstances, subsequent requests may be denied.
|
View |
View File
|
|
Docket Date |
2024-02-15
|
Type |
Motion
|
Subtype |
Ext of Time (Juris Brief-Answer)
|
Description |
Respondent William Douberley's Joinder in Respondent Federal Insurance Company's Unopposed Motion for Extension of Time
|
On Behalf Of |
William Marvin Douberley
|
View |
View File
|
|
Docket Date |
2024-02-15
|
Type |
Notice
|
Subtype |
Appearance
|
Description |
Notice of Appearance
|
On Behalf Of |
William Marvin Douberley
|
View |
View File
|
|
Docket Date |
2024-01-16
|
Type |
Event
|
Subtype |
Fee Paid Through Portal
|
Description |
Fee Paid Through Portal
|
|
Docket Date |
2024-01-16
|
Type |
Miscellaneous Document
|
Subtype |
Pay Case Filing Fee-300
|
Description |
Pay Case Filing Fee-300
|
On Behalf Of |
Isaac Perlmutter
|
View |
View File
|
|
Docket Date |
2024-01-16
|
Type |
Notice
|
Subtype |
Appearance
|
Description |
Notice of Appearance
|
On Behalf Of |
Isaac Perlmutter
|
View |
View File
|
|
Docket Date |
2024-01-11
|
Type |
Letter-Case
|
Subtype |
Acknowledgment Letter-New Case-Pay Fee
|
Description |
Acknowledgment Letter-New Case-Pay Fee
|
View |
View File
|
|
Docket Date |
2024-01-11
|
Type |
Notice
|
Subtype |
Invoke Discretionary Jurisdiction
|
Description |
Notice to Invoke Discretionary Jurisdiction
|
View |
View File
|
|
Docket Date |
2024-07-01
|
Type |
Notice
|
Subtype |
Supplemental Authority
|
Description |
Cable News Network, Inc. v. Young, 1D2023-2237, 2024 WL 2947726 (Fla. 1st DCA June 12, 2024);
Mercer v. Sandle Creek Transportation, Inc., 6D2023-2681, 2024 WL --- (Fla. 6th DCA June 28, 2024)
|
On Behalf Of |
Isaac Perlmutter
|
View |
View File
|
|
Docket Date |
2024-12-23
|
Type |
Order
|
Subtype |
Extension of Time (Merits Brief)
|
Description |
* Corrected due date from January 6, 2025 to February 6, 2025, on December 23, 2025. * Petitioners' "Agreed Motion for Extension of Time to File Petitioners' Initial Brief" is granted and Petitioners are allowed to and including February 6, 2025, in which to serve the initial brief on the merits. Multiple extensions of time for the same filing are discouraged. Absent extenuating circumstances, subsequent requests may be denied.
|
View |
View File
|
|
Docket Date |
2024-12-23
|
Type |
Record
|
Subtype |
Record/Transcript
|
Description |
Record/Transcript
|
On Behalf Of |
4DCA Clerk
|
|
Docket Date |
2024-12-23
|
Type |
Motion (SC)
|
Subtype |
Ext of Time (Initial Brief-Merit)
|
Description |
Agreed Motion for Extension of Time to File Petitioners' Initial Brief
|
On Behalf Of |
Isaac Perlmutter
|
View |
View File
|
|
Docket Date |
2024-12-03
|
Type |
Order
|
Subtype |
Juris Accept/Brief Sched (OA Later Date)
|
Description |
The Court accepts jurisdiction of this case.
Petitioner's initial brief on the merits must be served on or before January 7, 2025; respondent's answer brief on the merits must be served thirty days after service of petitioner's initial brief on the merits; petitioner's reply brief on the merits must be served thirty days after service of respondent's answer brief on the merits; and respondent's cross-reply brief on the merits, if authorized, must be served thirty days after service of petitioner's reply brief on the merits.
The Clerk of the Fourth District Court of Appeal must file the record which must be properly indexed and paginated on or before December 30, 2024. The Clerk may provide the record in the format as currently maintained at the district court, either paper or electronic.
MUÑIZ, C.J., and CANADY, COURIEL, GROSSHANS, and SASSO, JJ., concur.
Oral argument will be set by separate order. Counsel for the parties will be notified of the oral argument date approximately sixty days prior to oral argument.
|
View |
View File
|
|
Docket Date |
2024-02-13
|
Type |
Order
|
Subtype |
Extension of Time (Juris Brief)
|
Description |
Respondent's motion for extension of time is granted and respondent is allowed to and including March 22, 2024, in which to serve the jurisdictional answer brief. Multiple extensions of time for the same filing are discouraged. Absent extenuating circumstances, subsequent requests may be denied.
|
View |
View File
|
|
Docket Date |
2024-02-12
|
Type |
Motion
|
Subtype |
Ext of Time (Juris Brief-Answer)
|
Description |
Motion for Extension of Time to File Answer Brief on Jurisdiction
|
On Behalf Of |
Federal Insurance Company
|
View |
View File
|
|
Docket Date |
2024-02-07
|
Type |
Notice
|
Subtype |
Appearance
|
Description |
Notice of Appearance
|
On Behalf Of |
Federal Insurance Company
|
View |
View File
|
|
Docket Date |
2024-01-22
|
Type |
Brief
|
Subtype |
Juris Initial
|
Description |
Brief on Jurisdiction of Isaac ("Ike") Perlmutter & Laura Perlmutter
|
On Behalf Of |
Isaac Perlmutter
|
View |
View File
|
|
|
CLEVELAND CONSTRUCTION, INC. and FEDERAL INSURANCE COMPANY, Appellant(s) v. JAMES A. CUMMINGS, INC., et al., Appellee(s).
|
4D2023-1917
|
2023-08-10
|
Closed
|
|
Classification |
NOA Final - Circuit Civil - Other
|
Court |
4th District Court of Appeal
|
Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
CACE16-006245
|
Parties
Docket Entries
Docket Date |
2024-10-28
|
Type |
Disposition by Order
|
Subtype |
Dismissed
|
Description |
ORDERED that Appellant's July 22, 2024 and Appellee's July 22, 2024 motions for attorney's fees are denied as moot. Further, At the request of the parties, this case is dismissed.
|
View |
View File
|
|
Docket Date |
2024-10-24
|
Type |
Motions Other
|
Subtype |
Motion/Notice Voluntary Dismissal
|
Description |
Joint Stipulation of Dismissal
|
|
Docket Date |
2024-10-01
|
Type |
Order
|
Subtype |
Amended/Corrected Order
|
Description |
ORDERED that this court's September 27, 2024 order is amended as follows: ORDERED that the September 24, 2024 joint motion to stay appeal pending completion of settlement is granted. All parties hereto shall be required to file a pleading on or before December 15, 2024, that advises this court as to the completion of all settlement negotiations thereby warranting the dismissal of this pending appeal.
|
View |
View File
|
|
Docket Date |
2024-09-27
|
Type |
Order
|
Subtype |
Amended/Additional Filing(s) Needed
|
Description |
ORDERED that all parties hereto shall be required to file a pleading on or before December 15, 2024, that advises this court as to the completion of all settlement negotiations thereby warranting the dismissal of this pending appeal.
|
View |
View File
|
|
Docket Date |
2024-09-24
|
Type |
Motions Other
|
Subtype |
Motion To Stay
|
Description |
JOINT MOTION TO STAY APPEAL PENDING
COMPLETION OF SETTLEMENT
|
On Behalf Of |
Cleveland Construction, Inc.
|
|
Docket Date |
2024-09-19
|
Type |
Order
|
Subtype |
Order Dispensing with Oral Argument
|
Description |
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.
|
View |
View File
|
|
Docket Date |
2024-07-23
|
Type |
Motions Relating to Oral Argument
|
Subtype |
Motion/Request for Oral Argument
|
Description |
Motion/Request for Oral Argument
|
|
Docket Date |
2024-07-22
|
Type |
Motions Relating to Attorney Fees/Costs
|
Subtype |
Motion For Attorney's Fees
|
Description |
Motion For Attorney's Fees
|
|
Docket Date |
2024-07-22
|
Type |
Brief
|
Subtype |
Reply Brief
|
Description |
Reply Brief
|
On Behalf Of |
Cleveland Construction, Inc.
|
View |
View File
|
|
Docket Date |
2024-06-11
|
Type |
Recognizing Agreed Extension
|
Subtype |
Reply Brief
|
Description |
15 Days to 07/23/2024
|
|
Docket Date |
2024-06-11
|
Type |
Notice
|
Subtype |
Notice of Agreed Extension of Time - Reply Brief
|
Description |
Notice of Agreed Extension of Time - Reply Brief
|
On Behalf Of |
Cleveland Construction, Inc.
|
|
Docket Date |
2024-06-07
|
Type |
Brief
|
Subtype |
Answer Brief
|
Description |
Answer Brief
|
On Behalf Of |
James A. Cummings, Inc.
|
View |
View File
|
|
Docket Date |
2024-05-15
|
Type |
Order
|
Subtype |
Order on Motion to Appear Pro Hac Vice
|
Description |
ORDERED that David C. Romyn's May 9, 2024 verified motion for permission to appear pro hac vice is granted, and David C. Romyn, Esquire is permitted to appear in this appeal as counsel for James Cummings, Inc. David C. Romyn, Esquire is advised that this court does not send paper documents to attorneys and he shall register for the Appellate Case Information System ("ACIS") and the Florida Courts E-Filing Portal within five (5) days from the date of this order.
|
View |
View File
|
|
Docket Date |
2024-05-14
|
Type |
Miscellaneous Document
|
Subtype |
Pay Pro Hac Vice Fee-100
|
Description |
Paid Pro Hac Vice Fee-100
|
On Behalf Of |
James A. Cummings, Inc.
|
View |
View File
|
|
Docket Date |
2024-05-14
|
Type |
Order
|
Subtype |
Order on Filing Fee
|
Description |
This court is in receipt of the verified motion for admission to appear pro hac vice filed May 9, 2024. Further, ORDERED that David C. Romyn, Esq. shall tender the $100 appearance fee required by section 35.22(2)(a), Florida Statutes (2021), within ten (10) days from the date of the entry of this order. Upon so tendering the motion will be granted. The fee may be paid electronically through the Florida Courts E-Filing Portal - see the court's website for details.
|
View |
View File
|
|
Docket Date |
2024-05-09
|
Type |
Motions Relating to Parties and Counsel
|
Subtype |
Motion to Appear Pro Hac Vice
|
Description |
Motion to Appear Pro Hac Vice
|
|
Docket Date |
2024-05-07
|
Type |
Motions Extensions
|
Subtype |
Motion for Extension of Time to Serve Answer Brief
|
Description |
Agreed Motion for Extension of Time to File Answer/Cross Initial Brief
|
On Behalf Of |
Cleveland Construction, Inc.
|
|
Docket Date |
2024-05-06
|
Type |
Order
|
Subtype |
Order Striking Filing
|
Description |
Order Striking Filing
|
View |
View File
|
|
Docket Date |
2024-05-02
|
Type |
Motions Extensions
|
Subtype |
Motion for Extension of Time to Serve Answer Brief
|
Description |
Motion for Extension of Time to Serve Answer Brief
|
|
Docket Date |
2024-04-30
|
Type |
Notice
|
Subtype |
Notice of Electronic Transmission
|
Description |
*AMENDED* Notice of Electronic Transmission
|
On Behalf Of |
Clerk - Broward
|
|
Docket Date |
2024-04-23
|
Type |
Record
|
Subtype |
Exhibits
|
Description |
See Notice of Electronic Transmission
|
|
Docket Date |
2024-04-19
|
Type |
Notice
|
Subtype |
Notice of Electronic Transmission
|
Description |
Notice of Electronic Transmission
|
On Behalf Of |
Clerk - Broward
|
|
Docket Date |
2024-02-10
|
Type |
Brief
|
Subtype |
Initial Brief
|
Description |
Initial Brief
|
On Behalf Of |
Cleveland Construction, Inc.
|
View |
View File
|
|
Docket Date |
2024-02-02
|
Type |
Record
|
Subtype |
Supplemental Record
|
Description |
Supplemental Record Vol. I Pages 2595-15,581
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|
Docket Date |
2023-10-06
|
Type |
Response
|
Subtype |
Response
|
Description |
Response to Order to Show Cause
|
On Behalf Of |
James A. Cummings, Inc.
|
|
Docket Date |
2023-10-04
|
Type |
Miscellaneous Document
|
Subtype |
Pay Notice Joinder Fee-295
|
Description |
Paid Notice Joinder Fee-295
|
On Behalf Of |
James A. Cummings, Inc.
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View |
View File
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|
Docket Date |
2024-01-05
|
Type |
Motions Extensions
|
Subtype |
Motion for Extension for Supplemental ROA
|
Description |
Agreed Motion for Extension of Time to Supplement the Record and File Briefs
|
|
Docket Date |
2023-12-04
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time
|
Description |
ORDERED that the clerk of the lower tribunal's December 1, 2023 motion for extension of time is granted in part, and the time for the clerk of the lower tribunal to file the supplemental record on appeal is extended twenty (20) days from the date of this order. Further, ORDERED that Daniel Vega's December 4, 2023 notice of unavailability is stricken as unauthorized.
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View |
View File
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|
Docket Date |
2023-12-04
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Type |
Notice
|
Subtype |
Unavailability
|
Description |
Unavailability
|
On Behalf Of |
Federal Insurance Company
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View |
View File
|
|
Docket Date |
2023-12-01
|
Type |
Motions Extensions
|
Subtype |
Motion for Extension of Time
|
Description |
Motion for Extension of Time to Prepare the Supplemental Record
|
On Behalf Of |
Clerk - Broward
|
|
Docket Date |
2023-11-21
|
Type |
Order
|
Subtype |
Order on Motion to Supplement Record
|
Description |
ORDERED that Appellant Cleveland Construction, Inc.'s November 17, 2023 motion to supplement the record is granted. The material requested in the motion shall be included in the record on appeal. The clerk of the lower tribunal shall prepare and file the supplemental material in this court within ten (10) days from the date of this order. Appellant shall monitor the supplementation process.
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View |
View File
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|
Docket Date |
2023-11-17
|
Type |
Motions Relating to Records
|
Subtype |
Motion to Supplement Record
|
Description |
Motion to Supplement Record
|
|
Docket Date |
2023-11-14
|
Type |
Order
|
Subtype |
Order Striking Filing
|
Description |
ORDERED that Appellant Cleveland Construction, Inc.'s November 13, 2023 motion to supplement the record on appeal is stricken without prejudice to refiling a motion which identifies the exhibits.
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View |
View File
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|
Docket Date |
2023-11-13
|
Type |
Motions Relating to Records
|
Subtype |
Motion to Supplement Record
|
Description |
Motion to Supplement Record
|
|
Docket Date |
2023-11-07
|
Type |
Notice
|
Subtype |
Notice of Appearance
|
Description |
Notice of Appearance
|
On Behalf Of |
Cleveland Construction, Inc.
|
|
Docket Date |
2023-10-11
|
Type |
Order
|
Subtype |
Order on Agreed Extension of Time
|
Description |
90 Days to 01/16/2024
|
|
Docket Date |
2023-10-11
|
Type |
Notice
|
Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
Description |
Notice of Agreed Extension of Time - Initial Brief
|
On Behalf Of |
Cleveland Construction, Inc.
|
|
Docket Date |
2023-10-10
|
Type |
Order
|
Subtype |
Order Discharging Show Cause Order
|
Description |
ORDERED that, upon consideration of Federal Insurance Company's response filed October 6, 2023, this court's September 22, 2023 order to show cause is discharged. Further, ORDERED that Federal Insurance Company's August 30, 2023 notice of joinder is reinstated and Federal Insurance Company may proceed as an appellant in the above-styled appeal.
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View |
View File
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|
Docket Date |
2023-10-04
|
Type |
Order
|
Subtype |
Order Striking Filing
|
Description |
**JOINDER REINSTATED 10/10/2023** ORDERED that Federal Insurance Company's August 30, 2023 notice of joinder is stricken for failure to comply with this court's September 1 and 22, 2023 orders.
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View |
View File
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|
Docket Date |
2023-10-03
|
Type |
Record
|
Subtype |
Record on Appeal
|
Description |
Record on Appeal; 2,596 Pages
|
On Behalf Of |
Clerk - Broward
|
|
Docket Date |
2023-09-22
|
Type |
Order
|
Subtype |
Order to Show Cause
|
Description |
**DISCHARGED 10/10/2023** ORDERED that, within five (5) days from the date of this order, Federal Insurance Company shall show cause why its Notice of Joinder should not be stricken for failure to comply with this court's September 1, 2023 order to pay the filing fee.
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View |
View File
|
|
Docket Date |
2023-08-30
|
Type |
Notice
|
Subtype |
Notice of Joinder for Realignment
|
Description |
Notice of Joinder in Appeal (filing fee required)
|
On Behalf Of |
James A. Cummings, Inc.
|
|
Docket Date |
2023-08-28
|
Type |
Notice
|
Subtype |
Amended Notice of Appeal
|
Description |
Amended Notice of Appeal
|
On Behalf Of |
Clerk - Broward
|
|
Docket Date |
2023-08-25
|
Type |
Misc. Events
|
Subtype |
Cross-Notice Filing Fee Paid through Portal
|
Description |
CROSS NOTICE FILING FEE PAID THROUGH PORTAL
|
On Behalf Of |
James A. Cummings, Inc.
|
|
Docket Date |
2023-08-24
|
Type |
Order
|
Subtype |
Order on Filing Fee
|
Description |
ORD-Pay filing Fee - Cross-Appeal - 10 days ~ A Notice of Cross-Appeal was filed in the lower tribunal on August 21, 2023. The $295.00 filing fee required by the applicable rule of procedure and Section 35.22(2)(b), Florida Statutes (2021), is due and payable REGARDLESS OF WHETHER THE APPEAL IS LATER DISMISSED VOLUNTARILY OR ADVERSELY.ORDERED, appellee/cross-appellant shall pay the $295.00 filing fee or file the lower tribunal clerk's determination of indigent status in this court within ten (10) days from the date of the entry 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 the cross-appeal and may result in the court sanctioning of any party, or the party's attorney, who has not paid the filing fee. The attorney filing the notice of cross-appeal has a duty to tender the filing fee to the appellate court when the cross-appeal is initiated. See In Re Payment of Filing Fees, 744 So. 2d 1025 (Fla. 4th DCA 1997). Failure of the attorney to pay will result in referral to the Department of Financial Services for collection.
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|
Docket Date |
2023-08-23
|
Type |
Notice
|
Subtype |
Notice of Cross Appeal
|
Description |
Notice of Cross Appeal
|
On Behalf Of |
Clerk - Broward
|
|
Docket Date |
2023-08-21
|
Type |
Notice
|
Subtype |
Notice of Designation of E-mail Address
|
Description |
Notice of Primary E-Mail Address
|
On Behalf Of |
Cleveland Construction, Inc.
|
|
Docket Date |
2023-08-16
|
Type |
Notice
|
Subtype |
Notice of Appearance
|
Description |
Notice of Appearance
|
On Behalf Of |
Cleveland Construction, Inc.
|
|
Docket Date |
2023-08-16
|
Type |
Misc. Events
|
Subtype |
Order Appealed
|
Description |
Order Appealed
|
On Behalf Of |
Cleveland Construction, Inc.
|
|
Docket Date |
2023-08-14
|
Type |
Misc. Events
|
Subtype |
Case Filing Fee Paid through Portal
|
Description |
Case Filing Fee Paid Through Portal
|
On Behalf Of |
Cleveland Construction, Inc.
|
|
Docket Date |
2023-08-10
|
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 required by the applicable rule of procedure and Section 35.22(2)(a), Florida Statutes (2021), 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 |
2023-08-10
|
Type |
Notice
|
Subtype |
Notice of Appeal
|
Description |
Notice of Appeal Filed
|
On Behalf Of |
Cleveland Construction, Inc.
|
|
Docket Date |
2023-08-10
|
Type |
Letter
|
Subtype |
Acknowledgment Letter
|
Description |
Acknowledgment Letter
|
|
Docket Date |
2023-08-10
|
Type |
Misc. Events
|
Subtype |
Fee Status
|
Description |
FP:Fee Paid Through Portal
|
|
Docket Date |
2024-12-18
|
Type |
Record
|
Subtype |
Returned Exhibits
|
Description |
Returned Exhibits
|
|
Docket Date |
2024-05-09
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
Description |
ORDERED that Appellee James A. Cummings, Inc.'s May 7, 2024 motion for extension of time is granted, and Appellee shall serve the answer/cross-initial brief on or before June 7, 2024. 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.
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View |
View File
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|
Docket Date |
2024-01-16
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time
|
Description |
ORDERED that Appellant Cleveland Construction, Inc.'s January 5, 2024 motion for extension of time is granted, and the time for the clerk of the lower tribunal to file the supplemental record on appeal is extended to and including January 18, 2024. Further, ORDERED that Appellant Cleveland Construction, Inc.'s January 5, 2024 request for extension of time is granted in part, and Appellant shall serve the initial brief ten (10) days from receipt of the supplemental record. 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.
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View |
View File
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|
Docket Date |
2023-09-01
|
Type |
Order
|
Subtype |
Order on Filing Fee
|
Description |
ORD-Pay filing fee-Notice Joinder-10 days ~ The $295.00 filing fee, or a lower tribunal clerk's determination of indigent status, did not accompany the Notice of Joinder as required by section 35.22(2)(b), Florida Statutes (2021). The filing fee is due and payable at the time of filing REGARDLESS OF WHETHER THE PROCEEDING IS LATER DISMISSED VOLUNTARILY OR ADVERSELY.ORDERED that Federal Insurance Company shall pay the $295.00 filing fee or file the lower tribunal clerk's determination of indigent status in this Court within ten (10) days from the date of the entry 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/striking of the notice of joinder 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 joinder has a duty to tender the filing fee to the appellate court when the notice 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 Florida Department of Financial Services for collection.
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|
|
CLEVELAND CONSTRUCTION, INC. and FEDERAL INSURANCE COMPANY, Appellant(s) v. JAMES A. CUMMINGS, INC., et al., Appellee(s).
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4D2023-1917
|
2023-08-10
|
Closed
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|
Classification |
NOA Final - Circuit Civil - Other
|
Court |
4th District Court of Appeal
|
Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
CACE16-006245
|
Parties
Docket Entries
Docket Date |
2024-10-28
|
Type |
Disposition by Order
|
Subtype |
Dismissed
|
Description |
ORDERED that Appellant's July 22, 2024 and Appellee's July 22, 2024 motions for attorney's fees are denied as moot. Further, At the request of the parties, this case is dismissed.
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View |
View File
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|
Docket Date |
2024-10-24
|
Type |
Motions Other
|
Subtype |
Motion/Notice Voluntary Dismissal
|
Description |
Joint Stipulation of Dismissal
|
|
Docket Date |
2024-10-01
|
Type |
Order
|
Subtype |
Amended/Corrected Order
|
Description |
ORDERED that this court's September 27, 2024 order is amended as follows: ORDERED that the September 24, 2024 joint motion to stay appeal pending completion of settlement is granted. All parties hereto shall be required to file a pleading on or before December 15, 2024, that advises this court as to the completion of all settlement negotiations thereby warranting the dismissal of this pending appeal.
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View |
View File
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|
Docket Date |
2024-09-27
|
Type |
Order
|
Subtype |
Amended/Additional Filing(s) Needed
|
Description |
ORDERED that all parties hereto shall be required to file a pleading on or before December 15, 2024, that advises this court as to the completion of all settlement negotiations thereby warranting the dismissal of this pending appeal.
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View |
View File
|
|
Docket Date |
2024-09-24
|
Type |
Motions Other
|
Subtype |
Motion To Stay
|
Description |
JOINT MOTION TO STAY APPEAL PENDING
COMPLETION OF SETTLEMENT
|
On Behalf Of |
Cleveland Construction, Inc.
|
|
Docket Date |
2024-09-19
|
Type |
Order
|
Subtype |
Order Dispensing with Oral Argument
|
Description |
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.
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View |
View File
|
|
Docket Date |
2024-07-23
|
Type |
Motions Relating to Oral Argument
|
Subtype |
Motion/Request for Oral Argument
|
Description |
Motion/Request for Oral Argument
|
|
Docket Date |
2024-07-22
|
Type |
Motions Relating to Attorney Fees/Costs
|
Subtype |
Motion For Attorney's Fees
|
Description |
Motion For Attorney's Fees
|
|
Docket Date |
2024-07-22
|
Type |
Brief
|
Subtype |
Reply Brief
|
Description |
Reply Brief
|
On Behalf Of |
Cleveland Construction, Inc.
|
View |
View File
|
|
Docket Date |
2024-06-11
|
Type |
Recognizing Agreed Extension
|
Subtype |
Reply Brief
|
Description |
15 Days to 07/23/2024
|
|
Docket Date |
2024-06-11
|
Type |
Notice
|
Subtype |
Notice of Agreed Extension of Time - Reply Brief
|
Description |
Notice of Agreed Extension of Time - Reply Brief
|
On Behalf Of |
Cleveland Construction, Inc.
|
|
Docket Date |
2024-06-07
|
Type |
Brief
|
Subtype |
Answer Brief
|
Description |
Answer Brief
|
On Behalf Of |
James A. Cummings, Inc.
|
View |
View File
|
|
Docket Date |
2024-05-15
|
Type |
Order
|
Subtype |
Order on Motion to Appear Pro Hac Vice
|
Description |
ORDERED that David C. Romyn's May 9, 2024 verified motion for permission to appear pro hac vice is granted, and David C. Romyn, Esquire is permitted to appear in this appeal as counsel for James Cummings, Inc. David C. Romyn, Esquire is advised that this court does not send paper documents to attorneys and he shall register for the Appellate Case Information System ("ACIS") and the Florida Courts E-Filing Portal within five (5) days from the date of this order.
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View |
View File
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|
Docket Date |
2024-05-14
|
Type |
Miscellaneous Document
|
Subtype |
Pay Pro Hac Vice Fee-100
|
Description |
Paid Pro Hac Vice Fee-100
|
On Behalf Of |
James A. Cummings, Inc.
|
View |
View File
|
|
Docket Date |
2024-05-14
|
Type |
Order
|
Subtype |
Order on Filing Fee
|
Description |
This court is in receipt of the verified motion for admission to appear pro hac vice filed May 9, 2024. Further, ORDERED that David C. Romyn, Esq. shall tender the $100 appearance fee required by section 35.22(2)(a), Florida Statutes (2021), within ten (10) days from the date of the entry of this order. Upon so tendering the motion will be granted. The fee may be paid electronically through the Florida Courts E-Filing Portal - see the court's website for details.
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View |
View File
|
|
Docket Date |
2024-05-09
|
Type |
Motions Relating to Parties and Counsel
|
Subtype |
Motion to Appear Pro Hac Vice
|
Description |
Motion to Appear Pro Hac Vice
|
|
Docket Date |
2024-05-07
|
Type |
Motions Extensions
|
Subtype |
Motion for Extension of Time to Serve Answer Brief
|
Description |
Agreed Motion for Extension of Time to File Answer/Cross Initial Brief
|
On Behalf Of |
Cleveland Construction, Inc.
|
|
Docket Date |
2024-05-06
|
Type |
Order
|
Subtype |
Order Striking Filing
|
Description |
Order Striking Filing
|
View |
View File
|
|
Docket Date |
2024-05-02
|
Type |
Motions Extensions
|
Subtype |
Motion for Extension of Time to Serve Answer Brief
|
Description |
Motion for Extension of Time to Serve Answer Brief
|
|
Docket Date |
2024-04-30
|
Type |
Notice
|
Subtype |
Notice of Electronic Transmission
|
Description |
*AMENDED* Notice of Electronic Transmission
|
On Behalf Of |
Clerk - Broward
|
|
Docket Date |
2024-04-23
|
Type |
Record
|
Subtype |
Exhibits
|
Description |
See Notice of Electronic Transmission
|
|
Docket Date |
2024-04-19
|
Type |
Notice
|
Subtype |
Notice of Electronic Transmission
|
Description |
Notice of Electronic Transmission
|
On Behalf Of |
Clerk - Broward
|
|
Docket Date |
2024-02-10
|
Type |
Brief
|
Subtype |
Initial Brief
|
Description |
Initial Brief
|
On Behalf Of |
Cleveland Construction, Inc.
|
View |
View File
|
|
Docket Date |
2024-02-02
|
Type |
Record
|
Subtype |
Supplemental Record
|
Description |
Supplemental Record Vol. I Pages 2595-15,581
|
|
Docket Date |
2023-10-06
|
Type |
Response
|
Subtype |
Response
|
Description |
Response to Order to Show Cause
|
On Behalf Of |
James A. Cummings, Inc.
|
|
Docket Date |
2023-10-04
|
Type |
Miscellaneous Document
|
Subtype |
Pay Notice Joinder Fee-295
|
Description |
Paid Notice Joinder Fee-295
|
On Behalf Of |
James A. Cummings, Inc.
|
View |
View File
|
|
Docket Date |
2024-01-05
|
Type |
Motions Extensions
|
Subtype |
Motion for Extension for Supplemental ROA
|
Description |
Agreed Motion for Extension of Time to Supplement the Record and File Briefs
|
|
Docket Date |
2023-12-04
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time
|
Description |
ORDERED that the clerk of the lower tribunal's December 1, 2023 motion for extension of time is granted in part, and the time for the clerk of the lower tribunal to file the supplemental record on appeal is extended twenty (20) days from the date of this order. Further, ORDERED that Daniel Vega's December 4, 2023 notice of unavailability is stricken as unauthorized.
|
View |
View File
|
|
Docket Date |
2023-12-04
|
Type |
Notice
|
Subtype |
Unavailability
|
Description |
Unavailability
|
On Behalf Of |
Federal Insurance Company
|
View |
View File
|
|
Docket Date |
2023-12-01
|
Type |
Motions Extensions
|
Subtype |
Motion for Extension of Time
|
Description |
Motion for Extension of Time to Prepare the Supplemental Record
|
On Behalf Of |
Clerk - Broward
|
|
Docket Date |
2023-11-21
|
Type |
Order
|
Subtype |
Order on Motion to Supplement Record
|
Description |
ORDERED that Appellant Cleveland Construction, Inc.'s November 17, 2023 motion to supplement the record is granted. The material requested in the motion shall be included in the record on appeal. The clerk of the lower tribunal shall prepare and file the supplemental material in this court within ten (10) days from the date of this order. Appellant shall monitor the supplementation process.
|
View |
View File
|
|
Docket Date |
2023-11-17
|
Type |
Motions Relating to Records
|
Subtype |
Motion to Supplement Record
|
Description |
Motion to Supplement Record
|
|
Docket Date |
2023-11-14
|
Type |
Order
|
Subtype |
Order Striking Filing
|
Description |
ORDERED that Appellant Cleveland Construction, Inc.'s November 13, 2023 motion to supplement the record on appeal is stricken without prejudice to refiling a motion which identifies the exhibits.
|
View |
View File
|
|
Docket Date |
2023-11-13
|
Type |
Motions Relating to Records
|
Subtype |
Motion to Supplement Record
|
Description |
Motion to Supplement Record
|
|
Docket Date |
2023-11-07
|
Type |
Notice
|
Subtype |
Notice of Appearance
|
Description |
Notice of Appearance
|
On Behalf Of |
Cleveland Construction, Inc.
|
|
Docket Date |
2023-10-11
|
Type |
Order
|
Subtype |
Order on Agreed Extension of Time
|
Description |
90 Days to 01/16/2024
|
|
Docket Date |
2023-10-11
|
Type |
Notice
|
Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
Description |
Notice of Agreed Extension of Time - Initial Brief
|
On Behalf Of |
Cleveland Construction, Inc.
|
|
Docket Date |
2023-10-10
|
Type |
Order
|
Subtype |
Order Discharging Show Cause Order
|
Description |
ORDERED that, upon consideration of Federal Insurance Company's response filed October 6, 2023, this court's September 22, 2023 order to show cause is discharged. Further, ORDERED that Federal Insurance Company's August 30, 2023 notice of joinder is reinstated and Federal Insurance Company may proceed as an appellant in the above-styled appeal.
|
View |
View File
|
|
Docket Date |
2023-10-04
|
Type |
Order
|
Subtype |
Order Striking Filing
|
Description |
**JOINDER REINSTATED 10/10/2023** ORDERED that Federal Insurance Company's August 30, 2023 notice of joinder is stricken for failure to comply with this court's September 1 and 22, 2023 orders.
|
View |
View File
|
|
Docket Date |
2023-10-03
|
Type |
Record
|
Subtype |
Record on Appeal
|
Description |
Record on Appeal; 2,596 Pages
|
On Behalf Of |
Clerk - Broward
|
|
Docket Date |
2023-09-22
|
Type |
Order
|
Subtype |
Order to Show Cause
|
Description |
**DISCHARGED 10/10/2023** ORDERED that, within five (5) days from the date of this order, Federal Insurance Company shall show cause why its Notice of Joinder should not be stricken for failure to comply with this court's September 1, 2023 order to pay the filing fee.
|
View |
View File
|
|
Docket Date |
2023-08-30
|
Type |
Notice
|
Subtype |
Notice of Joinder for Realignment
|
Description |
Notice of Joinder in Appeal (filing fee required)
|
On Behalf Of |
James A. Cummings, Inc.
|
|
Docket Date |
2023-08-28
|
Type |
Notice
|
Subtype |
Amended Notice of Appeal
|
Description |
Amended Notice of Appeal
|
On Behalf Of |
Clerk - Broward
|
|
Docket Date |
2023-08-25
|
Type |
Misc. Events
|
Subtype |
Cross-Notice Filing Fee Paid through Portal
|
Description |
CROSS NOTICE FILING FEE PAID THROUGH PORTAL
|
On Behalf Of |
James A. Cummings, Inc.
|
|
Docket Date |
2023-08-24
|
Type |
Order
|
Subtype |
Order on Filing Fee
|
Description |
ORD-Pay filing Fee - Cross-Appeal - 10 days ~ A Notice of Cross-Appeal was filed in the lower tribunal on August 21, 2023. The $295.00 filing fee required by the applicable rule of procedure and Section 35.22(2)(b), Florida Statutes (2021), is due and payable REGARDLESS OF WHETHER THE APPEAL IS LATER DISMISSED VOLUNTARILY OR ADVERSELY.ORDERED, appellee/cross-appellant shall pay the $295.00 filing fee or file the lower tribunal clerk's determination of indigent status in this court within ten (10) days from the date of the entry 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 the cross-appeal and may result in the court sanctioning of any party, or the party's attorney, who has not paid the filing fee. The attorney filing the notice of cross-appeal has a duty to tender the filing fee to the appellate court when the cross-appeal is initiated. See In Re Payment of Filing Fees, 744 So. 2d 1025 (Fla. 4th DCA 1997). Failure of the attorney to pay will result in referral to the Department of Financial Services for collection.
|
|
Docket Date |
2023-08-23
|
Type |
Notice
|
Subtype |
Notice of Cross Appeal
|
Description |
Notice of Cross Appeal
|
On Behalf Of |
Clerk - Broward
|
|
Docket Date |
2023-08-21
|
Type |
Notice
|
Subtype |
Notice of Designation of E-mail Address
|
Description |
Notice of Primary E-Mail Address
|
On Behalf Of |
Cleveland Construction, Inc.
|
|
Docket Date |
2023-08-16
|
Type |
Notice
|
Subtype |
Notice of Appearance
|
Description |
Notice of Appearance
|
On Behalf Of |
Cleveland Construction, Inc.
|
|
Docket Date |
2023-08-16
|
Type |
Misc. Events
|
Subtype |
Order Appealed
|
Description |
Order Appealed
|
On Behalf Of |
Cleveland Construction, Inc.
|
|
Docket Date |
2023-08-14
|
Type |
Misc. Events
|
Subtype |
Case Filing Fee Paid through Portal
|
Description |
Case Filing Fee Paid Through Portal
|
On Behalf Of |
Cleveland Construction, Inc.
|
|
Docket Date |
2023-08-10
|
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 required by the applicable rule of procedure and Section 35.22(2)(a), Florida Statutes (2021), 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.
|
|
Docket Date |
2023-08-10
|
Type |
Notice
|
Subtype |
Notice of Appeal
|
Description |
Notice of Appeal Filed
|
On Behalf Of |
Cleveland Construction, Inc.
|
|
Docket Date |
2023-08-10
|
Type |
Letter
|
Subtype |
Acknowledgment Letter
|
Description |
Acknowledgment Letter
|
|
Docket Date |
2023-08-10
|
Type |
Misc. Events
|
Subtype |
Fee Status
|
Description |
FP:Fee Paid Through Portal
|
|
Docket Date |
2024-12-18
|
Type |
Record
|
Subtype |
Returned Exhibits
|
Description |
Returned Exhibits
|
|
Docket Date |
2024-05-09
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
Description |
ORDERED that Appellee James A. Cummings, Inc.'s May 7, 2024 motion for extension of time is granted, and Appellee shall serve the answer/cross-initial brief on or before June 7, 2024. 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.
|
View |
View File
|
|
Docket Date |
2024-01-16
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time
|
Description |
ORDERED that Appellant Cleveland Construction, Inc.'s January 5, 2024 motion for extension of time is granted, and the time for the clerk of the lower tribunal to file the supplemental record on appeal is extended to and including January 18, 2024. Further, ORDERED that Appellant Cleveland Construction, Inc.'s January 5, 2024 request for extension of time is granted in part, and Appellant shall serve the initial brief ten (10) days from receipt of the supplemental record. 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.
|
View |
View File
|
|
Docket Date |
2023-09-01
|
Type |
Order
|
Subtype |
Order on Filing Fee
|
Description |
ORD-Pay filing fee-Notice Joinder-10 days ~ The $295.00 filing fee, or a lower tribunal clerk's determination of indigent status, did not accompany the Notice of Joinder as required by section 35.22(2)(b), Florida Statutes (2021). The filing fee is due and payable at the time of filing REGARDLESS OF WHETHER THE PROCEEDING IS LATER DISMISSED VOLUNTARILY OR ADVERSELY.ORDERED that Federal Insurance Company shall pay the $295.00 filing fee or file the lower tribunal clerk's determination of indigent status in this Court within ten (10) days from the date of the entry 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/striking of the notice of joinder 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 joinder has a duty to tender the filing fee to the appellate court when the notice 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 Florida Department of Financial Services for collection.
|
|
|
GYPSUM EXPRESS SERVICES CONSTRUCTION, INC. VS FEDERAL INSURANCE COMPANY
|
2D2023-1486
|
2023-07-13
|
Closed
|
|
Classification |
NOA Non Final - Circuit Civil - Other
|
Court |
2nd District Court of Appeal
|
Originating Court |
Circuit Court for the Thirteenth Judicial Circuit, Hillsborough County
22-CA-010362
|
Parties
Name |
GYPSUM EXPRESS SERVICES CONSTRUCTION INC.
|
Role |
Appellant
|
Status |
Active
|
Representations |
BARRY KALMANSON, ESQ.
|
|
Name |
FEDERAL INSURANCE COMPANY
|
Role |
Appellee
|
Status |
Active
|
Representations |
NICHOLAS ELDER, ESQ., CHRISTOPHER M. COBB, ESQ.
|
|
Name |
HON. ROBERT A. BAUMAN
|
Role |
Judge/Judicial Officer
|
Status |
Active
|
|
Name |
HILLSBOROUGH CLERK
|
Role |
Lower Tribunal Clerk
|
Status |
Active
|
|
Docket Entries
Docket Date |
2023-09-08
|
Type |
Disposition by Order
|
Subtype |
Dismissed
|
Description |
ORDER GRANTING VOLUNTARY DISMISSAL ~ Pursuant to the notice of voluntary dismissal filed herein, this appeal isdismissed.
|
|
Docket Date |
2023-09-08
|
Type |
Disposition
|
Subtype |
Dismissed
|
Description |
Dismissed - Order by Clerk
|
|
Docket Date |
2023-09-08
|
Type |
Misc. Events
|
Subtype |
Case Closed
|
Description |
Case Closed
|
|
Docket Date |
2023-09-07
|
Type |
Motions Other
|
Subtype |
Motion/Notice Voluntary Dismissal
|
Description |
Notice of Voluntary Dismissal
|
On Behalf Of |
GYPSUM EXPRESS SERVICES CONSTRUCTION, INC.
|
|
Docket Date |
2023-09-06
|
Type |
Order
|
Subtype |
Order on Motion To Strike
|
Description |
Deny Motion to Strike-13a ~ Appellant's motion to strike is denied without prejudice to raising the argumentsfrom the motion in the reply brief.
|
|
Docket Date |
2023-08-17
|
Type |
Motions Other
|
Subtype |
Motion To Strike
|
Description |
Motion To Strike ~ APPELLANT'S MOTION TO STRIKE REFERENCES TO PER CURIAM AFFIRMED RULING SET FORTH IN APPELLEE'S ANSWER BRIEF
|
On Behalf Of |
GYPSUM EXPRESS SERVICES CONSTRUCTION, INC.
|
|
Docket Date |
2023-08-16
|
Type |
Brief
|
Subtype |
Answer Brief
|
Description |
Appellee Answer Brief
|
On Behalf Of |
Federal Insurance Company
|
|
Docket Date |
2023-07-24
|
Type |
Record
|
Subtype |
Appendix to Initial Brief
|
Description |
Appendix for Initial Brief
|
On Behalf Of |
GYPSUM EXPRESS SERVICES CONSTRUCTION, INC.
|
|
Docket Date |
2023-07-19
|
Type |
Order
|
Subtype |
Amended/Additional Filing(s) Needed
|
Description |
Corrected Appendix Required ~ The appendix to the initial brief does not comply with Florida Rule of AppellateProcedure 9.220(c).• Appendix is not text searchable.Appellant shall file a corrected appendix within ten days from the date of thisorder.
|
|
Docket Date |
2023-07-17
|
Type |
Record
|
Subtype |
Appendix to Initial Brief
|
Description |
Appendix for Initial Brief ~ NOT TEXT SEARCHABLE
|
On Behalf Of |
GYPSUM EXPRESS SERVICES CONSTRUCTION, INC.
|
|
Docket Date |
2023-07-17
|
Type |
Brief
|
Subtype |
Initial Brief
|
Description |
Initial Appellant Brief on Merits
|
On Behalf Of |
GYPSUM EXPRESS SERVICES CONSTRUCTION, INC.
|
|
Docket Date |
2023-07-14
|
Type |
Letter
|
Subtype |
Acknowledgment Letter
|
Description |
Acknowledgment Letter 1
|
|
Docket Date |
2023-07-14
|
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 |
2023-07-13
|
Type |
Notice
|
Subtype |
Notice of Appeal
|
Description |
Notice of Appeal Filed ~ W/ORDER
|
On Behalf Of |
GYPSUM EXPRESS SERVICES CONSTRUCTION, INC.
|
|
Docket Date |
2023-07-13
|
Type |
Misc. Events
|
Subtype |
Fee Status
|
Description |
A3:Paid In Full - $300
|
|
|
WILLIAM MARVIN DOUBERLEY , Appellant(s) v. HAROLD PEERENBOOM, et al., Appellee(s).
|
4D2022-1560
|
2022-06-08
|
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
502013CA015257
|
Parties
Name |
William Marvin Douberley
|
Role |
Appellant
|
Status |
Active
|
Representations |
Daniel Michael Bachi
|
|
Name |
FEDERAL INSURANCE COMPANY
|
Role |
Appellee
|
Status |
Active
|
|
Name |
Steven Raphael
|
Role |
Appellee
|
Status |
Active
|
|
Name |
Karen D. donnelly
|
Role |
Appellee
|
Status |
Active
|
|
Name |
CHUBB & SON INC
|
Role |
Appellee
|
Status |
Active
|
|
Name |
Harold Peerenboom
|
Role |
Appellee
|
Status |
Active
|
Representations |
Paul Morris, Jordan Katz, Helaina Bardunias, Kyle T. Berglin, Manuel Kushner, Jordan Scott Cohen, Ryan P. Montefusco, David J. Majcak, Pedro Luis Demahy, Jared Michael Lopez, Rodney J. Janis, David V King, Roy Black, Steven Mark Katzman, John B. Rosenquest, Joshua Evan Dubin, Leonard Scott Feuer, Ronald R. Rossi
|
|
Name |
Isaac ("Ike") Perlmutter
|
Role |
Appellee
|
Status |
Active
|
|
Name |
KAY-DEE SPORTSWEAR, INC.
|
Role |
Appellee
|
Status |
Active
|
|
Name |
Speckin Forensic Laboratories
|
Role |
Appellee
|
Status |
Active
|
|
Name |
Laura Perlmutter
|
Role |
Appellee
|
Status |
Active
|
|
Name |
DAVID SMITH LLC
|
Role |
Appellee
|
Status |
Active
|
|
Name |
SPECKIN FORENSICS LLC
|
Role |
Appellee
|
Status |
Active
|
|
Name |
Hon. Gerard Joseph Curley
|
Role |
Judge/Judicial Officer
|
Status |
Active
|
|
Name |
Palm Beach Clerk
|
Role |
Lower Tribunal Clerk
|
Status |
Active
|
|
Docket Entries
Docket Date |
2022-08-09
|
Type |
Notice
|
Subtype |
Notice of Appearance
|
Description |
Notice of Appearance
|
On Behalf Of |
Harold Peerenboom
|
|
Docket Date |
2024-12-23
|
Type |
Supreme Court
|
Subtype |
Record Sent to Supreme Court
|
Description |
SC2024-0058 Record Sent to Supreme Court
|
|
Docket Date |
2024-12-03
|
Type |
Supreme Court
|
Subtype |
Supreme Court Briefing Scheduled
|
Description |
SC2024-0058 Supreme Court Briefing Scheduled
|
|
Docket Date |
2024-01-12
|
Type |
Supreme Court
|
Subtype |
Acknowledged Receipt from Supreme Court
|
Description |
Acknowledged Receipt from Supreme Court
|
|
Docket Date |
2024-01-11
|
Type |
Supreme Court
|
Subtype |
Review Sent to Supreme Court
|
Description |
Review Sent to Supreme Court
|
|
Docket Date |
2024-01-10
|
Type |
Supreme Court
|
Subtype |
Notice to Invok. Disc. Jur. FSC
|
Description |
Notice to Invoke Discretionary Jurisdiction to Florida Supreme Court
|
On Behalf Of |
Isaac ("Ike") Perlmutter
|
|
Docket Date |
2024-01-03
|
Type |
Misc. Events
|
Subtype |
West Publishing
|
Description |
West Publishing
|
|
Docket Date |
2024-01-03
|
Type |
Mandate
|
Subtype |
Mandate
|
Description |
Mandate
|
View |
View File
|
|
Docket Date |
2023-12-29
|
Type |
Notice
|
Subtype |
Notice of Appearance
|
Description |
Notice of Appearance
|
|
Docket Date |
2023-12-13
|
Type |
Order
|
Subtype |
Order on Motion To Strike
|
Description |
Order on Motion To Strike
|
On Behalf Of |
Harold Peerenboom
|
View |
View File
|
|
Docket Date |
2023-12-13
|
Type |
Disposition by Opinion
|
Subtype |
Reversed
|
Description |
Reversed - En Banc On Motion for Certification and Sua Sponte Rehearing En Banc
|
View |
View File
|
|
Docket Date |
2023-12-05
|
Type |
Order
|
Subtype |
Order on Motion/Request for Oral Argument
|
Description |
Order on Motion/Request for Oral Argument
|
On Behalf Of |
Isaac ("Ike") Perlmutter
|
View |
View File
|
|
Docket Date |
2023-12-01
|
Type |
Motions Other
|
Subtype |
Miscellaneous Motion
|
Description |
Motion to Allow Oral Argument and Supplemental Briefing to Enhance the Court's En Banc Review
|
|
Docket Date |
2023-11-30
|
Type |
Order
|
Subtype |
Case to be Determined En Banc
|
Description |
Case to be Determined En Banc
|
View |
View File
|
|
Docket Date |
2023-11-01
|
Type |
Response
|
Subtype |
Response
|
Description |
Response to Joint Motion to Strike
|
|
Docket Date |
2023-10-30
|
Type |
Response
|
Subtype |
Response
|
Description |
Response in Opposition to Motion for Certification of Conflict & A Question of Great Public Importance
|
On Behalf Of |
Federal Insurance Company
|
View |
View File
|
|
Docket Date |
2023-10-30
|
Type |
Notice
|
Subtype |
Notice of Appearance
|
Description |
Notice of Appearance
|
On Behalf Of |
Federal Insurance Company
|
|
Docket Date |
2023-10-27
|
Type |
Motions Other
|
Subtype |
Motion To Strike
|
Description |
Motion To Strike
|
|
Docket Date |
2023-10-25
|
Type |
Record
|
Subtype |
Supplemental Appendix
|
Description |
Supplement to Motion for Certification of Conflict with Second DCA and Fifth DCA
|
|
Docket Date |
2023-10-25
|
Type |
Notice
|
Subtype |
Notice of Related Case or Issue
|
Description |
Notice of Related Case or Issue
|
On Behalf Of |
Isaac ("Ike") Perlmutter
|
|
Docket Date |
2023-10-20
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time to File Response
|
Description |
Order on Motion for Extension of Time to File Response
|
View |
View File
|
|
Docket Date |
2023-10-19
|
Type |
Motions Extensions
|
Subtype |
Motion for Extension of Time to File Response
|
Description |
Motion for Extension of Time to File Response
|
|
Docket Date |
2023-10-06
|
Type |
Motions Other
|
Subtype |
Miscellaneous Motion
|
Description |
Motion for Certification of Conflict with Second DCA and Fifth DCA. . .
|
View |
View File
|
|
Docket Date |
2023-09-27
|
Type |
Order
|
Subtype |
Order on Motion/Request for Oral Argument
|
Description |
Order on Motion/Request for Oral Argument
|
View |
View File
|
|
Docket Date |
2023-09-27
|
Type |
Disposition by Opinion
|
Subtype |
Reversed
|
Description |
**WITHDRAWN** See 12-13-2023 Opinion - Reversed
|
View |
View File
|
|
Docket Date |
2023-08-17
|
Type |
Notice
|
Subtype |
Notice of Supplemental Authority
|
Description |
Notice of Supplemental Authority
|
On Behalf Of |
Harold Peerenboom
|
|
Docket Date |
2023-08-15
|
Type |
Notice
|
Subtype |
Notice of Supplemental Authority
|
Description |
Notice of Supplemental Authority
|
On Behalf Of |
Harold Peerenboom
|
|
Docket Date |
2023-06-09
|
Type |
Notice
|
Subtype |
Notice of Supplemental Authority
|
Description |
Notice of Supplemental Authority
|
On Behalf Of |
Harold Peerenboom
|
|
Docket Date |
2023-06-02
|
Type |
Notice
|
Subtype |
Notice of Supplemental Authority
|
Description |
Notice of Supplemental Authority
|
On Behalf Of |
Harold Peerenboom
|
|
Docket Date |
2023-05-23
|
Type |
Notice
|
Subtype |
Notice of Joinder in Filing
|
Description |
Notice of Joinder ~ IN NOTICES OF SUPPLEMENTAL AUTHORITY
|
On Behalf Of |
Harold Peerenboom
|
|
Docket Date |
2023-05-19
|
Type |
Notice
|
Subtype |
Notice of Supplemental Authority
|
Description |
Notice of Supplemental Authority
|
On Behalf Of |
Federal Insurance Company
|
|
Docket Date |
2023-05-09
|
Type |
Notice
|
Subtype |
Notice of Supplemental Authority
|
Description |
Notice of Supplemental Authority
|
On Behalf Of |
Harold Peerenboom
|
|
Docket Date |
2023-04-27
|
Type |
Notice
|
Subtype |
Notice of Supplemental Authority
|
Description |
Notice of Supplemental Authority
|
On Behalf Of |
Federal Insurance Company
|
|
Docket Date |
2023-02-14
|
Type |
Response
|
Subtype |
Response
|
Description |
Response ~ TO REQUESTS FOR OA
|
On Behalf Of |
Harold Peerenboom
|
|
Docket Date |
2023-01-31
|
Type |
Motions Relating to Oral Argument
|
Subtype |
Motion/Request for Oral Argument
|
Description |
Request for Oral Argument ~ **RESPONSE FILED 2/14/23**
|
On Behalf Of |
Harold Peerenboom
|
|
Docket Date |
2023-01-30
|
Type |
Brief
|
Subtype |
Reply Brief
|
Description |
Appellant's Reply Brief ~ HAROLD PEERENBOOM
|
On Behalf Of |
Harold Peerenboom
|
|
Docket Date |
2023-01-30
|
Type |
Motions Relating to Oral Argument
|
Subtype |
Motion/Request for Oral Argument
|
Description |
Request for Oral Argument ~ **RESPONSE FILED 2/14/23**
|
On Behalf Of |
Federal Insurance Company
|
|
Docket Date |
2023-01-27
|
Type |
Brief
|
Subtype |
Reply Brief
|
Description |
Appellant's Reply Brief
|
On Behalf Of |
Harold Peerenboom
|
|
Docket Date |
2023-01-27
|
Type |
Motions Relating to Oral Argument
|
Subtype |
Motion/Request for Oral Argument
|
Description |
Request for Oral Argument ~ **RESPONSE FILED 2/14/23**
|
On Behalf Of |
Harold Peerenboom
|
|
Docket Date |
2023-01-13
|
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 12, 2023 motion for extension of time is granted in part, and appellant shall serve the reply brief within fifteen (15) days from the date of this order. In addition, if the reply brief is served after the time provided for in this order, it may be stricken.
|
|
Docket Date |
2023-01-12
|
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 |
Federal Insurance Company
|
|
Docket Date |
2022-12-16
|
Type |
Brief
|
Subtype |
Answer Brief
|
Description |
Appellee's Answer Brief
|
On Behalf Of |
Harold Peerenboom
|
|
Docket Date |
2022-11-16
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
Description |
Order Granting EOT for Answer Brief ~ ORDERED that appellees’ November 15, 2022 motion for extension of time is granted, and appellees shall serve the answer brief on or before December 16, 2022. In addition, appellees are notified that the failure to serve the brief within the time provided herein may foreclose appellees’ right to file a brief or otherwise participate in this appeal.
|
|
Docket Date |
2022-11-15
|
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 |
Harold Peerenboom
|
|
Docket Date |
2022-10-19
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
Description |
Order Granting EOT for Answer Brief ~ ORDERED that appellees’ October 14, 2022 motion for extension of time is granted, and appellees shall serve the answer brief on or before November 16, 2022. In addition, appellees are notified that the failure to serve the brief within the time provided herein may foreclose appellees’ right to file a brief or otherwise participate in this appeal.
|
|
Docket Date |
2022-10-14
|
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 |
Harold Peerenboom
|
|
Docket Date |
2022-10-07
|
Type |
Notice
|
Subtype |
Notice of Appearance
|
Description |
Notice of Appearance
|
On Behalf Of |
Harold Peerenboom
|
|
Docket Date |
2022-09-20
|
Type |
Brief
|
Subtype |
Amended Initial Brief
|
Description |
Amended Appellant's Initial Brief ~ WILLIAM MARVIN DOUBERLEY, ESQ.
|
On Behalf Of |
Harold Peerenboom
|
|
Docket Date |
2022-09-20
|
Type |
Order
|
Subtype |
Order on Motion to Accept Brief as Timely
|
Description |
Grant to Accept Brief Filed as Timely ~ ORDERED that appellant’s, William M. Douberley, Esq., September 19, 2022 motion to accept brief as timely is granted, and the amended initial brief is deemed timely filed as of the date of this order.
|
|
Docket Date |
2022-09-19
|
Type |
Brief
|
Subtype |
Initial Brief
|
Description |
Initial Brief on Merits ~ **AMENDED IB FILED** WILLIAM MARVIN DOUBERLEY, ESQ
|
On Behalf Of |
Harold Peerenboom
|
|
Docket Date |
2022-09-19
|
Type |
Motions Relating to Briefs
|
Subtype |
Motion to Accept Brief as Timely
|
Description |
Motion To Accept Timely Brief
|
On Behalf Of |
Harold Peerenboom
|
|
Docket Date |
2022-09-16
|
Type |
Brief
|
Subtype |
Initial Brief
|
Description |
Initial Brief on Merits
|
On Behalf Of |
Federal Insurance Company
|
|
Docket Date |
2022-08-31
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
Description |
Order Granting EOT for Initial Brief ~ ORDERED that appellants’ August 29, 2022 motion for extension of time is granted, and appellants shall serve the initial brief on or before September 16, 2022. 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 |
2022-08-29
|
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 |
Federal Insurance Company
|
|
Docket Date |
2022-08-24
|
Type |
Notice
|
Subtype |
Notice of Appearance
|
Description |
Notice of Appearance
|
On Behalf Of |
Harold Peerenboom
|
|
Docket Date |
2022-08-17
|
Type |
Record
|
Subtype |
Record on Appeal
|
Description |
Received Records ~ 12,808 PAGES
|
On Behalf Of |
Palm Beach Clerk
|
|
Docket Date |
2022-08-16
|
Type |
Order
|
Subtype |
Order
|
Description |
Miscellaneous Order ~ ORDERED that the clerk of the lower tribunal shall file the record on appeal, which was part of the relief granted in this court's July 11, 2022 order, within ten (10) days from the date of this order.
|
|
Docket Date |
2022-08-08
|
Type |
Order
|
Subtype |
Order Striking Filing
|
Description |
Stricken - Non-Compliance With R. 9.045 ~ ORDERED that appellees’ August 5, 2022 notices of appearance are stricken as not in compliance with Florida Rule of Appellate Procedure 9.045, which became effective January 1, 2021, in that they are computer-generated documents which do 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.”). The notices are also stricken as not in compliance with Florida Rule of Appellate Procedure 9.420(d) in that there is no certificate of service or the certificate of service does not comply in substance with the requirements of Florida Rule of General Practice and Judicial Administration 2.516(f). An amended document shall be filed within two (2) days from the date of this order.
|
|
Docket Date |
2022-08-05
|
Type |
Notice
|
Subtype |
Notice of Appearance
|
Description |
Notice of Appearance ~ **STRICKEN**
|
On Behalf Of |
Harold Peerenboom
|
|
Docket Date |
2022-07-26
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
Description |
Order Granting EOT for Initial Brief ~ ORDERED that appellants' July 22, 2022 motion for extension of time is granted, and appellants shall serve the initial brief within fifteen (15) days from receipt of the record on appeal. 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 |
2022-07-22
|
Type |
Motions Extensions
|
Subtype |
Motion for Extension of Time to Serve Initial Brief
|
Description |
Mot. for Extension of time to file Initial Brief
|
On Behalf Of |
Harold Peerenboom
|
|
Docket Date |
2022-07-21
|
Type |
Motions Extensions
|
Subtype |
Motion for Extension of Time to Serve Initial Brief
|
Description |
Mot. for Extension of time to file Initial Brief ~ ***STRICKEN**
|
On Behalf Of |
Harold Peerenboom
|
|
Docket Date |
2022-07-13
|
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 June 17, 2022 motion for extension of time filed in 4D22-1562 is granted, and appellant shall serve the initial brief on or before July 25, 2022. 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 |
2022-07-11
|
Type |
Order
|
Subtype |
Order
|
Description |
ORD-Sua Sponte ~ Upon consideration of appellants' July 1, 2022 response to the June 21, 2022 order to show cause, it is ORDERED that case numbers 4D22-1558, 4D22-1560, and 4D22-1562 are now consolidated for all purposes are to proceed under the time schedule for a nonfinal appeal and according to the requirements of Florida Rule of Appellate Procedure 9.130, and shall proceed under case number 4D22-1558. Further, ORDERED that appellants' procedural requests are granted in part save for the request to not require appellants to split/share time during oral argument, which is reserved.
|
|
Docket Date |
2022-07-01
|
Type |
Order
|
Subtype |
Order Striking Filing
|
Description |
Stricken - Non-Compliance With R. 9.045 ~ ORDERED that appellant’s July 1, 2022 response 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 |
2022-07-01
|
Type |
Response
|
Subtype |
Response
|
Description |
Response
|
On Behalf Of |
William Marvin Douberley
|
|
Docket Date |
2022-06-21
|
Type |
Order
|
Subtype |
Order to Show Cause
|
Description |
Order to Show Cause ~ ORDERED that the parties are to show cause, within ten (10) days from the date of this order, as to why case numbers 4D22-1560, 4D22-1562 and 4D22-1558 should not be consolidated for all purposes.
|
|
Docket Date |
2022-06-17
|
Type |
Notice
|
Subtype |
Notice of Appearance
|
Description |
Notice of Appearance
|
On Behalf Of |
Harold Peerenboom
|
|
Docket Date |
2022-06-17
|
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 |
William Marvin Douberley
|
|
Docket Date |
2022-06-15
|
Type |
Notice
|
Subtype |
Notice of Related Case or Issue
|
Description |
Notice of Similar Case Pending
|
On Behalf Of |
William Marvin Douberley
|
|
Docket Date |
2022-06-14
|
Type |
Order
|
Subtype |
Order Striking Filing
|
Description |
Stricken - No or Noncompliant Cert. of Service ~ ORDERED that appellant's June 13, 2022 notice is stricken as not in compliance with Florida Rule of Appellate Procedure 9.420(d) in that there is no certificate of service or the certificate of service does not comply in substance with the requirements of Florida Rule of General Practice and Judicial Administration 2.516(f).
|
|
Docket Date |
2022-06-13
|
Type |
Notice
|
Subtype |
Notice of Related Case or Issue
|
Description |
Notice of Similar Case Pending ~ **STRICKEN**
|
On Behalf Of |
William Marvin Douberley
|
|
Docket Date |
2022-06-09
|
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 required by the applicable rule of procedure and Section 35.22(2)(a), Florida Statutes (2021), 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.
|
|
Docket Date |
2022-06-09
|
Type |
Misc. Events
|
Subtype |
Case Filing Fee Paid through Portal
|
Description |
Case Filing Fee Paid Through Portal
|
On Behalf Of |
William Marvin Douberley
|
|
Docket Date |
2022-06-09
|
Type |
Letter
|
Subtype |
Acknowledgment Letter
|
Description |
Acknowledgment Letter
|
|
Docket Date |
2022-06-08
|
Type |
Notice
|
Subtype |
Notice of Appeal
|
Description |
Notice of Appeal Filed
|
On Behalf Of |
William Marvin Douberley
|
|
Docket Date |
2022-06-08
|
Type |
Misc. Events
|
Subtype |
Fee Status
|
Description |
FP:Fee Paid Through Portal
|
|
|
FFEDERAL INSURANCE COMPANY, et al., Appellant(s) v. ISAAC (IKE) PERLMUTTER and LAURA PERLMUTTER, Appellee(s)
|
4D2022-1558
|
2022-06-08
|
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
502013CA015257
|
Parties
Name |
FEDERAL INSURANCE COMPANY
|
Role |
Appellant
|
Status |
Active
|
Representations |
Pedro Luis Demahy, Audrey Fernandez, Kenneth Russell Drake, Brandt Roen
|
|
Name |
William Marvin Douberley
|
Role |
Appellant
|
Status |
Active
|
Representations |
Dina Marie Contri, Robert Leon Johnson
|
|
Name |
Speckin Forensic Laboratories
|
Role |
Appellee
|
Status |
Active
|
|
Name |
SPECKIN FORENSICS LLC
|
Role |
Appellee
|
Status |
Active
|
|
Name |
Laura Perlmutter
|
Role |
Appellee
|
Status |
Active
|
|
Name |
John/Jane Does 1 to 10
|
Role |
Appellee
|
Status |
Active
|
|
Name |
Julie Howenstine
|
Role |
Appellee
|
Status |
Active
|
|
Name |
Hon. Gerard Joseph Curley
|
Role |
Judge/Judicial Officer
|
Status |
Active
|
|
Name |
Palm Beach Clerk
|
Role |
Lower Tribunal Clerk
|
Status |
Active
|
|
Name |
Harold Peerenboom
|
Role |
Appellant
|
Status |
Active
|
Representations |
Ethan Alexander Arthur, Jordan Scott Cohen
|
|
Name |
Isaac ("Ike") Perlmutter
|
Role |
Appellee
|
Status |
Active
|
Representations |
Victoria N DeLeon, Bradley Lerman, Roy Black, Elliot Burt Kula, Marc E. Kasowitz, William Derek Mueller, William Aaron Daniel, Maria Helena Ruiz, Jonathan Eric Minsker, Jared Michael Lopez, Mark W. Lerner, Joshua Evan Dubin, Paul Morris, Ann Marie St Peter-Griffith
|
|
Docket Entries
Docket Date |
2024-12-03
|
Type |
Supreme Court
|
Subtype |
Supreme Court Briefing Scheduled
|
Description |
SC2024-0058 Supreme Court Briefing Scheduled
|
|
Docket Date |
2024-01-12
|
Type |
Supreme Court
|
Subtype |
Acknowledged Receipt from Supreme Court
|
Description |
Acknowledged Receipt from Supreme Court
|
|
Docket Date |
2024-01-11
|
Type |
Supreme Court
|
Subtype |
Review Sent to Supreme Court
|
Description |
Review Sent to Supreme Court
|
|
Docket Date |
2024-01-10
|
Type |
Supreme Court
|
Subtype |
Notice to Invok. Disc. Jur. FSC
|
Description |
Notice to Invoke Discretionary Jurisdiction to Florida Supreme Court
|
On Behalf Of |
Isaac ("Ike") Perlmutter
|
|
Docket Date |
2024-01-03
|
Type |
Misc. Events
|
Subtype |
West Publishing
|
Description |
West Publishing
|
|
Docket Date |
2024-01-03
|
Type |
Mandate
|
Subtype |
Mandate
|
Description |
Mandate
|
View |
View File
|
|
Docket Date |
2023-12-29
|
Type |
Notice
|
Subtype |
Notice of Appearance
|
Description |
Notice of Appearance
|
|
Docket Date |
2023-12-05
|
Type |
Order
|
Subtype |
Order on Motion/Request for Oral Argument
|
Description |
Order on Motion/Request for Oral Argument
|
On Behalf Of |
Isaac ("Ike") Perlmutter
|
View |
View File
|
|
Docket Date |
2023-12-01
|
Type |
Motions Other
|
Subtype |
Miscellaneous Motion
|
Description |
Motion to Allow Oral Argument and Supplemental Briefing to Enhance the Court's En Banc Review
|
|
Docket Date |
2023-11-30
|
Type |
Order
|
Subtype |
Case to be Determined En Banc
|
Description |
Case to be Determined En Banc
|
View |
View File
|
|
Docket Date |
2023-11-01
|
Type |
Response
|
Subtype |
Response
|
Description |
Response to Joint Motion to Strike
|
|
Docket Date |
2023-10-30
|
Type |
Response
|
Subtype |
Response
|
Description |
Response in Opposition to Motion for Certification of Conflict & A Question of Great Public Importance
|
On Behalf Of |
Federal Insurance Company
|
View |
View File
|
|
Docket Date |
2023-01-27
|
Type |
Motions Relating to Oral Argument
|
Subtype |
Motion/Request for Oral Argument
|
Description |
Request for Oral Argument ~ **RESPONSE FILED 2/14/23**
|
On Behalf Of |
Harold Peerenboom
|
|
Docket Date |
2023-10-30
|
Type |
Notice
|
Subtype |
Notice of Appearance
|
Description |
Notice of Appearance
|
On Behalf Of |
Federal Insurance Company
|
|
Docket Date |
2023-10-27
|
Type |
Motions Other
|
Subtype |
Motion To Strike
|
Description |
Motion To Strike
|
|
Docket Date |
2023-10-25
|
Type |
Record
|
Subtype |
Supplemental Appendix
|
Description |
Supplement to Motion for Certification of Conflict with Second DCA and Fifth DCA
|
|
Docket Date |
2023-10-25
|
Type |
Notice
|
Subtype |
Notice of Related Case or Issue
|
Description |
Notice of Related Case or Issue
|
On Behalf Of |
Isaac ("Ike") Perlmutter
|
|
Docket Date |
2023-10-20
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time to File Response
|
Description |
Order on Motion for Extension of Time to File Response
|
View |
View File
|
|
Docket Date |
2023-10-19
|
Type |
Motions Extensions
|
Subtype |
Motion for Extension of Time to File Response
|
Description |
Motion for Extension of Time to File Response
|
|
Docket Date |
2023-10-06
|
Type |
Motions Other
|
Subtype |
Miscellaneous Motion
|
Description |
Motion for Certification of Conflict with Second DCA and Fifth DCA. . .
|
View |
View File
|
|
Docket Date |
2023-09-27
|
Type |
Order
|
Subtype |
Order on Motion/Request for Oral Argument
|
Description |
Order on Motion/Request for Oral Argument
|
View |
View File
|
|
Docket Date |
2023-09-27
|
Type |
Disposition by Opinion
|
Subtype |
Reversed
|
Description |
**WITHDRAWN** See 12-13-2023 Opinion - Reversed
|
View |
View File
|
|
Docket Date |
2023-08-17
|
Type |
Notice
|
Subtype |
Notice of Supplemental Authority
|
Description |
Notice of Supplemental Authority
|
On Behalf Of |
Harold Peerenboom
|
|
Docket Date |
2023-08-15
|
Type |
Notice
|
Subtype |
Notice of Supplemental Authority
|
Description |
Notice of Supplemental Authority
|
On Behalf Of |
Harold Peerenboom
|
|
Docket Date |
2023-06-09
|
Type |
Notice
|
Subtype |
Notice of Supplemental Authority
|
Description |
Notice of Supplemental Authority
|
On Behalf Of |
Harold Peerenboom
|
|
Docket Date |
2023-06-02
|
Type |
Notice
|
Subtype |
Notice of Supplemental Authority
|
Description |
Notice of Supplemental Authority
|
On Behalf Of |
Harold Peerenboom
|
|
Docket Date |
2023-05-23
|
Type |
Notice
|
Subtype |
Notice of Joinder in Filing
|
Description |
Notice of Joinder ~ IN NOTICES OF SUPPLEMENTAL AUTHORITY
|
On Behalf Of |
Harold Peerenboom
|
|
Docket Date |
2023-05-19
|
Type |
Notice
|
Subtype |
Notice of Supplemental Authority
|
Description |
Notice of Supplemental Authority
|
On Behalf Of |
Federal Insurance Company
|
|
Docket Date |
2023-05-09
|
Type |
Notice
|
Subtype |
Notice of Supplemental Authority
|
Description |
Notice of Supplemental Authority
|
On Behalf Of |
Harold Peerenboom
|
|
Docket Date |
2023-04-27
|
Type |
Notice
|
Subtype |
Notice of Supplemental Authority
|
Description |
Notice of Supplemental Authority
|
On Behalf Of |
Federal Insurance Company
|
|
Docket Date |
2023-02-14
|
Type |
Response
|
Subtype |
Response
|
Description |
Response ~ TO REQUESTS FOR OA
|
On Behalf Of |
Harold Peerenboom
|
|
Docket Date |
2023-01-31
|
Type |
Motions Relating to Oral Argument
|
Subtype |
Motion/Request for Oral Argument
|
Description |
Request for Oral Argument ~ **RESPONSE FILED 2/14/23**
|
On Behalf Of |
Harold Peerenboom
|
|
Docket Date |
2023-01-30
|
Type |
Motions Relating to Oral Argument
|
Subtype |
Motion/Request for Oral Argument
|
Description |
Request for Oral Argument ~ **RESPONSE FILED 2/14/23**
|
On Behalf Of |
Federal Insurance Company
|
|
Docket Date |
2023-01-27
|
Type |
Brief
|
Subtype |
Reply Brief
|
Description |
Appellant's Reply Brief
|
View |
View File
|
|
Docket Date |
2023-01-13
|
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 12, 2023 motion for extension of time is granted in part, and appellant shall serve the reply brief within fifteen (15) days from the date of this order. In addition, if the reply brief is served after the time provided for in this order, it may be stricken.
|
|
Docket Date |
2023-01-12
|
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 |
Federal Insurance Company
|
|
Docket Date |
2022-11-16
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
Description |
Order Granting EOT for Answer Brief ~ ORDERED that appellees’ November 15, 2022 motion for extension of time is granted, and appellees shall serve the answer brief on or before December 16, 2022. In addition, appellees are notified that the failure to serve the brief within the time provided herein may foreclose appellees’ right to file a brief or otherwise participate in this appeal.
|
|
Docket Date |
2022-11-15
|
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 |
Harold Peerenboom
|
|
Docket Date |
2022-10-14
|
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 |
Harold Peerenboom
|
|
Docket Date |
2022-10-07
|
Type |
Notice
|
Subtype |
Notice of Appearance
|
Description |
Notice of Appearance
|
On Behalf Of |
Harold Peerenboom
|
|
Docket Date |
2022-09-20
|
Type |
Order
|
Subtype |
Order on Motion to Accept Brief as Timely
|
Description |
Grant to Accept Brief Filed as Timely ~ ORDERED that appellant’s, William M. Douberley, Esq., September 19, 2022 motion to accept brief as timely is granted, and the amended initial brief is deemed timely filed as of the date of this order.
|
|
Docket Date |
2022-09-20
|
Type |
Brief
|
Subtype |
Amended Initial Brief
|
Description |
Amended Appellant's Initial Brief ~ WILLIAM MARVIN DOUBERLEY, ESQ.
|
View |
View File
|
|
Docket Date |
2022-09-19
|
Type |
Motions Relating to Briefs
|
Subtype |
Motion to Accept Brief as Timely
|
Description |
Motion To Accept Timely Brief
|
On Behalf Of |
Harold Peerenboom
|
|
Docket Date |
2022-09-19
|
Type |
Brief
|
Subtype |
Initial Brief
|
Description |
Initial Brief on Merits ~ **AMENDED IB FILED** WILLIAM MARVIN DOUBERLEY, ESQ
|
View |
View File
|
|
Docket Date |
2022-09-16
|
Type |
Brief
|
Subtype |
Initial Brief
|
Description |
Initial Brief on Merits ~ HAROLD PEERENBOOM
|
On Behalf Of |
Harold Peerenboom
|
View |
View File
|
|
Docket Date |
2022-08-30
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
Description |
Order Granting EOT for Initial Brief ~ ORDERED that appellants’ August 29, 2022 motion for extension of time is granted, and appellants shall serve the initial brief on or before September 16, 2022. 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 |
2022-08-29
|
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 |
Federal Insurance Company
|
|
Docket Date |
2022-08-24
|
Type |
Notice
|
Subtype |
Notice of Appearance
|
Description |
Notice of Appearance
|
On Behalf Of |
Harold Peerenboom
|
|
Docket Date |
2022-08-17
|
Type |
Record
|
Subtype |
Record on Appeal
|
Description |
Received Records ~ 12,808 PAGES
|
On Behalf Of |
Palm Beach Clerk
|
|
Docket Date |
2022-08-16
|
Type |
Order
|
Subtype |
Order
|
Description |
Miscellaneous Order ~ ORDERED that the clerk of the lower tribunal shall file the record on appeal, which was part of the relief granted in this court's July 11, 2022 order, within ten (10) days from the date of this order.
|
|
Docket Date |
2022-08-09
|
Type |
Notice
|
Subtype |
Notice of Appearance
|
Description |
Notice of Appearance
|
On Behalf Of |
Harold Peerenboom
|
|
Docket Date |
2022-08-05
|
Type |
Notice
|
Subtype |
Notice of Appearance
|
Description |
Notice of Appearance ~ **STRICKEN**
|
On Behalf Of |
Harold Peerenboom
|
|
Docket Date |
2022-07-26
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
Description |
Order Granting EOT for Initial Brief ~ ORDERED that appellants' July 22, 2022 motion for extension of time is granted, and appellants shall serve the initial brief within fifteen (15) days from receipt of the record on appeal. 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 |
2022-07-22
|
Type |
Order
|
Subtype |
Order Striking Filing
|
Description |
Stricken - Non-Compliance With R. 9.045 ~ ORDERED that appellants' July 21, 2022 motion for extension 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 |
2022-07-22
|
Type |
Motions Extensions
|
Subtype |
Motion for Extension of Time to Serve Initial Brief
|
Description |
Mot. for Extension of time to file Initial Brief
|
On Behalf Of |
Harold Peerenboom
|
|
Docket Date |
2022-07-21
|
Type |
Motions Extensions
|
Subtype |
Motion for Extension of Time to Serve Initial Brief
|
Description |
Mot. for Extension of time to file Initial Brief ~ ***STRICKEN**
|
On Behalf Of |
Harold Peerenboom
|
|
Docket Date |
2022-07-13
|
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 June 17, 2022 motion for extension of time filed in 4D22-1562 is granted, and appellant shall serve the initial brief on or before July 25, 2022. 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 |
2022-07-11
|
Type |
Order
|
Subtype |
Order
|
Description |
ORD-Sua Sponte ~ Upon consideration of appellants' July 1, 2022 response to the June 21, 2022 order to show cause, it is ORDERED that case numbers 4D22-1558, 4D22-1560, and 4D22-1562 are now consolidated for all purposes are to proceed under the time schedule for a nonfinal appeal and according to the requirements of Florida Rule of Appellate Procedure 9.130, and shall proceed under case number 4D22-1558. Further, ORDERED that appellants' procedural requests are granted in part save for the request to not require appellants to split/share time during oral argument, which is reserved.
|
|
Docket Date |
2022-07-01
|
Type |
Response
|
Subtype |
Response
|
Description |
Response ~ **Stricken**
|
On Behalf Of |
Harold Peerenboom
|
|
Docket Date |
2022-06-24
|
Type |
Notice
|
Subtype |
Notice of Appearance
|
Description |
Notice of Appearance
|
On Behalf Of |
Harold Peerenboom
|
|
Docket Date |
2022-06-23
|
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 June 22, 2022 motion for extension of time is granted, and appellant shall serve the initial brief on or before July 25, 2022. 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 |
2022-06-22
|
Type |
Motions Extensions
|
Subtype |
Motion for Extension of Time to Serve Initial Brief
|
Description |
Mot. for Extension of time to file Initial Brief
|
On Behalf Of |
Federal Insurance Company
|
|
Docket Date |
2022-06-22
|
Type |
Notice
|
Subtype |
Notice of Appearance
|
Description |
Notice of Appearance ~ AMENDED.
|
On Behalf Of |
Federal Insurance Company
|
|
Docket Date |
2022-06-21
|
Type |
Order
|
Subtype |
Order to Show Cause
|
Description |
Order to Show Cause ~ ORDERED that the parties are to show cause, within ten (10) days from the date of this order, as to why case numbers 4D22-1562, 4D22-1560 and 4D22-1558 should not be consolidated for all purposes.
|
|
Docket Date |
2022-06-09
|
Type |
Letter
|
Subtype |
Acknowledgment Letter
|
Description |
Acknowledgment Letter
|
|
Docket Date |
2022-06-09
|
Type |
Misc. Events
|
Subtype |
Case Filing Fee Paid through Portal
|
Description |
Case Filing Fee Paid Through Portal
|
On Behalf Of |
Federal Insurance Company
|
|
Docket Date |
2022-06-08
|
Type |
Misc. Events
|
Subtype |
Fee Status
|
Description |
FP:Fee Paid Through Portal
|
|
Docket Date |
2022-06-08
|
Type |
Notice
|
Subtype |
Notice of Appeal
|
Description |
Notice of Appeal Filed
|
On Behalf Of |
Federal Insurance Company
|
|
Docket Date |
2024-12-23
|
Type |
Supreme Court
|
Subtype |
Record Sent to Supreme Court
|
Description |
SC2024-0058 Record Sent to Supreme Court
|
|
Docket Date |
2023-12-13
|
Type |
Order
|
Subtype |
Order on Motion To Strike
|
Description |
Order on Motion To Strike
|
On Behalf Of |
Harold Peerenboom
|
View |
View File
|
|
Docket Date |
2023-12-13
|
Type |
Disposition by Opinion
|
Subtype |
Reversed
|
Description |
Reversed - En Banc On Motion for Certification and Sua Sponte Rehearing En Banc
|
View |
View File
|
|
Docket Date |
2023-01-30
|
Type |
Brief
|
Subtype |
Reply Brief
|
Description |
Appellant's Reply Brief ~ FEDERAL INSURANCE CO.
|
On Behalf Of |
Federal Insurance Company
|
View |
View File
|
|
Docket Date |
2022-12-16
|
Type |
Brief
|
Subtype |
Answer Brief
|
Description |
Appellee's Answer Brief
|
View |
View File
|
|
Docket Date |
2022-10-19
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
Description |
Order Granting EOT for Answer Brief ~ ORDERED that appellees’ October 14, 2022 motion for extension of time is granted, and appellees shall serve the answer brief on or before November 16, 2022. In addition, appellees are notified that the failure to serve the brief within the time provided herein may foreclose appellees’ right to file a brief or otherwise participate in this appeal.
|
|
Docket Date |
2022-08-08
|
Type |
Order
|
Subtype |
Order Striking Filing
|
Description |
Stricken - Non-Compliance With R. 9.045 ~ ORDERED that appellees’ August 5, 2022 notices of appearance are stricken as not in compliance with Florida Rule of Appellate Procedure 9.045, which became effective January 1, 2021, in that they are computer-generated documents which do 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.”). The notices are also stricken as not in compliance with Florida Rule of Appellate Procedure 9.420(d) in that there is no certificate of service or the certificate of service does not comply in substance with the requirements of Florida Rule of General Practice and Judicial Administration 2.516(f). An amended document shall be filed within two (2) days from the date of this order.
|
|
Docket Date |
2022-07-01
|
Type |
Order
|
Subtype |
Order Striking Filing
|
Description |
Stricken - Non-Compliance With R. 9.045 ~ ORDERED that appellant’s July 1, 2022 response 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 |
2022-06-09
|
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 required by the applicable rule of procedure and Section 35.22(2)(a), Florida Statutes (2021), 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.
|
|
|
HAROLD PEERENBOOM, Appellant(s) v. ISAAC ("IKE") PERLMUTTER, et al., Appellee(s).
|
4D2022-1562
|
2022-06-08
|
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
502013CA015257XXXX
|
Parties
Name |
Harold Peerenboom
|
Role |
Appellant
|
Status |
Active
|
Representations |
Jordan Scott Cohen, Manuel Kushner, Ethan Alexander Arthur
|
|
Name |
Roy Black
|
Role |
Appellee
|
Status |
Active
|
|
Name |
CHUBB & SON INC
|
Role |
Appellee
|
Status |
Active
|
|
Name |
Black, Srebnick, Kornspan & Stumpf, P.A.
|
Role |
Appellee
|
Status |
Active
|
|
Name |
Laura Perlmutter
|
Role |
Appellee
|
Status |
Active
|
|
Name |
Michael Bowen
|
Role |
Appellee
|
Status |
Active
|
|
Name |
Karen Donnely
|
Role |
Appellee
|
Status |
Active
|
|
Name |
William Marvin Douberley
|
Role |
Appellee
|
Status |
Active
|
|
Name |
DAVID SMITH LLC
|
Role |
Appellee
|
Status |
Active
|
|
Name |
FEDERAL INSURANCE COMPANY
|
Role |
Appellee
|
Status |
Active
|
|
Name |
Kasowitz Benson Torres, LLP
|
Role |
Appellee
|
Status |
Active
|
|
Name |
KAY-DEE SPORTSWEAR, INC.
|
Role |
Appellee
|
Status |
Active
|
|
Name |
Hon. Gerard Joseph Curley
|
Role |
Judge/Judicial Officer
|
Status |
Active
|
|
Name |
Palm Beach Clerk
|
Role |
Lower Tribunal Clerk
|
Status |
Active
|
|
Name |
Isaac ("Ike") Perlmutter
|
Role |
Appellee
|
Status |
Active
|
Representations |
John B. Rosenquest, Roy Black, Steven Mark Katzman, Pedro Luis Demahy, Joshua Evan Dubin, David J. Majcak, Helaina Bardunias, Daniel Michael Bachi, Rodney J. Janis, Kenneth Russell Drake, Paul Morris, David V King, Jared Michael Lopez
|
|
Docket Entries
Docket Date |
2023-11-01
|
Type |
Response
|
Subtype |
Response
|
Description |
Response to Joint Motion to Strike
|
|
Docket Date |
2024-12-03
|
Type |
Supreme Court
|
Subtype |
Supreme Court Briefing Scheduled
|
Description |
SC2024-0058 Supreme Court Briefing Scheduled
|
|
Docket Date |
2024-01-12
|
Type |
Supreme Court
|
Subtype |
Acknowledged Receipt from Supreme Court
|
Description |
Acknowledged Receipt from Supreme Court
|
|
Docket Date |
2024-01-11
|
Type |
Supreme Court
|
Subtype |
Review Sent to Supreme Court
|
Description |
Review Sent to Supreme Court
|
|
Docket Date |
2024-01-10
|
Type |
Supreme Court
|
Subtype |
Notice to Invok. Disc. Jur. FSC
|
Description |
Notice to Invoke Discretionary Jurisdiction to Florida Supreme Court
|
On Behalf Of |
Isaac ("Ike") Perlmutter
|
|
Docket Date |
2024-01-03
|
Type |
Misc. Events
|
Subtype |
West Publishing
|
Description |
West Publishing
|
|
Docket Date |
2024-01-03
|
Type |
Mandate
|
Subtype |
Mandate
|
Description |
Mandate
|
View |
View File
|
|
Docket Date |
2023-12-29
|
Type |
Notice
|
Subtype |
Notice of Appearance
|
Description |
Notice of Appearance
|
|
Docket Date |
2023-12-13
|
Type |
Order
|
Subtype |
Order on Motion To Strike
|
Description |
Order on Motion To Strike
|
On Behalf Of |
Harold Peerenboom
|
View |
View File
|
|
Docket Date |
2023-12-13
|
Type |
Disposition by Opinion
|
Subtype |
Reversed
|
Description |
Reversed - En Banc On Motion for Certification and Sua Sponte Rehearing En Banc
|
View |
View File
|
|
Docket Date |
2023-12-05
|
Type |
Order
|
Subtype |
Order on Motion/Request for Oral Argument
|
Description |
Order on Motion/Request for Oral Argument
|
On Behalf Of |
Isaac ("Ike") Perlmutter
|
View |
View File
|
|
Docket Date |
2023-12-01
|
Type |
Motions Other
|
Subtype |
Miscellaneous Motion
|
Description |
Motion to Allow Oral Argument and Supplemental Briefing to Enhance the Court's En Banc Review
|
|
Docket Date |
2023-11-30
|
Type |
Order
|
Subtype |
Case to be Determined En Banc
|
Description |
Case to be Determined En Banc
|
View |
View File
|
|
Docket Date |
2023-10-30
|
Type |
Response
|
Subtype |
Response
|
Description |
Response in Opposition to Motion for Certification of Conflict & A Question of Great Public Importance
|
On Behalf Of |
Federal Insurance Company
|
View |
View File
|
|
Docket Date |
2023-10-25
|
Type |
Record
|
Subtype |
Supplemental Appendix
|
Description |
Supplement to Motion for Certification of Conflict with Second DCA and Fifth DCA
|
|
Docket Date |
2023-10-30
|
Type |
Notice
|
Subtype |
Notice of Appearance
|
Description |
Notice of Appearance
|
On Behalf Of |
Federal Insurance Company
|
|
Docket Date |
2023-10-27
|
Type |
Motions Other
|
Subtype |
Motion To Strike
|
Description |
Motion To Strike
|
|
Docket Date |
2023-10-25
|
Type |
Notice
|
Subtype |
Notice of Related Case or Issue
|
Description |
Notice of Related Case or Issue
|
On Behalf Of |
Isaac ("Ike") Perlmutter
|
|
Docket Date |
2023-10-20
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time to File Response
|
Description |
Order on Motion for Extension of Time to File Response
|
View |
View File
|
|
Docket Date |
2023-10-19
|
Type |
Motions Extensions
|
Subtype |
Motion for Extension of Time to File Response
|
Description |
Motion for Extension of Time to File Response
|
|
Docket Date |
2023-10-06
|
Type |
Motions Other
|
Subtype |
Miscellaneous Motion
|
Description |
Motion for Certification of Conflict with Second DCA and Fifth DCA. . .
|
View |
View File
|
|
Docket Date |
2023-09-27
|
Type |
Order
|
Subtype |
Order on Motion/Request for Oral Argument
|
Description |
Order on Motion/Request for Oral Argument
|
View |
View File
|
|
Docket Date |
2023-09-27
|
Type |
Disposition by Opinion
|
Subtype |
Reversed
|
Description |
**WITHDRAWN** See 12-13-2023 Opinion - Reversed
|
View |
View File
|
|
Docket Date |
2023-08-17
|
Type |
Notice
|
Subtype |
Notice of Supplemental Authority
|
Description |
Notice of Supplemental Authority
|
On Behalf Of |
Harold Peerenboom
|
|
Docket Date |
2023-08-15
|
Type |
Notice
|
Subtype |
Notice of Supplemental Authority
|
Description |
Notice of Supplemental Authority
|
On Behalf Of |
Harold Peerenboom
|
|
Docket Date |
2023-06-09
|
Type |
Notice
|
Subtype |
Notice of Supplemental Authority
|
Description |
Notice of Supplemental Authority
|
On Behalf Of |
Harold Peerenboom
|
|
Docket Date |
2023-06-02
|
Type |
Notice
|
Subtype |
Notice of Supplemental Authority
|
Description |
Notice of Supplemental Authority
|
On Behalf Of |
Harold Peerenboom
|
|
Docket Date |
2023-05-23
|
Type |
Notice
|
Subtype |
Notice of Joinder in Filing
|
Description |
Notice of Joinder ~ IN NOTICES OF SUPPLEMENTAL AUTHORITY
|
On Behalf Of |
Harold Peerenboom
|
|
Docket Date |
2023-05-19
|
Type |
Notice
|
Subtype |
Notice of Supplemental Authority
|
Description |
Notice of Supplemental Authority
|
On Behalf Of |
Federal Insurance Company
|
|
Docket Date |
2023-05-09
|
Type |
Notice
|
Subtype |
Notice of Supplemental Authority
|
Description |
Notice of Supplemental Authority
|
On Behalf Of |
Harold Peerenboom
|
|
Docket Date |
2023-04-27
|
Type |
Notice
|
Subtype |
Notice of Supplemental Authority
|
Description |
Notice of Supplemental Authority
|
On Behalf Of |
Federal Insurance Company
|
|
Docket Date |
2023-02-14
|
Type |
Response
|
Subtype |
Response
|
Description |
Response ~ TO REQUESTS FOR OA
|
On Behalf Of |
Harold Peerenboom
|
|
Docket Date |
2023-01-31
|
Type |
Motions Relating to Oral Argument
|
Subtype |
Motion/Request for Oral Argument
|
Description |
Request for Oral Argument ~ **RESPONSE FILED 2/14/23**
|
On Behalf Of |
Harold Peerenboom
|
|
Docket Date |
2023-01-30
|
Type |
Brief
|
Subtype |
Reply Brief
|
Description |
Appellant's Reply Brief ~ HAROLD PEERENBOOM
|
On Behalf Of |
Harold Peerenboom
|
|
Docket Date |
2023-01-30
|
Type |
Motions Relating to Oral Argument
|
Subtype |
Motion/Request for Oral Argument
|
Description |
Request for Oral Argument ~ **RESPONSE FILED 2/14/23**
|
On Behalf Of |
Federal Insurance Company
|
|
Docket Date |
2023-01-27
|
Type |
Motions Relating to Oral Argument
|
Subtype |
Motion/Request for Oral Argument
|
Description |
Request for Oral Argument ~ **RESPONSE FILED 2/14/23**
|
On Behalf Of |
Harold Peerenboom
|
|
Docket Date |
2023-01-27
|
Type |
Brief
|
Subtype |
Reply Brief
|
Description |
Appellant's Reply Brief
|
On Behalf Of |
Harold Peerenboom
|
|
Docket Date |
2023-01-12
|
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 |
Federal Insurance Company
|
|
Docket Date |
2022-12-16
|
Type |
Brief
|
Subtype |
Answer Brief
|
Description |
Appellee's Answer Brief
|
On Behalf Of |
Harold Peerenboom
|
|
Docket Date |
2022-11-16
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
Description |
Order Granting EOT for Answer Brief ~ ORDERED that appellees’ November 15, 2022 motion for extension of time is granted, and appellees shall serve the answer brief on or before December 16, 2022. In addition, appellees are notified that the failure to serve the brief within the time provided herein may foreclose appellees’ right to file a brief or otherwise participate in this appeal.
|
|
Docket Date |
2022-11-15
|
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 |
Harold Peerenboom
|
|
Docket Date |
2022-10-19
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
Description |
Order Granting EOT for Answer Brief ~ ORDERED that appellees’ October 14, 2022 motion for extension of time is granted, and appellees shall serve the answer brief on or before November 16, 2022. In addition, appellees are notified that the failure to serve the brief within the time provided herein may foreclose appellees’ right to file a brief or otherwise participate in this appeal.
|
|
Docket Date |
2022-10-14
|
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 |
Harold Peerenboom
|
|
Docket Date |
2022-10-07
|
Type |
Notice
|
Subtype |
Notice of Appearance
|
Description |
Notice of Appearance
|
On Behalf Of |
Harold Peerenboom
|
|
Docket Date |
2022-09-20
|
Type |
Order
|
Subtype |
Order on Motion to Accept Brief as Timely
|
Description |
Grant to Accept Brief Filed as Timely ~ ORDERED that appellant’s, William M. Douberley, Esq., September 19, 2022 motion to accept brief as timely is granted, and the amended initial brief is deemed timely filed as of the date of this order.
|
|
Docket Date |
2022-09-20
|
Type |
Brief
|
Subtype |
Amended Initial Brief
|
Description |
Amended Appellant's Initial Brief ~ WILLIAM MARVIN DOUBERLEY, ESQ.
|
On Behalf Of |
Harold Peerenboom
|
|
Docket Date |
2022-09-19
|
Type |
Brief
|
Subtype |
Initial Brief
|
Description |
Initial Brief on Merits ~ **AMENDED IB FILED** WILLIAM MARVIN DOUBERLEY, ESQ
|
On Behalf Of |
Harold Peerenboom
|
|
Docket Date |
2022-09-19
|
Type |
Motions Relating to Briefs
|
Subtype |
Motion to Accept Brief as Timely
|
Description |
Motion To Accept Timely Brief
|
On Behalf Of |
Harold Peerenboom
|
|
Docket Date |
2022-09-16
|
Type |
Brief
|
Subtype |
Initial Brief
|
Description |
Initial Brief on Merits ~ HAROLD PEERENBOOM
|
On Behalf Of |
Harold Peerenboom
|
|
Docket Date |
2022-08-31
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
Description |
Order Granting EOT for Initial Brief ~ ORDERED that appellants’ August 29, 2022 motion for extension of time is granted, and appellants shall serve the initial brief on or before September 16, 2022. 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 |
2022-08-29
|
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 |
Federal Insurance Company
|
|
Docket Date |
2022-08-24
|
Type |
Notice
|
Subtype |
Notice of Appearance
|
Description |
Notice of Appearance
|
On Behalf Of |
Harold Peerenboom
|
|
Docket Date |
2022-08-17
|
Type |
Record
|
Subtype |
Record on Appeal
|
Description |
Received Records ~ 12,808 PAGES
|
On Behalf Of |
Palm Beach Clerk
|
|
Docket Date |
2022-08-16
|
Type |
Order
|
Subtype |
Order
|
Description |
Miscellaneous Order ~ ORDERED that the clerk of the lower tribunal shall file the record on appeal, which was part of the relief granted in this court's July 11, 2022 order, within ten (10) days from the date of this order.
|
|
Docket Date |
2022-08-09
|
Type |
Notice
|
Subtype |
Notice of Appearance
|
Description |
Notice of Appearance
|
On Behalf Of |
Harold Peerenboom
|
|
Docket Date |
2022-08-08
|
Type |
Order
|
Subtype |
Order Striking Filing
|
Description |
Stricken - Non-Compliance With R. 9.045 ~ ORDERED that appellees’ August 5, 2022 notices of appearance are stricken as not in compliance with Florida Rule of Appellate Procedure 9.045, which became effective January 1, 2021, in that they are computer-generated documents which do 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.”). The notices are also stricken as not in compliance with Florida Rule of Appellate Procedure 9.420(d) in that there is no certificate of service or the certificate of service does not comply in substance with the requirements of Florida Rule of General Practice and Judicial Administration 2.516(f). An amended document shall be filed within two (2) days from the date of this order.
|
|
Docket Date |
2022-08-05
|
Type |
Notice
|
Subtype |
Notice of Appearance
|
Description |
Notice of Appearance ~ **STRICKEN**
|
On Behalf Of |
Harold Peerenboom
|
|
Docket Date |
2022-07-22
|
Type |
Motions Extensions
|
Subtype |
Motion for Extension of Time to Serve Initial Brief
|
Description |
Mot. for Extension of time to file Initial Brief
|
On Behalf Of |
Harold Peerenboom
|
|
Docket Date |
2022-07-21
|
Type |
Motions Extensions
|
Subtype |
Motion for Extension of Time to Serve Initial Brief
|
Description |
Mot. for Extension of time to file Initial Brief ~ ***STRICKEN**
|
On Behalf Of |
Harold Peerenboom
|
|
Docket Date |
2022-07-13
|
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 June 17, 2022 motion for extension of time filed in 4D22-1562 is granted, and appellant shall serve the initial brief on or before July 25, 2022. 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 |
2022-07-11
|
Type |
Order
|
Subtype |
Order
|
Description |
ORD-Sua Sponte ~ Upon consideration of appellants' July 1, 2022 response to the June 21, 2022 order to show cause, it is ORDERED that case numbers 4D22-1558, 4D22-1560, and 4D22-1562 are now consolidated for all purposes are to proceed under the time schedule for a nonfinal appeal and according to the requirements of Florida Rule of Appellate Procedure 9.130, and shall proceed under case number 4D22-1558. Further, ORDERED that appellants' procedural requests are granted in part save for the request to not require appellants to split/share time during oral argument, which is reserved.
|
|
Docket Date |
2022-07-01
|
Type |
Response
|
Subtype |
Response
|
Description |
Response ~ **Stricken**
|
On Behalf Of |
Isaac ("Ike") Perlmutter
|
|
Docket Date |
2022-07-01
|
Type |
Order
|
Subtype |
Order Striking Filing
|
Description |
Stricken - Non-Compliance With R. 9.045 ~ ORDERED that appellant’s July 1, 2022 response 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 |
2022-06-21
|
Type |
Order
|
Subtype |
Order to Show Cause
|
Description |
Order to Show Cause ~ ORDERED that the parties are to show cause, within ten (10) days from the date of this order, as to why case numbers 4D22-1562, 4D22-1560 and 4D22-1558 should not be consolidated for all purposes.
|
|
Docket Date |
2022-06-17
|
Type |
Notice
|
Subtype |
Notice of Appearance
|
Description |
Notice of Appearance
|
On Behalf Of |
Isaac ("Ike") Perlmutter
|
|
Docket Date |
2022-06-17
|
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 |
Harold Peerenboom
|
|
Docket Date |
2022-06-14
|
Type |
Notice
|
Subtype |
Notice of Related Case or Issue
|
Description |
Notice of Similar Case Pending ~ 4D22-1560, 4D22-1558, 4D21-3070, 4D21-3077
|
On Behalf Of |
Harold Peerenboom
|
|
Docket Date |
2022-06-09
|
Type |
Letter
|
Subtype |
Acknowledgment Letter
|
Description |
Acknowledgment Letter
|
|
Docket Date |
2022-06-09
|
Type |
Misc. Events
|
Subtype |
Case Filing Fee Paid through Portal
|
Description |
Case Filing Fee Paid Through Portal
|
On Behalf Of |
Harold Peerenboom
|
|
Docket Date |
2022-06-08
|
Type |
Notice
|
Subtype |
Notice of Appeal
|
Description |
Notice of Appeal Filed
|
On Behalf Of |
Harold Peerenboom
|
|
Docket Date |
2022-06-08
|
Type |
Misc. Events
|
Subtype |
Fee Status
|
Description |
FP:Fee Paid Through Portal
|
|
Docket Date |
2024-12-23
|
Type |
Supreme Court
|
Subtype |
Record Sent to Supreme Court
|
Description |
SC2024-0058 Record Sent to Supreme Court
|
|
Docket Date |
2023-01-13
|
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 12, 2023 motion for extension of time is granted in part, and appellant shall serve the reply brief within fifteen (15) days from the date of this order. In addition, if the reply brief is served after the time provided for in this order, it may be stricken.
|
|
Docket Date |
2022-06-09
|
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 required by the applicable rule of procedure and Section 35.22(2)(a), Florida Statutes (2021), 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.
|
|
|
FEDERAL INSURANCE COMPANY VS FERN PORTNOY and ROGER GOODMAN
|
4D2018-1319
|
2018-04-30
|
Closed
|
|
Classification |
Original Proceedings - Circuit Civil - Certiorari
|
Court |
4th District Court of Appeal
|
Originating Court |
Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County
502017CA010543MB
|
Parties
Name |
FEDERAL INSURANCE COMPANY
|
Role |
Petitioner
|
Status |
Active
|
Representations |
Anthony Dimatteo, Elaine D. Walter
|
|
Name |
FERN PORTNOY
|
Role |
Respondent
|
Status |
Active
|
Representations |
CHRISTOPHER MASON LARMOYEUX
|
|
Name |
ROGER GOODMAN
|
Role |
Respondent
|
Status |
Active
|
|
Name |
Hon. Gerard Joseph Curley
|
Role |
Judge/Judicial Officer
|
Status |
Active
|
|
Name |
Clerk - Palm Beach
|
Role |
Lower Tribunal Clerk
|
Status |
Active
|
|
Docket Entries
Docket Date |
2018-04-30
|
Type |
Petition
|
Subtype |
Petition Certiorari
|
Description |
Petition for Certiorari Filed
|
On Behalf Of |
Federal Insurance Company
|
|
Docket Date |
2018-05-15
|
Type |
Disposition by Order
|
Subtype |
Dismissed
|
Description |
Order-Original Proceeding Dismissed ~ ORDERED that the petition for writ of certiorari is dismissed for failure to establish irreparable harm. See Williams v. Oken, 62 So. 3d 1129, 1132 (Fla. 2011); Bared & Co., Inc. v. McGuire, 670 So. 2d 153 (Fla. 4th DCA 1996).WARNER, GROSS and TAYLOR, JJ., concur.
|
|
Docket Date |
2018-05-15
|
Type |
Disposition
|
Subtype |
Dismissed
|
Description |
Dismissed - Order by Judge
|
|
Docket Date |
2018-05-01
|
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 |
2018-05-01
|
Type |
Letter
|
Subtype |
Acknowledgment Letter
|
Description |
Writ of Certiorari / Acknowledgment letter
|
|
Docket Date |
2018-04-30
|
Type |
Misc. Events
|
Subtype |
Fee Status
|
Description |
A3:Paid In Full - $300
|
|
Docket Date |
2018-04-30
|
Type |
Record
|
Subtype |
Appendix to Petition
|
Description |
Appendix to Petition
|
On Behalf Of |
Federal Insurance Company
|
|
|
LIBERTY MUTUAL INSURANCE COMPANY, FIDELITY AND DEPOSIT COMPANY OF MARYLAND, TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA AND FEDERAL INSURANCE COMPANY VS EDEN SITE DEVELOPMENT, INC.
|
5D2017-3312
|
2017-10-24
|
Closed
|
|
Classification |
NOA Final - Circuit Civil - Other
|
Court |
5th District Court of Appeal
|
Originating Court |
Circuit Court for the Ninth Judicial Circuit, Orange County
2016-CA-477-O
|
Parties
Docket Entries
Docket Date |
2018-04-03
|
Type |
Record
|
Subtype |
Returned Records
|
Description |
Returned Records ~ NO RECORD EFILED
|
|
Docket Date |
2018-04-03
|
Type |
Mandate
|
Subtype |
Notice Memorandum
|
Description |
Notice Memorandum
|
|
Docket Date |
2018-03-15
|
Type |
Disposition
|
Subtype |
Dismissed
|
Description |
Dismissed - Order by Clerk
|
|
Docket Date |
2018-03-15
|
Type |
Order
|
Subtype |
Order on Motion/Notice Voluntary Dismissal (non-dispositive)
|
Description |
Order Granting Voluntary Dismissal
|
|
Docket Date |
2018-03-14
|
Type |
Motions Other
|
Subtype |
Motion/Notice Voluntary Dismissal
|
Description |
Notice of Voluntary Dismissal
|
On Behalf Of |
Liberty Mutual Insurance Company
|
|
Docket Date |
2018-02-06
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time
|
Description |
Order Grant EOT ~ RELINQ PERIOD EXTENDED TO 4/24.
|
|
Docket Date |
2018-01-26
|
Type |
Motions Extensions
|
Subtype |
Motion for Extension of Time
|
Description |
Motion for Extension of Time ~ FOR RELINQUISHMENT OF JURISDICTION
|
On Behalf Of |
Liberty Mutual Insurance Company
|
|
Docket Date |
2018-01-11
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time
|
Description |
Order Grant EOT ~ RELINQ PERIOD EXTENDED TO 3/12
|
|
Docket Date |
2018-01-11
|
Type |
Motions Extensions
|
Subtype |
Motion for Extension of Time
|
Description |
Motion for Extension of Time ~ FOR RELINQ OF JURISIDICTION
|
On Behalf Of |
Liberty Mutual Insurance Company
|
|
Docket Date |
2018-01-09
|
Type |
Notice
|
Subtype |
Notice of Appearance
|
Description |
Notice of Appearance
|
On Behalf Of |
Liberty Mutual Insurance Company
|
|
Docket Date |
2017-12-04
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time
|
Description |
Order Grant EOT ~ TO 2/5/18
|
|
Docket Date |
2017-12-01
|
Type |
Motions Extensions
|
Subtype |
Motion for Extension of Time
|
Description |
Motion for Extension of Time ~ FOR RELINQ OF JURISDICTION
|
On Behalf Of |
Liberty Mutual Insurance Company
|
|
Docket Date |
2017-11-07
|
Type |
Order
|
Subtype |
Order Relinquishing Jurisdiction
|
Description |
Jurisdiction Relinquished ~ 60 DYS FOR AA TO OBTAIN FINAL ORDER. AA TO FILE STATUS RPT.
|
|
Docket Date |
2017-11-03
|
Type |
Motions Other
|
Subtype |
Motion To Relinquish Jurisdiction
|
Description |
Motion To Relinquish Jurisdiction
|
On Behalf Of |
Liberty Mutual Insurance Company
|
|
Docket Date |
2017-11-01
|
Type |
Order
|
Subtype |
Order to Show Cause
|
Description |
Order to Show Cause ~ AA W/IN 10 DAYS
|
|
Docket Date |
2017-10-25
|
Type |
Notice
|
Subtype |
Notice of Appearance
|
Description |
Notice of Appearance
|
On Behalf Of |
Liberty Mutual Insurance Company
|
|
Docket Date |
2017-10-24
|
Type |
Order
|
Subtype |
Mediation Letter to LT
|
Description |
Mediation Letter to L.T.
|
|
Docket Date |
2017-10-24
|
Type |
Misc. Events
|
Subtype |
Fee Status
|
Description |
A3:Paid In Full - $300
|
|
Docket Date |
2017-10-24
|
Type |
Notice
|
Subtype |
Notice of Appeal
|
Description |
Notice of Appeal Filed ~ FILED BELOW 10/18/17
|
On Behalf Of |
Liberty Mutual Insurance Company
|
|
Docket Date |
2017-10-24
|
Type |
Letter
|
Subtype |
Acknowledgment Letter
|
Description |
Acknowledgement Letter 1
|
|
|
FEDERAL INSURANCE CO. VS DONOVAN INDUSTRIES, INC. et al.,
|
2D2010-5767
|
2010-11-29
|
Closed
|
|
Classification |
NOA Non Final - Circuit Civil - Other
|
Court |
2nd District Court of Appeal
|
Originating Court |
Circuit Court for the Thirteenth Judicial Circuit, Hillsborough County
09-23236
|
Parties
Name |
FEDERAL INSURANCE COMPANY
|
Role |
Appellant
|
Status |
Active
|
Representations |
RAQUEL M. FERNANDEZ, ESQ., WILLIAM P. SHELLEY, ESQ., ANDREA CORTLAND, ESQ.
|
|
Name |
DONOVAN INDUSTRIES, INC.
|
Role |
Appellee
|
Status |
Active
|
Representations |
Robert John Winicki, Esq., TIMOTHY N. BENCH, ESQ.
|
|
Name |
DAVID C. CAROTHERS
|
Role |
Appellee
|
Status |
Active
|
|
Name |
BALDWIN-CONNELLY GROUP, INC.
|
Role |
Appellee
|
Status |
Active
|
|
Name |
HILLSBOROUGH CLERK
|
Role |
Lower Tribunal Clerk
|
Status |
Active
|
|
Docket Entries
Docket Date |
2014-06-17
|
Type |
Misc. Events
|
Subtype |
Case Destroyed
|
Description |
Case Destroyed
|
|
Docket Date |
2011-12-29
|
Type |
Misc. Events
|
Subtype |
West Publishing
|
Description |
West Publishing
|
|
Docket Date |
2011-12-29
|
Type |
Mandate
|
Subtype |
Mandate
|
Description |
Mandate
|
|
Docket Date |
2011-12-07
|
Type |
Order
|
Subtype |
Order on Motion For Attorney's Fees
|
Description |
Attorneys Fees/Deny/Appellee
|
|
Docket Date |
2011-12-07
|
Type |
Disposition by Opinion
|
Subtype |
Reversed
|
Description |
Reversed - Authored Opinion ~ and remanded for proceedings consistent with this opinion.
|
|
Docket Date |
2011-02-01
|
Type |
Response
|
Subtype |
Objection
|
Description |
OBJECTION ~ TO AA'S MOTION FOR ATTORNEY'S FEES AGAINST AE
|
On Behalf Of |
DONOVAN INDUSTRIES, INC.
|
|
Docket Date |
2011-01-24
|
Type |
Brief
|
Subtype |
Reply Brief
|
Description |
Appellant Reply Brief ~ EMAILED 01/24/11
|
On Behalf Of |
Federal Insurance Company
|
|
Docket Date |
2011-01-20
|
Type |
Motions Relating to Attorney Fees/Costs
|
Subtype |
Motion For Attorney's Fees
|
Description |
Motion For Attorney's Fees
|
On Behalf Of |
Federal Insurance Company
|
|
Docket Date |
2011-01-03
|
Type |
Motions Relating to Attorney Fees/Costs
|
Subtype |
Motion For Attorney's Fees
|
Description |
Motion For Attorney's Fees
|
On Behalf Of |
DONOVAN INDUSTRIES, INC.
|
|
Docket Date |
2011-01-03
|
Type |
Brief
|
Subtype |
Answer Brief
|
Description |
Appellee Answer Brief w/Appendix ~ EMAILED 01/03/11
|
On Behalf Of |
DONOVAN INDUSTRIES, INC.
|
|
Docket Date |
2010-12-23
|
Type |
Order
|
Subtype |
Order on Miscellaneous Motion
|
Description |
Grant Miscellaneous Motion-79 ~ to have judgment reviewed
|
|
Docket Date |
2010-12-20
|
Type |
Response
|
Subtype |
Response
|
Description |
RESPONSE ~ Response to court order dated 12-10-10.
|
On Behalf Of |
DONOVAN INDUSTRIES, INC.
|
|
Docket Date |
2010-12-13
|
Type |
Motions Relating to Oral Argument
|
Subtype |
Motion/Request for Oral Argument
|
Description |
Request for Oral Argument ~ AA Raquel M. Fernandez, Esq. 55069
|
|
Docket Date |
2010-12-10
|
Type |
Order
|
Subtype |
Order on Motion to Appear Pro Hac Vice
|
Description |
grant pro hac vice and $100 fee ~ Attorney Cortland
|
|
Docket Date |
2010-12-10
|
Type |
Brief
|
Subtype |
Initial Brief
|
Description |
Appellant Initial Brief w/Appendix ~ EMAILED 12/10/10
|
On Behalf Of |
Federal Insurance Company
|
|
Docket Date |
2010-11-29
|
Type |
Notice
|
Subtype |
Notice of Appeal
|
Description |
Notice of Appeal Filed
|
On Behalf Of |
Federal Insurance Company
|
|
Docket Date |
2010-12-09
|
Type |
Motions Other
|
Subtype |
Motion For Review
|
Description |
Motion For Review
|
On Behalf Of |
Federal Insurance Company
|
|
Docket Date |
2010-12-08
|
Type |
Motions Relating to Parties and Counsel
|
Subtype |
Motion to Appear Pro Hac Vice
|
Description |
Motion For Leave To Appear as Foreign Counsel ~ MP HAS $100 FILING FEE
|
On Behalf Of |
Federal Insurance Company
|
|
Docket Date |
2010-11-29
|
Type |
Misc. Events
|
Subtype |
Fee Status
|
Description |
A3:Paid In Full - $300
|
|
|