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The Goodyear Tire and Rubber/Liberty Mutual Insurance Company, Appellant(s) v. Raul Abad, Appellee(s).
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1D2023-2525
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2023-10-05
|
Closed
|
|
| Classification |
NOA Final - Workers Compensation - Workers Compensation
|
| Court |
1st District Court of Appeal
|
| Originating Court |
Office of the Judges of Compensation Claims
22-024002IF
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Parties
| Name |
The Goodyear Tire and Rubber
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Rosalind Milian
|
|
| Name |
LIBERTY MUTUAL INSURANCE COMPANY
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Rosalind Milian
|
|
| Name |
Iliana Forte
|
| Role |
Judge of Compensation Claims
|
| Status |
Active
|
|
| Name |
David W. Langham
|
| Role |
Judge of Compensation Claims
|
| Status |
Active
|
|
| Name |
Julie Hunsaker WC
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
| Name |
Raul Abad
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Angel Garcia, Jessika X. Lorie, Mark Lawrence Zientz, Michael Jason Winer
|
|
Docket Entries
| Docket Date |
2023-10-05
|
| Type |
Misc. Events
|
| Subtype |
Order Appealed
|
| Description |
Order Appealed
|
| On Behalf Of |
Liberty Mutual Insurance Company
|
|
| Docket Date |
2023-10-05
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal-Set up as styled
|
| On Behalf Of |
Liberty Mutual Insurance Company
|
|
| Docket Date |
2024-04-18
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Reply Brief
|
| On Behalf Of |
The Goodyear Tire and Rubber
|
|
| Docket Date |
2024-03-20
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Answer Brief
|
| On Behalf Of |
Raul Abad
|
|
| Docket Date |
2024-03-06
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
| Description |
Order on Motion for Extension of Time to Serve Answer Brief
|
| View |
View File
|
|
| Docket Date |
2024-02-26
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Answer Brief
|
| Description |
Motion for Extension of Time to Serve Answer Brief
|
| On Behalf Of |
Raul Abad
|
|
| Docket Date |
2024-02-07
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
|
| On Behalf Of |
Raul Abad
|
|
| Docket Date |
2024-02-07
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Raul Abad
|
|
| Docket Date |
2024-01-26
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief
|
| On Behalf Of |
Liberty Mutual Insurance Company
|
|
| Docket Date |
2024-01-26
|
| Type |
Miscellaneous Document
|
| Subtype |
Certificate of Service (Amended)
|
| Description |
Certificate of Service (Amended)-regarding IB
|
| On Behalf Of |
Liberty Mutual Insurance Company
|
| View |
View File
|
|
| Docket Date |
2024-01-02
|
| Type |
Record
|
| Subtype |
Record on Appeal Redacted
|
| Description |
Record on Appeal Redacted - 910 pages
|
|
| Docket Date |
2023-11-29
|
| Type |
Misc. Events
|
| Subtype |
Miscellaneous Trial Court Order
|
| Description |
Order granting extension of time to prepare record on appeal
|
| On Behalf Of |
Iliana Forte
|
|
| Docket Date |
2023-10-19
|
| Type |
Event
|
| Subtype |
Fee Satisfied
|
| Description |
Fee Satisfied
|
|
| Docket Date |
2023-10-16
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Liberty Mutual Insurance Company
|
|
| Docket Date |
2023-10-16
|
| Type |
Misc. Events
|
| Subtype |
Docketing Statement
|
| Description |
Docketing Statement
|
| On Behalf Of |
Liberty Mutual Insurance Company
|
|
| Docket Date |
2023-10-11
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
Order on Filing Fee
|
| View |
View File
|
|
| Docket Date |
2023-10-05
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| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
| View |
View File
|
|
| Docket Date |
2025-01-08
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| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2025-01-08
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
| View |
View File
|
|
| Docket Date |
2024-12-20
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| Type |
Order
|
| Subtype |
Order on Motion For Attorney's Fees
|
| Description |
Order on Motion For Attorney's Fees
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| View |
View File
|
|
| Docket Date |
2024-12-20
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| Type |
Disposition by PCA
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| Subtype |
Affirmed
|
| Description |
Affirmed
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| View |
View File
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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
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2023-08-10
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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
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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
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| Type |
Motions Other
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| Subtype |
Motion/Notice Voluntary Dismissal
|
| Description |
Joint Stipulation of Dismissal
|
|
| Docket Date |
2024-10-01
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| 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
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| Type |
Order
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| Subtype |
Amended/Additional Filing(s) Needed
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| 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
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|
| Docket Date |
2024-09-24
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| Type |
Motions Other
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| Subtype |
Motion To Stay
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| Description |
JOINT MOTION TO STAY APPEAL PENDING
COMPLETION OF SETTLEMENT
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| On Behalf Of |
Cleveland Construction, Inc.
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|
| Docket Date |
2024-09-19
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| Type |
Order
|
| Subtype |
Order Dispensing with Oral Argument
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| 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
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| Docket Date |
2024-07-23
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| Type |
Motions Relating to Oral Argument
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| Subtype |
Motion/Request for Oral Argument
|
| Description |
Motion/Request for Oral Argument
|
|
| Docket Date |
2024-07-22
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| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
|
|
| Docket Date |
2024-07-22
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| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Reply Brief
|
| On Behalf Of |
Cleveland Construction, Inc.
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| View |
View File
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|
| Docket Date |
2024-06-11
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| Type |
Recognizing Agreed Extension
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| Subtype |
Reply Brief
|
| Description |
15 Days to 07/23/2024
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|
| Docket Date |
2024-06-11
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| 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
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| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Answer Brief
|
| On Behalf Of |
James A. Cummings, Inc.
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| View |
View File
|
|
| Docket Date |
2024-05-15
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| Type |
Order
|
| Subtype |
Order on Motion to Appear Pro Hac Vice
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| 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
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| Type |
Miscellaneous Document
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| Subtype |
Pay Pro Hac Vice Fee-100
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| Description |
Paid Pro Hac Vice Fee-100
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| On Behalf Of |
James A. Cummings, Inc.
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| View |
View File
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| Docket Date |
2024-05-14
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| Type |
Order
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| Subtype |
Order on Filing Fee
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| 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
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|
| Docket Date |
2024-05-09
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| 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.
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|
| Docket Date |
2024-05-06
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| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
Order Striking Filing
|
| View |
View File
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|
| Docket Date |
2024-05-02
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| 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
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| Type |
Notice
|
| Subtype |
Notice of Electronic Transmission
|
| Description |
*AMENDED* Notice of Electronic Transmission
|
| On Behalf Of |
Clerk - Broward
|
|
| Docket Date |
2024-04-23
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| Type |
Record
|
| Subtype |
Exhibits
|
| Description |
See Notice of Electronic Transmission
|
|
| Docket Date |
2024-04-19
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| Type |
Notice
|
| Subtype |
Notice of Electronic Transmission
|
| Description |
Notice of Electronic Transmission
|
| On Behalf Of |
Clerk - Broward
|
|
| Docket Date |
2024-02-10
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| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief
|
| On Behalf Of |
Cleveland Construction, Inc.
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| View |
View File
|
|
| Docket Date |
2024-02-02
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| 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.
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|
| 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
|
|
| Docket Date |
2024-01-05
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| 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
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| 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
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| Subtype |
Unavailability
|
| Description |
Unavailability
|
| On Behalf Of |
Federal Insurance Company
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| View |
View File
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|
| 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
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| 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
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| Type |
Motions Relating to Records
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| Subtype |
Motion to Supplement Record
|
| Description |
Motion to Supplement Record
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|
| Docket Date |
2023-11-14
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| Type |
Order
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| Subtype |
Order Striking Filing
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| 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
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| Type |
Motions Relating to Records
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| Subtype |
Motion to Supplement Record
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| Description |
Motion to Supplement Record
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|
| Docket Date |
2023-11-07
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| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Cleveland Construction, Inc.
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|
| Docket Date |
2023-10-11
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| Type |
Order
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| Subtype |
Order on Agreed Extension of Time
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| Description |
90 Days to 01/16/2024
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|
| Docket Date |
2023-10-11
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| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
| Description |
Notice of Agreed Extension of Time - Initial Brief
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| On Behalf Of |
Cleveland Construction, Inc.
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| Docket Date |
2023-10-10
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| Type |
Order
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| Subtype |
Order Discharging Show Cause Order
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| 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
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| Type |
Order
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| Subtype |
Order Striking Filing
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| 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
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| Type |
Record
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| Subtype |
Record on Appeal
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| Description |
Record on Appeal; 2,596 Pages
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| On Behalf Of |
Clerk - Broward
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|
| Docket Date |
2023-09-22
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| Type |
Order
|
| Subtype |
Order to Show Cause
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| 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
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| Docket Date |
2023-08-30
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| Type |
Notice
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| Subtype |
Notice of Joinder for Realignment
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| Description |
Notice of Joinder in Appeal (filing fee required)
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| On Behalf Of |
James A. Cummings, Inc.
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|
| Docket Date |
2023-08-28
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| 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
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| On Behalf Of |
James A. Cummings, Inc.
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| Docket Date |
2023-08-24
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| Type |
Order
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| Subtype |
Order on Filing Fee
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| Description |
ORD-Pay filing Fee - 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.
|
| 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.
|
|
|
|
Melvin Adams, Appellant(s) v. Stahl Meyer Foods, Inc. and Liberty Mutual Insurance, Appellee(s).
|
1D2023-0818
|
2023-04-06
|
Closed
|
|
| Classification |
NOA Final - Workers Compensation - Workers Compensation
|
| Court |
1st District Court of Appeal
|
| Originating Court |
Office of the Judges of Compensation Claims
19-011493JLN
|
Parties
| Name |
Melvin Adams
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
STAHL-MEYER FOODS, INC.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Edward Duncan
|
|
| Name |
LIBERTY MUTUAL INSURANCE COMPANY
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Jacquelyn L. Newman
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
| Name |
Julie Hunsaker WC
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2024-01-08
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2024-01-08
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
| View |
View File
|
|
| Docket Date |
2023-12-20
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
The court denies all pending motions as moot.
|
| View |
View File
|
|
| Docket Date |
2023-12-20
|
| Type |
Disposition by Opinion
|
| Subtype |
Dismissed
|
| Description |
Dismissed
375 So. 3d 306
|
| View |
View File
|
|
| Docket Date |
2023-10-25
|
| Type |
Motions Other
|
| Subtype |
Motion To Dismiss
|
| Description |
Motion To Dismiss
|
| On Behalf Of |
Melvin Adams
|
|
| Docket Date |
2023-10-04
|
| Type |
Misc. Events
|
| Subtype |
Certificate of Service
|
| Description |
Certificate of Service
|
| On Behalf Of |
Melvin Adams
|
|
| Docket Date |
2023-09-29
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
Order Striking Filing
|
| View |
View File
|
|
| Docket Date |
2023-09-26
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Initial Brief
|
| Description |
Motion for Extension of Time to Serve Initial Brief
|
| On Behalf Of |
Melvin Adams
|
|
| Docket Date |
2023-09-14
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
Order Striking Filing
|
| View |
View File
|
|
| Docket Date |
2023-08-25
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response (Appellant's response filed by LT clerk)
|
| On Behalf Of |
Jacquelyn L. Newman
|
|
| Docket Date |
2023-08-22
|
| Type |
Record
|
| Subtype |
Record on Appeal Redacted
|
| Description |
Record on Appeal Redacted - 358 pages
|
|
| Docket Date |
2023-05-24
|
| Type |
Brief
|
| Subtype |
Amended Initial Brief
|
| Description |
Amended Initial Brief
|
| On Behalf Of |
Melvin Adams
|
|
| Docket Date |
2023-08-21
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion For Clarification
|
| Description |
Motion For Clarification of order discharging show cause order
|
| On Behalf Of |
Stahl Meyer Foods, Inc.
|
|
| Docket Date |
2023-08-21
|
| Type |
Order
|
| Subtype |
Order Directing Service of Filing
|
| Description |
Order Directing Service of Filing
|
| View |
View File
|
|
| Docket Date |
2023-08-17
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response to 08/03 order
|
| On Behalf Of |
Melvin Adams
|
|
| Docket Date |
2023-08-03
|
| Type |
Order
|
| Subtype |
Order Discharging Show Cause Order
|
| Description |
Order Discharging Show Cause Order
|
| View |
View File
|
|
| Docket Date |
2023-07-24
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response to 07/18 order
|
| On Behalf Of |
Stahl Meyer Foods, Inc.
|
|
| Docket Date |
2023-05-31
|
| Type |
Order
|
| Subtype |
Show Cause re Compliance with Prior Order
|
| Description |
Show Cause re Compliance with Prior Order
|
| View |
View File
|
|
| Docket Date |
2023-05-24
|
| Type |
Notice
|
| Subtype |
Amended Notice of Appeal
|
| Description |
Amended NOA w/attachments (forwarded by LT)
|
| On Behalf Of |
Melvin Adams
|
|
| Docket Date |
2023-05-19
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
Order Striking Filing
|
| View |
View File
|
|
| Docket Date |
2023-05-10
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
Order Striking Filing
|
| View |
View File
|
|
| Docket Date |
2023-06-12
|
| Type |
Misc. Events
|
| Subtype |
Determination of Indigency/LT Order Insolvency
|
| Description |
Determination of Indigency/LT Order Insolvency
filing fee waived
|
| On Behalf Of |
Jacquelyn L. Newman
|
|
| Docket Date |
2023-04-24
|
| Type |
Misc. Events
|
| Subtype |
Docketing Statement
|
| Description |
Docketing Statement
|
| On Behalf Of |
Melvin Adams
|
|
| Docket Date |
2023-04-21
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Stahl Meyer Foods, Inc.
|
|
| Docket Date |
2023-04-19
|
| Type |
Notice
|
| Subtype |
Amended Notice of Appeal
|
| Description |
Amended Notice of Appeal-w/signature, no cert. of service
|
| On Behalf Of |
Melvin Adams
|
|
| Docket Date |
2023-04-06
|
| Type |
Order
|
| Subtype |
Amended/Additional Filing(s) Needed
|
| Description |
Amended/Additional Filing(s) Needed-cert. of service on opposing party/counsel
|
| View |
View File
|
|
| Docket Date |
2023-04-06
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
| View |
View File
|
|
| Docket Date |
2023-04-06
|
| Type |
Notice
|
| Subtype |
Notice of Appeal Transmittal Form
|
| Description |
Notice of Appeal Transmittal Form
|
| On Behalf Of |
Jacquelyn L. Newman
|
|
| Docket Date |
2023-04-06
|
| Type |
Misc. Events
|
| Subtype |
Order Appealed
|
| Description |
Order Appealed
|
| On Behalf Of |
Melvin Adams
|
|
| Docket Date |
2023-07-18
|
| Type |
Order
|
| Subtype |
Case to be Considered without Answer Brief
|
| Description |
DISCHARGED 8/3/23*Case to be Considered without Answer Brief
|
| View |
View File
|
|
| Docket Date |
2023-07-06
|
| Type |
Misc. Events
|
| Subtype |
Determination of Indigency/LT Order Insolvency
|
| Description |
Determination of Indigency/LT Order Insolvency
order granting relief from costs for prep. of record
|
| On Behalf Of |
Jacquelyn L. Newman
|
|
| Docket Date |
2023-05-17
|
| Type |
Brief
|
| Subtype |
Amended Initial Brief
|
| Description |
Amended Initial Brief
|
| On Behalf Of |
Melvin Adams
|
|
| Docket Date |
2023-05-17
|
| Type |
Misc. Events
|
| Subtype |
Docketing Statement
|
| Description |
Docketing Statement-duplicate
|
| On Behalf Of |
Melvin Adams
|
|
| Docket Date |
2023-05-17
|
| Type |
Notice
|
| Subtype |
Amended Notice of Appeal
|
| Description |
Amended Notice of Appeal-Cert of service
|
|
| Docket Date |
2023-04-27
|
| Type |
Order
|
| Subtype |
Order on Miscellaneous Motion
|
| Description |
Order on Miscellaneous Motion
|
| View |
View File
|
|
| Docket Date |
2023-04-26
|
| Type |
Notice
|
| Subtype |
Notice of Inability
|
| Description |
Notice of Inability
|
| On Behalf Of |
Julie Hunsaker WC
|
| View |
View File
|
|
| Docket Date |
2023-04-24
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief
|
| On Behalf Of |
Melvin Adams
|
|
| Docket Date |
2023-04-24
|
| Type |
Notice
|
| Subtype |
Amended Notice of Appeal
|
| Description |
Amended Notice of Appeal-no cert. of service
|
| On Behalf Of |
Melvin Adams
|
|
| Docket Date |
2023-04-24
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
Miscellaneous Motion - Request to be Excused from E-Mail Service for Party Not Represented by Attorney
|
| On Behalf Of |
Melvin Adams
|
|
|
|
Miami Donuts Payroll D/B/A Dunkin Donuts and Liberty Mutual Insurance Company, Appellant(s) v. Claudia Villarreal, Appellee(s).
|
1D2023-0789
|
2023-04-03
|
Closed
|
|
| Classification |
NOA Final - Workers Compensation - Workers Compensation
|
| Court |
1st District Court of Appeal
|
| Originating Court |
Office of the Judges of Compensation Claims
20-009103JIJ
|
Parties
| Name |
Dunkin Donuts
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
LIBERTY MUTUAL INSURANCE COMPANY
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
Claudia Villarreal
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Michael Goldstein, Kenneth Brian Schwartz
|
|
| Name |
Jeffrey Ira Jacobs
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
David W. Langham
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Julie Hunsaker WC
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
| Name |
MIAMI DONUTS PAYROLL, INC.
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Edward C. Duncan III
|
|
Docket Entries
| Docket Date |
2023-08-09
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
Order on Motion for Extension of Time to Serve Initial Brief
|
| View |
View File
|
|
| Docket Date |
2024-11-25
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2024-11-25
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
| View |
View File
|
|
| Docket Date |
2024-11-06
|
| Type |
Order
|
| Subtype |
Order on Motion for Attorney's Fees - Workers Comp
|
| Description |
Order on Motion for Attorney's Fees - Workers Comp
|
| View |
View File
|
|
| Docket Date |
2024-11-06
|
| Type |
Disposition by Opinion
|
| Subtype |
Reversed
|
| Description |
Reversed
|
| View |
View File
|
|
| Docket Date |
2024-01-29
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Answer Brief
|
| On Behalf Of |
Claudia Villarreal
|
|
| Docket Date |
2023-10-27
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Order
|
| View |
View File
|
|
| Docket Date |
2023-09-11
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
| Description |
Order on Motion for Extension of Time to Serve Answer Brief
|
| View |
View File
|
|
| Docket Date |
2023-09-07
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Answer Brief
|
| Description |
Motion for Extension of Time to Serve Answer Brief
|
| On Behalf Of |
Claudia Villarreal
|
|
| Docket Date |
2023-08-16
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
|
| On Behalf Of |
Claudia Villarreal
|
|
| Docket Date |
2023-08-04
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Answer Brief
|
| Description |
Motion for Extension of Time to Serve Answer Brief
|
| On Behalf Of |
Claudia Villarreal
|
|
| Docket Date |
2023-08-01
|
| Type |
Order
|
| Subtype |
Order on Motion For Substitution of Counsel
|
| Description |
Order on Motion For Substitution of Counsel
|
| View |
View File
|
|
| Docket Date |
2023-07-26
|
| Type |
Motions Relating to Parties and Counsel
|
| Subtype |
Motion For Substitution of Counsel
|
| Description |
Motion For Substitution of Counsel
|
| On Behalf Of |
Claudia Villarreal
|
|
| Docket Date |
2023-07-07
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief
|
| On Behalf Of |
Miami Donuts Payroll
|
|
| Docket Date |
2023-06-19
|
| Type |
Record
|
| Subtype |
Transcript Redacted
|
| Description |
Transcript Redacted - 33 pages - CORRECTED Transcript
|
|
| Docket Date |
2023-06-05
|
| Type |
Order
|
| Subtype |
Order on Motion to Amend/Correct Record
|
| Description |
Order on Motion to Amend/Correct Record
|
| View |
View File
|
|
| Docket Date |
2023-06-01
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion to Amend/Correct Record
|
| Description |
Motion to Amend/Correct Record
|
| On Behalf Of |
Miami Donuts Payroll
|
|
| Docket Date |
2023-05-25
|
| Type |
Order
|
| Subtype |
Order on Motion to Supplement Record
|
| Description |
Order on Motion to Supplement Record
|
| View |
View File
|
|
| Docket Date |
2023-05-16
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion to Supplement Record
|
| Description |
Motion to Supplement Record
|
| On Behalf Of |
Miami Donuts Payroll
|
|
| Docket Date |
2023-05-12
|
| Type |
Record
|
| Subtype |
Record on Appeal Redacted
|
| Description |
Record on Appeal Redacted - 2294 pages
|
|
| Docket Date |
2023-05-12
|
| Type |
Misc. Events
|
| Subtype |
Docketing Statement
|
| Description |
Docketing Statement
|
| On Behalf Of |
Miami Donuts Payroll
|
|
| Docket Date |
2023-05-09
|
| Type |
Order
|
| Subtype |
Amended/Additional Filing(s) Needed
|
| Description |
Amended/Additional Filing(s) Needed-Docketing Statement
|
| View |
View File
|
|
| Docket Date |
2023-04-10
|
| Type |
Event
|
| Subtype |
Fee Paid in Full
|
| Description |
Fee Paid in Full
|
| View |
View File
|
|
| Docket Date |
2023-04-10
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
Order on Filing Fee
|
| View |
View File
|
|
| Docket Date |
2023-04-06
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Claudia Villarreal
|
|
| Docket Date |
2023-04-05
|
| Type |
Misc. Events
|
| Subtype |
Order Appealed
|
| Description |
Order Appealed-Order denying motion to continue final hearing w/a rendition date of 2/15/23
|
|
| Docket Date |
2023-04-03
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
| View |
View File
|
|
| Docket Date |
2023-04-03
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal
|
|
| Docket Date |
2023-04-03
|
| Type |
Misc. Events
|
| Subtype |
Order Appealed
|
| Description |
Order Appealed-Denying Amended Motion to Continue Final Hearing -unsigned
|
|
|
|
Christopher Ducille, Appellant(s) v. Comcast, Comcast Corporation/Liberty Mutual Insurance, Appellee(s).
|
1D2022-3961
|
2022-12-08
|
Closed
|
|
| Classification |
NOA Final - Workers Compensation - Workers Compensation
|
| Court |
1st District Court of Appeal
|
| Originating Court |
Office of the Judges of Compensation Claims
14-018980MJR
|
Parties
| Name |
Christopher Ducille
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
COMCAST CORPORATION
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Lissette M. Gonzalez, Francesca Stein
|
|
| Name |
LIBERTY MUTUAL INSURANCE COMPANY
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Lissette M. Gonzalez, Francesca Stein
|
|
| Name |
Michael J. Ring
|
| Role |
Judge of Compensation Claims
|
| Status |
Active
|
|
| Name |
Hon. David W. Langham
|
| Role |
Judge of Compensation Claims
|
| Status |
Active
|
|
| Name |
Julie Hunsaker WC
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2024-01-10
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2024-01-10
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
| View |
View File
|
|
| Docket Date |
2023-12-12
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed
376 So. 3d 6
|
| View |
View File
|
|
| Docket Date |
2023-08-22
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Reply Brief
|
| On Behalf Of |
Christopher Ducille
|
|
| Docket Date |
2023-07-20
|
| Type |
Order
|
| Subtype |
Order on Motion To Withdraw as Counsel
|
| Description |
Order on Motion To Withdraw as Counsel
|
| View |
View File
|
|
| Docket Date |
2023-06-28
|
| Type |
Motions Relating to Parties and Counsel
|
| Subtype |
Motion To Withdraw as Counsel
|
| Description |
Motion To Withdraw as Counsel
|
| On Behalf Of |
Christopher Ducille
|
|
| Docket Date |
2023-06-28
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Reply Brief
|
| Description |
Motion for Extension of Time to Serve Reply Brief
|
| On Behalf Of |
Christopher Ducille
|
|
| Docket Date |
2023-06-16
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
| Description |
Order on Motion for Extension of Time to Serve Answer Brief
|
| View |
View File
|
|
| Docket Date |
2023-06-02
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Comcast Corporation
|
|
| Docket Date |
2023-06-02
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Answer Brief
|
| On Behalf Of |
Comcast Corporation
|
|
| Docket Date |
2023-05-26
|
| 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 |
2023-05-22
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
| Description |
Order on Motion for Extension of Time to Serve Answer Brief
|
| View |
View File
|
|
| Docket Date |
2023-05-01
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Answer Brief
|
| Description |
Motion for Extension of Time to Serve Answer Brief
|
| On Behalf Of |
Comcast
|
| View |
View File
|
|
| Docket Date |
2023-04-03
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief
|
| On Behalf Of |
Christopher Ducille
|
|
| Docket Date |
2023-03-21
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
Order Striking Filing
|
| View |
View File
|
|
| Docket Date |
2023-03-13
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief
|
| On Behalf Of |
Christopher Ducille
|
|
| Docket Date |
2023-02-02
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ 142 pages SEALED
|
|
| Docket Date |
2023-01-13
|
| Type |
Order
|
| Subtype |
Order to Register/Update eDCA
|
| Description |
Acknowledgment of Service List ~ The notice filed by counsel for the appellee on January 12, 2023, providing e-mail addresses, is acknowledged. However, in addition to filing such notice, counsel of record are responsible for ensuring their primary and/or secondary e-mail addresses under their profile in the Florida Courts E-Filing Portal and eDCA are consistent with the filed notice in order to receive e-mailed notification (Casemail) from the court. Profiles for eDCA users may be updated by clicking on the “My Profile” link and clicking the “Submit” button after making the desired changes.
|
|
| Docket Date |
2023-01-12
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance ~ and designation of email address
|
| On Behalf Of |
Comcast
|
|
| Docket Date |
2023-01-11
|
| Type |
Misc. Events
|
| Subtype |
Docketing Statement
|
| Description |
Docketing Statement
|
| On Behalf Of |
Christopher Ducille
|
|
| Docket Date |
2023-01-10
|
| Type |
Order
|
| Subtype |
Amended/Additional Filing(s) Needed
|
| Description |
Electronic Docketing Statement ~ Appellant has failed to timely efile a completed electronic docketing statement via the Florida Courts E-Filing Portal as required by the Court. A fillable form version of the Docketing Statement is available via a link on the “Documents” tab of the Portal or on this Court’s website at HYPERLINK "https://www.1dca.org/Resources/General-Information" https://www.1dca.org/Resources/General-Information. Failure to file a completed docketing statement within 10 days from the date hereof may result in the imposition of sanctions, including dismissal of the appeal without further opportunity to be heard. Florida Rule of Appellate Procedure 9.410.
|
|
| Docket Date |
2022-12-15
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
Appeal-Pay Fee/Submit LT Ord of Insolv ($300) ~ Appellant has filed a notice of appeal in the lower tribunal without the entry of an order of insolvency or deposit of the statutory filing fee. Accordingly, Appellant shall, within 30 days from the date of this order, either file a certified copy of the lower tribunal's order of insolvency for appellate purposes as required by Florida Rule of Appellate Procedure 9.430 or pay to the clerk of this Court the sum of $300.00 as the appellate filing fee required by the applicable rule of procedure and Section 35.22(2)(a), Florida Statutes (2018). If Appellant seeks a waiver of the filing fee on the grounds of indigency, Appellant shall file a motion and affidavit of indigency with the clerk of the lower tribunal (the court, agency, officer, board, commission, or body whose order is to be reviewed) for a determination by the lower tribunal of whether an order of insolvency should be issued pursuant to Rule 9.430 and Section 57.081(1) or 57.085(2), Florida Statutes (2018), as applicable.This appeal shall not proceed until the order of insolvency is filed or the fee is paid. Failure to comply with this order will result in the dismissal of this case without further opportunity to be heard. Florida Rule of Appellate Procedure 9.410.
|
|
| Docket Date |
2022-12-09
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Worker's Compensation / Acknowledgement letter ~ The First District Court of Appeal has received the Notice of Appeal in this Workers’ Compensation action, filed in this Court on December 8, 2022, and in the lower tribunal on December 6, 2022.
|
|
| Docket Date |
2022-12-08
|
| Type |
Notice
|
| Subtype |
Notice of Appeal Transmittal Form
|
| Description |
Notice of Appeal Transmittal Form
|
| On Behalf Of |
Michael J. Ring
|
|
| Docket Date |
2022-12-08
|
| Type |
Misc. Events
|
| Subtype |
Order Appealed
|
| Description |
Order Appealed
|
| On Behalf Of |
Christopher Ducille
|
|
|
|
VENETIAN MULTI-FAMILY, LLC VS WEILAND CORPORATION, ET AL
|
2D2022-2418
|
2022-07-27
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
2nd District Court of Appeal
|
| Originating Court |
Circuit Court for the Twentieth Judicial Circuit, Lee County
19-CA-004395
|
Parties
| Name |
VENETIAN MULTI FAMILY, LLC
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
JOHN I. CRISTE, JR., ESQ., SCOTT D. KRAVETZ, ESQ., MORGAN L. SWING, ESQ.
|
|
| Name |
CRAWFORD LANDSCAPING GROUP, LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
WEILAND CORPORATION
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Adam Keith Butman Brandon, Esq., ALANA ZORRILLA-GASTON, ESQ., BRADLEY RYAN WEISS, ESQ., ANGIE VANDENBERG, ESQ., ALEXANDER R. ALLRED, ESQ., HUGH D. HIGGINS, ESQ., ANDREW P. THOMPSON, ESQ., ANTHONY JAGLAL, ESQ., JENNIFER MARINO, ESQ., THOMAS MUNRO, I I, ESQ., DENISE M. ANDERSON, ESQ., MATTHEW B. GREETHAM, ESQ., MATTHEW M. TONUZI, ESQ., CHAABAN, ESQ., ASHLEY M. MATTINGLY, ESQ., JOHN A. CHIOCCA, ESQ., GUY W. HARRISON, ESQ., EDWARD ETCHEVERRY, ESQ., SCOTT PADGETT, ESQ.
|
|
| Name |
LATITE ROOFING AND SHEET METAL, LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
LIBERTY MUTUAL INSURANCE COMPANY
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
HONORABLE ALANE LABODA
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
LEE CLERK
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2022-07-27
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed ~ WITH ORDER
|
| On Behalf Of |
VENETIAN MULTI-FAMILY, LLC
|
|
| Docket Date |
2022-10-24
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Clerk
|
|
| Docket Date |
2022-10-24
|
| Type |
Misc. Events
|
| Subtype |
Case Closed
|
| Description |
Case Closed
|
|
| Docket Date |
2022-10-24
|
| 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 |
2022-10-17
|
| Type |
Motions Other
|
| Subtype |
Motion/Notice Voluntary Dismissal
|
| Description |
Notice of Voluntary Dismissal
|
| On Behalf Of |
VENETIAN MULTI-FAMILY, LLC
|
|
| Docket Date |
2022-09-30
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Stipulation for Extension of Time ~ 70 - IB DUE 12/8/22
|
| On Behalf Of |
VENETIAN MULTI-FAMILY, LLC
|
|
| Docket Date |
2022-09-22
|
| Type |
Misc. Events
|
| Subtype |
Status Report
|
| Description |
Status Report ~ NOTICE OF INABILITY TO TRANSMIT THE RECORD
|
| On Behalf Of |
LEE CLERK
|
|
| Docket Date |
2022-08-02
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter 1 ~ amended
|
|
| Docket Date |
2022-08-01
|
| Type |
Misc. Events
|
| Subtype |
Certificate of Service
|
| Description |
Certificate of Service ~ NOTICEOF SUPPLEMENTAL CERTIFICATE OF SERVICE
|
| On Behalf Of |
VENETIAN MULTI-FAMILY, LLC
|
|
| Docket Date |
2022-07-28
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
fee - civil; atty
|
|
| Docket Date |
2022-07-28
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid through Portal
|
| On Behalf Of |
VENETIAN MULTI-FAMILY, LLC
|
|
| Docket Date |
2022-07-28
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter 1
|
|
| Docket Date |
2022-07-27
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
|
|
Oneblood Inc., Liberty Mutual Insurance, Appellant(s) v. George Kish, Appellee(s).
|
1D2022-2244
|
2022-07-20
|
Closed
|
|
| Classification |
NOA Non Final - Workers Compensation - Workers Compensation
|
| Court |
1st District Court of Appeal
|
| Originating Court |
Office of the Judges of Compensation Claims
21-026894CJS
|
Parties
| Name |
ONEBLOOD, INC.
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Neil Ambekar, Therese A. Savona
|
|
| Name |
LIBERTY MUTUAL INSURANCE COMPANY
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
Carol J. Stephenson
|
| Role |
Judge of Compensation Claims
|
| Status |
Active
|
|
| Name |
George Kish
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Brian P. Vassallo, Nicole Hessen, Chad M. Bubis, Bill McCabe
|
|
| Name |
Hon. David W. Langham
|
| Role |
Judge of Compensation Claims
|
| Status |
Active
|
|
| Name |
Julie Hunsaker
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2022-09-23
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
|
| On Behalf Of |
George Kish
|
|
| Docket Date |
2022-09-23
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief
|
| On Behalf Of |
George Kish
|
|
| Docket Date |
2022-10-10
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ to motion for attorney's fees and costs
|
| On Behalf Of |
Oneblood Inc.
|
|
| Docket Date |
2022-08-29
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix
|
| On Behalf Of |
Oneblood Inc.
|
|
| Docket Date |
2023-03-22
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
| View |
View File
|
|
| Docket Date |
2023-03-22
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2023-03-03
|
| Type |
Order
|
| Subtype |
Order on Motion For Attorney's Fees
|
| Description |
Grant Atty's Fees & Costs (All Issues)-Remand to LT ~ The Court grants the motion for appellate attorney’s fees and costs and remands to the lower tribunal to determine the amount. See § 440.34, Fla. Stat.
|
|
| Docket Date |
2023-03-03
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed - Per Curiam Affirmed
357 So. 3d 109
|
| View |
View File
|
|
| Docket Date |
2023-02-27
|
| Type |
Motions Other
|
| Subtype |
Motion To Relinquish Jurisdiction
|
| Description |
Motion To Relinquish Jurisdiction
|
| On Behalf Of |
Oneblood Inc.
|
|
| Docket Date |
2022-10-24
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant's Reply Brief
|
| On Behalf Of |
Oneblood Inc.
|
|
| Docket Date |
2022-08-22
|
| 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 |
Oneblood Inc.
|
|
| Docket Date |
2022-08-04
|
| Type |
Notice
|
| Subtype |
Amended Notice of Appeal
|
| Description |
Amended Notice of Appeal ~ clarification that order appealed is non-final
|
| On Behalf Of |
Oneblood Inc.
|
|
| Docket Date |
2022-08-04
|
| 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 |
Oneblood Inc.
|
|
| Docket Date |
2022-07-26
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
CASE FILING FEE PAID THROUGH PORTAL
|
|
| Docket Date |
2022-07-26
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
20-Day Pay Fee ($300) ~ The appellant/petitioner has failed to tender the required $300.00 filing fee per Section 35.22(2)(a), Florida Statutes (2018), and Florida Rule of Appellate Procedure 9.110(b). The appellant/petitioner is hereby directed to pay the $300 filing fee within 20 days of this order. Failure to comply with this order will result in the dismissal of this cause without further opportunity to be heard. Florida Rule of Appellate Procedure 9.410.
|
|
| Docket Date |
2022-07-25
|
| Type |
Order
|
| Subtype |
Order to Register/Update eDCA
|
| Description |
Acknowledgment of Service List ~ The notice filed by counsel for the Appellant on July 21, 2022, providing e-mail addresses, is acknowledged. However, in addition to filing such notice, counsel of record are responsible for ensuring their primary and/or secondary e-mail addresses under their profile in the Florida Courts E-Filing Portal and eDCA are consistent with the filed notice in order to receive e-mailed notification (Casemail) from the court. Profiles for eDCA users may be updated by clicking on the “My Profile” link and clicking the “Submit” button after making the desired changes.
|
|
| Docket Date |
2022-07-22
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
George Kish
|
|
| Docket Date |
2022-07-22
|
| Type |
Misc. Events
|
| Subtype |
Docketing Statement
|
| Description |
Docketing Statement
|
| On Behalf Of |
Oneblood Inc.
|
|
| Docket Date |
2022-07-21
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance ~ DESIGNATION OF E-MAIL ADDRESSES
|
| On Behalf Of |
Oneblood Inc.
|
|
| Docket Date |
2022-07-20
|
| Type |
Notice
|
| Subtype |
Notice of Appeal Transmittal Form
|
| Description |
Notice of Appeal Transmittal Form
|
| On Behalf Of |
Carol J. Stephenson
|
|
| Docket Date |
2022-07-20
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Worker's Compensation / Acknowledgement letter ~ The First District Court of Appeal has received the Notice of Appeal in this Workers’ Compensation action, filed in this Court on July 20, 2022, and in the lower tribunal on July 18, 2022.
|
|
| Docket Date |
2022-07-20
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
| On Behalf Of |
Oneblood Inc.
|
|
| Docket Date |
2022-08-29
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
Oneblood Inc.
|
|
| Docket Date |
2022-08-24
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Order Granting ~ The Court grants Appellants’ August 22, 2022, second motion for extension of time to serve the initial brief and appendix. Appellants shall serve the brief on or before August 29, 2022.
|
|
| Docket Date |
2022-08-05
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
Deny Initial Brief Ext ~ The Court denies as premature Appellants’ August 4, 2022, motion for an extension of time to serve the initial brief because the lower tribunal has not yet certified the record on appeal. See Fla. R. App. P. 9.180(h)(1).
|
|
|
|
O.R. DEAN CONSTRUCTION INC., VS LIBERTY MUTUAL INSURANCE COMPANY, et al.,
|
3D2022-1011
|
2022-06-13
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
3rd District Court of Appeal
|
| Originating Court |
Circuit Court for the Eleventh Judicial Circuit, Miami-Dade County
19-29227
|
Parties
| Name |
O.R. DEAN CONSTRUCTION INC.
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Thomas G. Neusom
|
|
| Name |
LIBERTY MUTUAL INSURANCE COMPANY
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
CHARLES E. FOMBRUN, GARY M. STEIN
|
|
| Name |
Hon. Carlos Lopez
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Miami-Dade Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2022-12-28
|
| Type |
Order
|
| Subtype |
Order on Motion for Reconsideration/Rehearing of an Order
|
| Description |
Rehearing denied (OD57) ~ Upon consideration, Appellant’s Motion for Rehearing is hereby denied. LOGUE, MILLER and BOKOR, JJ., concur.
|
|
| Docket Date |
2022-12-15
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ APPELLEE, TURNER CONSTRUCTION COMPANY'S, RESPONSE TO MOTION FOR REHEARING
|
| On Behalf Of |
LIBERTY MUTUAL INSURANCE COMPANY
|
|
| Docket Date |
2022-11-30
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion for Rehearing
|
| Description |
Motion For Rehearing
|
| On Behalf Of |
O.R. DEAN CONSTRUCTION INC.
|
|
| Docket Date |
2022-11-17
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2022-11-17
|
| Type |
Mandate
|
| Subtype |
Disp. w/o Mandate
|
| Description |
Disp w/o mandate
|
|
| Docket Date |
2022-10-31
|
| Type |
Brief
|
| Subtype |
Amended Initial Brief
|
| Description |
Amended Initial Brief ~ APPELLANT OR DEAN'S FIRST AMENDED APPELLATE BRIEF
|
| On Behalf Of |
O.R. DEAN CONSTRUCTION INC.
|
|
| Docket Date |
2022-10-26
|
| Type |
Disposition by Opinion
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Judge
|
|
| Docket Date |
2022-10-26
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
Appeal Dismissed by the Court (DA11) ~ Upon the Court’s own motion, it is ordered that the above-styled appeal is hereby dismissed.
|
|
| Docket Date |
2022-09-21
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits ~ *Initial Brief Stricken, See Order issued 10/7/22
|
| On Behalf Of |
O.R. DEAN CONSTRUCTION INC.
|
|
| Docket Date |
2022-09-20
|
| Type |
Motions Other
|
| Subtype |
Motion To Dismiss
|
| Description |
Motion To Dismiss ~
|
| On Behalf Of |
LIBERTY MUTUAL INSURANCE COMPANY
|
|
| Docket Date |
2022-09-09
|
| Type |
Order
|
| Subtype |
Order to Serve Brief
|
| Description |
AA to file intitial brief w/in 10 days (OR21A) ~ Pursuant to the time schedule provided in the Florida Rules of Appellate Procedure, the time for filing the initial brief has expired. This cause will be subject to dismissal unless the document referred to is filed within ten (10) days from the date of this Order, or within said time the Court is otherwise notified that this matter is being diligently prosecuted.
|
|
| Docket Date |
2022-08-25
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Record on Appeal
|
| On Behalf Of |
Miami-Dade Clerk
|
|
| Docket Date |
2022-06-13
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
Order to pay filing fee-civil w/atty (OR14B) ~ This is to notify counsel for Appellant that the filing and prosecution of a notice of appeal in this Court is not acceptable without compliance with the Florida Rules of Appellate Procedure. Therefore, this appeal will be dismissed unless the required three hundred dollar ($300.00) fee is paid to the Clerk of the Court on or before June 23, 2022.
|
|
| Docket Date |
2022-06-13
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter ~ Acknowledgment of new case letter with attachments. The 3DCA $300 filing fee for a notice of appeal is due.
|
|
| Docket Date |
2022-06-13
|
| Type |
Notice
|
| Subtype |
Notice of Appeal Transmittal Form
|
| Description |
Notice of Transmittal--NOA
|
| On Behalf Of |
LIBERTY MUTUAL INSURANCE COMPANY
|
|
| Docket Date |
2022-06-13
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
| Docket Date |
2022-11-17
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
MISCELLANEOUS ORDER (OR999) ~ On October 7, 2022, this Court issued an Order striking the already untimely Initial Brief for failure to comply with the Florida Rules of Appellate Procedure. The October 7, 2022, Order gave Appellant until Thursday, October 13, 2022, to file a compliant initial brief. On October 26, 2022, noting that no initial brief had been filed, this Court on its own motion, dismissed the Appeal. Subsequently, and without seeking leave, on October 31, 2022, Appellant filed “O.R. Dean’s First Amended Appellate Brief.” This Initial Brief is unauthorized, untimely, and, additionally, contains formatting errors, incoherent or incomplete argument, and otherwise fails to meet basic standards of practice before this Court. Accordingly, the amended brief is stricken, and the matter remains dismissed. LOGUE, MILLER and BOKOR, JJ., concur.
|
|
| Docket Date |
2022-10-07
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
MISCELLANEOUS ORDER (OR999) ~ Appellee Turner Construction Company moves to dismiss the appeal for failure to file an initial brief as required by the relevant Rule and by this Court's September 9, 2022, Order requiring the filing of such brief within ten (10) days. On September 21, 2022, the day after the filing of the Motion to Dismiss, Appellant filed its Initial Brief. However, a cursory review of the Initial Brief reveals a complete lack of compliance with the requirements of Florida Rule of Appellate Procedure 9.210(b). The lack of compliance spans from technical and formatting issues, to a missing, or inadequate, table of contents, citations, record cites, summary of argument, etc. Accordingly, the Court holds the Motion to Dismiss in abeyance, strikes, sua sponte, the Initial Brief, and orders Appellant to file a compliant, properly formatted Initial Brief, with, inter alia, proper record citations and references to pertinent case law, on or before Thursday, October 13, 2022. Failure to comply with this Order may result in sanctions, without further hearing, including, but not limited, to the dismissal of this appeal. LOGUE, MILLER and BOKOR, JJ., concur.
|
|
|
|
DANIEL O. MARSHALL AND SUZETTE MARSHALL VS WILMINGTON TRUST, NATIONAL ASSOCIATION, NOT IN ITS INDIVIDUAL CAPACITY, BUT SOLELY AS TRUSTEE OF MFRA TRUST 2015-1, ORANGE COUNTY CLERK OF COURT, AND JOHN MADISON LANDSCAPE, INC., ET AL.
|
6D2023-1340
|
2022-06-10
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Foreclosure
|
| Court |
6th District Court of Appeal
|
| Originating Court |
Circuit Court for the Ninth Judicial Circuit, Orange County
2018-CA-011196-O
|
Parties
| Name |
Suzette Marshall
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
Daniel O. Marshall
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
R. Lee Dorough
|
|
| Name |
ORANGE COUNTY CLERK OF COURT
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Fred Ares
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
JOHN MADISON LANDSCAPE, INC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Judith Lugris
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
LIBERTY MUTUAL INSURANCE COMPANY
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
HON. JEFFREY L. ASHTON
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
TIFFANY RUSSELL, CLERK
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
| Name |
Wilmington Trust, National Association
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
ERIC M. LEVINE, ESQ., David Hershel Margolis, Eric S. Matthew
|
|
Docket Entries
| Docket Date |
2023-06-14
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2023-06-14
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2023-05-23
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed - Per Curiam Affirmed
|
|
| Docket Date |
2023-01-03
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter 1
|
|
| Docket Date |
2022-12-30
|
| Type |
Disposition by Order
|
| Subtype |
Transferred
|
| Description |
ORD-TRANSFER TO ANOTHER COURT
|
|
| Docket Date |
2022-12-15
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
MISCELLANEOUS ORDER ~ WITHDRAWING PANEL ASSIGNMENT
|
|
| Docket Date |
2022-11-03
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
NOTICE OF PANEL ASSIGNMENT ~ WITHDRAWN PER 12/15 ORDER
|
|
| Docket Date |
2022-09-15
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee Answer Brief ~ FOR AE, WILMINGTON TRUST, N.A.
|
| On Behalf Of |
Wilmington Trust, National Association
|
|
| Docket Date |
2022-08-29
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Appellant Brief on Merits
|
| On Behalf Of |
Daniel O. Marshall
|
|
| Docket Date |
2022-08-18
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
ORDER GRANTING EOT FOR INITIAL BRIEF ~ IB BY 8/29
|
|
| Docket Date |
2022-08-18
|
| 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 |
Daniel O. Marshall
|
|
| Docket Date |
2022-07-19
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ 1322 PAGES
|
| On Behalf Of |
TIFFANY RUSSELL, CLERK
|
|
| Docket Date |
2022-06-13
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Wilmington Trust, National Association
|
|
| Docket Date |
2022-06-13
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid through Portal
|
| On Behalf Of |
Daniel O. Marshall
|
|
| Docket Date |
2022-06-10
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
AFFIDAVIT OF INSOLVENCY IS INSUFFICIENT
|
|
| Docket Date |
2022-06-10
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2022-06-10
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter 1
|
|
| Docket Date |
2022-06-10
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed ~ FILED BELOW 6/5/22
|
| On Behalf Of |
Daniel O. Marshall
|
|
|
|
DANIEL O. MARSHALL AND SUZETTE MARSHALL VS WILMINGTON TRUST, NATIONAL ASSOCIATION, NOT IN ITS INDIVIDUAL CAPACITY, BUT SOLELY AS TRUSTEE OF MFRA TRUST 2015-1, ORANGE COUNTY CLERK OF COURT, AND JOHN MADISON LANDSCAPE, INC., ET AL.
|
5D2022-1390
|
2022-06-10
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Foreclosure
|
| Court |
5th District Court of Appeal
|
| Originating Court |
Circuit Court for the Ninth Judicial Circuit, Orange County
2018-CA-011196-O
|
Parties
| Name |
Suzette Marshall
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
Daniel O. Marshall
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
R. Lee Dorough
|
|
| Name |
Orange County Clerk of Court
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Judith Lugris
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Wilmington Trust, National Association
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Eric S. Matthew, Eric M. Levine, David Hershel Margolis
|
|
| Name |
Fred Ares
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
JOHN MADISON LANDSCAPE, INC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
LIBERTY MUTUAL INSURANCE COMPANY
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Hon. Jeffrey L. Ashton
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Orange Cty Circuit Ct Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2024-06-28
|
| Type |
Mandate
|
| Subtype |
Disp. w/o Mandate
|
| Description |
Disp. w/o Mandate
|
|
| Docket Date |
2023-01-01
|
| Type |
Disposition by Opinion
|
| Subtype |
Transferred
|
| Description |
Transferred - Order by Clerk ~ TRANSFER TO 6th DCA
|
|
| Docket Date |
2022-12-30
|
| Type |
Disposition by Order
|
| Subtype |
Transferred
|
| Description |
Ord-Transfer to Sixth DCA
|
|
| Docket Date |
2022-12-15
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Miscellaneous Order ~ WITHDRAWING PANEL ASSIGNMENT
|
|
| Docket Date |
2022-11-03
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
NOTICE OF PANEL ASSIGNMENT ~ WITHDRAWN PER 12/15 ORDER
|
|
| Docket Date |
2022-09-15
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief ~ FOR AE, WILMINGTON TRUST, N.A.
|
| On Behalf Of |
Wilmington Trust, National Association
|
|
| Docket Date |
2022-08-29
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
Daniel O. Marshall
|
|
| Docket Date |
2022-08-18
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
Order Grant EOT for Initial Brief ~ IB BY 8/29
|
|
| Docket Date |
2022-08-18
|
| 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 |
Daniel O. Marshall
|
|
| Docket Date |
2022-07-19
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ 1322 PAGES
|
| On Behalf Of |
Orange Cty Circuit Ct Clerk
|
|
| Docket Date |
2022-06-13
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
CASE FILING FEE PAID THROUGH PORTAL
|
| On Behalf Of |
Daniel O. Marshall
|
|
| Docket Date |
2022-06-13
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Wilmington Trust, National Association
|
|
| Docket Date |
2022-06-10
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
Order to pay filing fee - Civil appeal (300)
|
|
| Docket Date |
2022-06-10
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed ~ FILED BELOW 6/5/22
|
| On Behalf Of |
Daniel O. Marshall
|
|
| Docket Date |
2022-06-10
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgement Letter 1
|
|
| Docket Date |
2022-06-10
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
|
|
LIBERTY MUTUAL INSURANCE COMPANY , Appellant(s) v. MD NOW MEDICAL CENTERS, INC. d/b/a MD NOW (PATIENT: JACK NGUYEN), Appellee(s).
|
4D2022-1486
|
2022-06-01
|
Closed
|
|
| Classification |
NOA Final - County Small Claims - PIP
|
| Court |
4th District Court of Appeal
|
| Originating Court |
County Court for the Fifteenth Judicial Circuit, Palm Beach County
502019SC011362
|
Parties
| Name |
LIBERTY MUTUAL INSURANCE COMPANY
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Veresa Lia Jones Adams, Jeffrey Robert Geldens, Abbi Freifeld Carr
|
|
| Name |
MD NOW MEDICAL CENTERS, INC.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Chad Leslie Christensen, Douglas Howard Stein, Aileen Graffe-McDonley
|
|
| Name |
JACK NGUYEN LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Hon. Reginald Roy Corlew
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Palm Beach
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2023-11-03
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2023-11-03
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
| View |
View File
|
|
| Docket Date |
2023-10-18
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2023-10-18
|
| Type |
Order
|
| Subtype |
Order on Motion for Rehearing En Banc
|
| Description |
Order on Motion for Rehearing En Banc
|
| View |
View File
|
|
| Docket Date |
2023-09-27
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response to Appellant's Motion for Rehearing / Rehearing En Banc
|
| On Behalf Of |
MD Now Medical Centers, Inc.
|
|
| Docket Date |
2023-09-16
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion for Rehearing and Rehearing En Banc
|
| Description |
Motion for Rehearing and Rehearing En Banc, Clarification, and Certification of a Question
of Great Public Importance
|
| On Behalf Of |
Liberty Mutual Insurance Company
|
|
| Docket Date |
2023-08-24
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Grant Extension of Time ~ ORDERED that appellant's August 15, 2023 motion for extension of time is granted, and the time in which to file a motion for rehearing, clarification, or certification is extended thirty (30) days from the current due date.
|
|
| Docket Date |
2023-08-15
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time
|
| Description |
Motion for Extension of Time
|
| On Behalf Of |
Liberty Mutual Insurance Company
|
|
| Docket Date |
2023-08-02
|
| Type |
Order
|
| Subtype |
Order on Motion For Attorney's Fees
|
| Description |
Order Granting Attorney's Fees ~ ORDERED that the appellee's January 18, 2023 motion for attorney's fees is granted based on entitlement to fees under section 627.428, Florida Statutes. On remand, the trial court shall set the amount of attorney's fees to be awarded for this appellate case. If a motion for rehearing is filed in this court, then services rendered in connection with the filing of the motion, including, but not limited to, preparation of a responsive pleading, shall be taken into account in computing the amount of the fee.
|
|
| Docket Date |
2023-08-02
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed - Authored Opinion
|
|
| Docket Date |
2023-03-06
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant's Reply Brief
|
| On Behalf Of |
Liberty Mutual Insurance Company
|
|
| Docket Date |
2023-03-02
|
| Type |
Order
|
| Subtype |
Order on Motion to Supplement Record & EOT/Toll Briefing
|
| Description |
ORD-Allowing Attachment to Record ~ ORDERED that appellant's February 28, 2023 motion to supplement the record is granted, and the record is supplemented to include the transcript of the hearing on Plaintiff’s Motion for Summary Judgment. Said supplemental record is deemed filed as of the date of this order.
|
|
| Docket Date |
2023-03-02
|
| Type |
Record
|
| Subtype |
Supplemental Record
|
| Description |
Supplemental Records ~ **MOTION GRANTED**
|
| On Behalf Of |
Liberty Mutual Insurance Company
|
|
| Docket Date |
2023-03-01
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ TO MOTION FOR ATTORNEY'S FEES
|
| On Behalf Of |
MD Now Medical Centers, Inc.
|
|
| Docket Date |
2023-02-28
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion to Supplement Record
|
| Description |
Motion To File Supplemental Record
|
| On Behalf Of |
Liberty Mutual Insurance Company
|
|
| Docket Date |
2023-02-17
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
|
| On Behalf Of |
Liberty Mutual Insurance Company
|
|
| Docket Date |
2023-02-16
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Reply Brief
|
| Description |
Notice of Agreed Extension - Reply Brief
|
| On Behalf Of |
Liberty Mutual Insurance Company
|
|
| Docket Date |
2023-02-16
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 15 DAYS TO 3/6/23
|
|
| Docket Date |
2023-01-18
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief
|
| On Behalf Of |
MD Now Medical Centers, Inc.
|
|
| Docket Date |
2023-01-18
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
|
| On Behalf Of |
MD Now Medical Centers, Inc.
|
|
| Docket Date |
2022-12-16
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
| Description |
ORD-Answer Brief to be Served ~ ORDERED that appellee's December 14, 2022 motion for extension of time is granted, and appellee shall serve the answer brief on or before January 19, 2023. In addition, appellee is notified that the failure to serve the brief within the time provided herein will foreclose appellee's right to file a brief or otherwise participate in this appeal, or the court in its discretion may impose other sanctions. Appellee is advised that no further extensions will be granted absent a detailed explanation for why the answer brief has not yet been filed and a showing of extraordinary circumstances where, if a further extension is not granted, irreparable and material harm will result to the litigant. Attorney workload does not constitute extraordinary circumstances which justifies a further extension of time.
|
|
| Docket Date |
2022-12-14
|
| 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 |
MD Now Medical Centers, Inc.
|
|
| Docket Date |
2022-11-16
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 30 DAYS TO 12/20/22
|
|
| Docket Date |
2022-11-16
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
| Description |
Notice of Agreed Extension - Answer Brief
|
| On Behalf Of |
MD Now Medical Centers, Inc.
|
|
| Docket Date |
2022-09-16
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
| Description |
Notice of Agreed Extension - Answer Brief
|
| On Behalf Of |
MD Now Medical Centers, Inc.
|
|
| Docket Date |
2022-09-16
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 60 DAYS TO 11/20/22
|
|
| Docket Date |
2022-08-22
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
Liberty Mutual Insurance Company
|
|
| Docket Date |
2022-07-22
|
| Type |
Order
|
| Subtype |
Order on Motion to Consolidate
|
| Description |
ORD-Granting Consolidation ~ ORDERED that, upon consideration of the parties' responses to the court's July 5, 2022 order to show cause, case numbers 4D22-846, 4D22-847, and 4D22-1486 are consolidated for designation to the same appellate panel for review.
|
|
| Docket Date |
2022-07-19
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ 296 PAGES
|
| On Behalf Of |
Clerk - Palm Beach
|
|
| Docket Date |
2022-07-15
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response
|
| On Behalf Of |
Liberty Mutual Insurance Company
|
|
| Docket Date |
2022-07-13
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response
|
| On Behalf Of |
MD Now Medical Centers, Inc.
|
|
| Docket Date |
2022-07-05
|
| Type |
Order
|
| Subtype |
Order to Show Cause
|
| Description |
Order to Show Cause ~ Upon consideration of appellant’s June 30, 2022 notice of similar case pending, it is ORDERED that the parties are to show cause, within ten (10) days from the date of this order, as to why case numbers 4D22-846, 4D22-847, and 4D22-1486 should not be consolidated for the purpose of designation to the same appellate panel for review.
|
|
| Docket Date |
2022-06-30
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Liberty Mutual Insurance Company
|
|
| Docket Date |
2022-06-02
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
MD Now Medical Centers, Inc.
|
|
| Docket Date |
2022-06-01
|
| 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 |
2022-06-01
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid Through Portal
|
| On Behalf Of |
Liberty Mutual Insurance Company
|
|
| Docket Date |
2022-06-01
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2022-06-01
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
Liberty Mutual Insurance Company
|
|
|
|
Michael D. Rudolph vs Darien Smith, The Home Depot U.S.A., Inc. and Liberty Mutual Insurance Company
|
1D2022-1627
|
2022-05-26
|
Closed
|
|
| Classification |
NOA Final - Workers Compensation - Workers Compensation
|
| Court |
1st District Court of Appeal
|
| Originating Court |
Office of the Judges of Compensation Claims
93-010752ERA
|
Parties
| Name |
Michael D. Rudolph
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Michael J. Winer
|
|
| Name |
Linda McCoy
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
LIBERTY MUTUAL INSURANCE COMPANY
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
The Home Depot U.S.A., Inc.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Darien Smith
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Ramon Malca, Kimberly J. Fernandes, Kelly B. Schaet, Jason J Goldstone, Richard J. Dolan II, Jerry J. Goodmark, Heath S. Eskalyo, Meredith A. Chaiken
|
|
| Name |
Edward R. Almeyda
|
| Role |
Judge of Compensation Claims
|
| Status |
Active
|
|
| Name |
Hon. David W. Langham
|
| Role |
Judge of Compensation Claims
|
| Status |
Active
|
|
| Name |
Julie Hunsaker WC
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2024-02-12
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2024-02-12
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
| View |
View File
|
|
| Docket Date |
2024-01-24
|
| Type |
Disposition by Opinion
|
| Subtype |
Reversed
|
| Description |
Reversed
377 So. 3d 1186
|
| View |
View File
|
|
| Docket Date |
2023-03-16
|
| Type |
Order
|
| Subtype |
Order Re: Video Oral Argument
|
| Description |
Order Re: Video Oral Argument
|
| View |
View File
|
|
| Docket Date |
2023-03-08
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
Motion to appear via zoom
|
| On Behalf Of |
Linda McCoy
|
|
| Docket Date |
2023-02-08
|
| Type |
Notice
|
| Subtype |
Notice of Oral Argument
|
| Description |
OA Granted-Tallahassee
|
|
| Docket Date |
2022-11-21
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief ~ filed by Linda McCoy - in response to the RB
|
| View |
View File
|
|
| Docket Date |
2022-11-09
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant's Reply Brief
|
| On Behalf Of |
Michael D. Rudolph
|
| View |
View File
|
|
| Docket Date |
2022-11-08
|
| Type |
Order
|
| Subtype |
Order Treating Filing as Brief
|
| Description |
Document Treated as a Brf-Copy of Brf Att ~ The document entitled answer brief docketed October 20, 2022, by the appellee is treated by the Court as the answer brief of appellee as of this date. Any responsive brief is due within 30 days from the date of this order. A copy of the brief is attached to appellant's copy of this order.
|
|
| Docket Date |
2022-10-20
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix ~ Appendix to AB
|
| On Behalf Of |
Darien Smith
|
|
| Docket Date |
2022-10-12
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice ~ that case is ripe for decision
|
| On Behalf Of |
Michael D. Rudolph
|
|
| Docket Date |
2022-09-07
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
Michael D. Rudolph
|
| View |
View File
|
|
| Docket Date |
2022-09-07
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion/Request for Oral Argument
|
| Description |
Motion For Oral Argument
|
| On Behalf Of |
Michael D. Rudolph
|
|
| Docket Date |
2022-08-16
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
Grant Initial Brief Extension ~ The Court grants Appellant’s August 12, 2022, motion for an extension of time to serve the initial brief. Appellants shall serve the brief on or before September 9, 2022.
|
|
| Docket Date |
2022-08-12
|
| 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 |
Michael D. Rudolph
|
|
| Docket Date |
2022-07-13
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ 703 pages
|
|
| Docket Date |
2022-06-29
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice ~ of failure to deposit estimated cost of preparation of record
|
|
| Docket Date |
2022-06-03
|
| Type |
Misc. Events
|
| Subtype |
Docketing Statement
|
| Description |
Docketing Statement
|
| On Behalf Of |
Michael D. Rudolph
|
|
| Docket Date |
2022-05-30
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Darien Smith
|
|
| Docket Date |
2022-05-27
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Worker's Compensation / Acknowledgement letter ~ The First District Court of Appeal has received the Notice of Appeal in this Workers’ Compensation action, filed in this Court on May 26, 2022, and in the lower tribunal on May 26, 2022.
|
|
| Docket Date |
2022-05-26
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
| On Behalf Of |
Michael D. Rudolph
|
|
| Docket Date |
2022-05-26
|
| Type |
Notice
|
| Subtype |
Notice of Appeal Transmittal Form
|
| Description |
Notice of Appeal Transmittal Form
|
| On Behalf Of |
Edward R. Almeyda
|
|
| Docket Date |
2022-10-20
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief
|
| On Behalf Of |
Darien Smith
|
| View |
View File
|
|
| Docket Date |
2022-06-02
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
Appeal-Pay Fee/Submit LT Ord of Insolv ($300) ~ Appellant has filed a notice of appeal in the lower tribunal without the entry of an order of insolvency or deposit of the statutory filing fee. Accordingly, Appellant shall, within 30 days from the date of this order, either file a certified copy of the lower tribunal's order of insolvency for appellate purposes as required by Florida Rule of Appellate Procedure 9.430 or pay to the clerk of this Court the sum of $300.00 as the appellate filing fee required by the applicable rule of procedure and Section 35.22(2)(a), Florida Statutes (2018). If Appellant seeks a waiver of the filing fee on the grounds of indigency, Appellant shall file a motion and affidavit of indigency with the clerk of the lower tribunal (the court, agency, officer, board, commission, or body whose order is to be reviewed) for a determination by the lower tribunal of whether an order of insolvency should be issued pursuant to Rule 9.430 and Section 57.081(1) or 57.085(2), Florida Statutes (2018), as applicable.This appeal shall not proceed until the order of insolvency is filed or the fee is paid. Failure to comply with this order will result in the dismissal of this case without further opportunity to be heard. Florida Rule of Appellate Procedure 9.410.
|
|
|
|
WIELAND CORPORATION VS VENETIAN MULTI FAMILY, LLC, ET AL.,
|
2D2022-1325
|
2022-04-25
|
Closed
|
|
| Classification |
Original Proceedings - Circuit Civil - Certiorari
|
| Court |
2nd District Court of Appeal
|
| Originating Court |
Circuit Court for the Twentieth Judicial Circuit, Lee County
19-CA-4395
|
Parties
| Name |
WIELAND CORPORATION
|
| Role |
Petitioner
|
| Status |
Active
|
| Representations |
MATTHEW B. GREETHAM, ESQ., HUGH D. HIGGINS, ESQ., ALEXANDER R. ALLRED, ESQ., RANDELL H. ROWE, IV, ESQ.
|
|
| Name |
VENETIAN MULTI FAMILY, LLC
|
| Role |
Respondent
|
| Status |
Active
|
| Representations |
ANTHONY JAGLAL, ESQ., GUY W. HARRISON, ESQ., JOHN A. CHIOCCA, ESQ., ASHLEY M. MATTINGLY, ESQ., ANDREW P. THOMPSON, ESQ., SCOTT A. RICHARDS, ESQ., ALANA ZORRILLA-GASTON, ESQ., JENNIFER MARINO, ESQ., MICHAEL J. SHUMAN, ESQ., BRIAN G. KELLEY, ESQ., BRADLEY RYAN WEISS, ESQ., CHERYL L. WORMAN, ESQ., RICHARD SHANE, ESQ., MATTHEW M. TONUZI, ESQ., DENISE M. ANDERSON, ESQ., SCOTT D. KRAVETZ, ESQ., MORGAN L. SWING, ESQ.
|
|
| Name |
LATITE ROOFING AND SHEET METAL, LLC
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
LIBERTY MUTUAL INSURANCE COMPANY
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
CRAWFORD LANDSCAPING GOUP, LLC
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
HONORABLE ALANE LABODA
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
LEE CLERK
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2022-07-06
|
| Type |
Order
|
| Subtype |
Order on Motion/Request for Oral Argument
|
| Description |
Amended OA Request Permitted ~ A request for oral argument has been filed in this case. Within five days from the date of this order, any party may file a request that the argument be conducted by video. The manner of oral argument will be decided in the court's discretion. A video request must state the reason in support, and it must indicate that the requesting party has consulted opposing counsel and is authorized to represent that opposing counsel either has no objection or will file an objection. A party objecting to a request to conduct oral argument by video must file a response within five days after service of the request.
|
|
| Docket Date |
2022-07-06
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion/Request for Oral Argument
|
| Description |
Request for Oral Argument
|
| On Behalf Of |
WIELAND CORPORATION
|
|
| Docket Date |
2022-12-07
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2022-11-18
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2022-10-26
|
| Type |
Disposition
|
| Subtype |
Denied
|
| Description |
Denied - PC Denied
|
|
| Docket Date |
2022-10-18
|
| Type |
Misc. Events
|
| Subtype |
Oral Argument Date Set
|
| Description |
Oral Argument Date Set ~ Remote
|
|
| Docket Date |
2022-07-11
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ RESPONDENT VENETIAN MULTI FAMILY, LLC'S RESPONSE TO COURT ORDER REGARDING MANNER OF ORAL ARGUMENT
|
| On Behalf Of |
VENETIAN MULTI FAMILY, LLC
|
|
| Docket Date |
2022-06-30
|
| Type |
Misc. Events
|
| Subtype |
Status Report
|
| Description |
Status Report ~ PETITIONER'S STATUS REPORT AS TO TRIAL DATE
|
| On Behalf Of |
WIELAND CORPORATION
|
|
| Docket Date |
2022-06-29
|
| Type |
Response
|
| Subtype |
Reply
|
| Description |
REPLY ~ PETITIONER'S REPLY TO VENETIAN MULTI FAMILY, LLC'S RESPONSE TO PETITION FOR WRIT OF CERTIORARI
|
| On Behalf Of |
WIELAND CORPORATION
|
|
| Docket Date |
2022-05-31
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ VENETIAN MULTI FAMILY, LLC'S RESPONSE TO PETITION FOR WRIT OF CERTIORARI
|
| On Behalf Of |
VENETIAN MULTI FAMILY, LLC
|
|
| Docket Date |
2022-05-31
|
| Type |
Record
|
| Subtype |
Appendix to Response
|
| Description |
APPENDICES /ATTACHMENTS TO RESPONSE
|
| On Behalf Of |
VENETIAN MULTI FAMILY, LLC
|
|
| Docket Date |
2022-04-28
|
| Type |
Order
|
| Subtype |
Order to Respond to Petition
|
| Description |
certiorari response - pretrial ~ Respondents shall serve a response to the petition for writ of certiorari within 30days. Petitioner may serve a reply within 30 days thereafter.The parties shall keep this court apprised of all hearings or trial dates that mayaffect this proceeding.
|
|
| Docket Date |
2022-04-25
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter 1
|
|
| Docket Date |
2022-04-25
|
| Type |
Petition
|
| Subtype |
Petition
|
| Description |
Petition Filed
|
| On Behalf Of |
WIELAND CORPORATION
|
|
| Docket Date |
2022-04-25
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
ORIGINAL APPENDIX OR ATTACHMENT
|
| On Behalf Of |
WIELAND CORPORATION
|
|
| Docket Date |
2022-04-25
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2022-08-16
|
| Type |
Order
|
| Subtype |
Order Re: Video Oral Argument
|
| Description |
OA Notice Video ~ This case is provisionally set for oral argument on TUESDAY, OCTOBER 18, 2022, at 9:30 A.M., before: Judge Darryl C. Casanueva, Judge Craig C. Villanti, Judge J. Andrew Atkinson. The oral argument will be conducted by video conference. The court calendars can be viewed on this court’s website at www.2dca.org. Counsel or parties are requested to sign in by fifteen minutes prior to the time listed above.The panel is subject to change without notice. Should the assigned panel of judges decide that the court will not benefit from oral argument, the attorneys or parties will be notified by order no less than two weeks before the scheduled date. If this is a criminal proceeding where a victim, as defined in article I, section 16(e), Florida Constitution, has invoked their right to notice under article I, section 16(b)(6), the State is directed to provide the victim with notice of this oral argument and of any changes to the scheduled date.Please review the notice regarding oral argument in the Second District Court of Appeal. A copy has been furnished with this order and may also be found on this court’s website.Within ten days from the date of this order, any attorney or party who will be presenting argument is requested to provide the Clerk of the Court with the email address where the video invitation should be sent and a telephone number. This information may be sent by email to 2dcaClerk@flcourts.org. The Clerk of the Court will provide each participant with connection instructions, including the opportunity for a test session, before the argument.
|
|
|
|
W P AUTO SALES, INC. VS LIBERTY MUTUAL INSURANCE COMPANY AND LENNAR HOMES, LLC
|
6D2023-0299
|
2022-03-16
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
6th District Court of Appeal
|
| Originating Court |
Circuit Court for the Tenth Judicial Circuit, Polk County
19-CA-3463
|
Parties
| Name |
W P AUTO SALES INC
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Craig M. Spanjers, Esq.
|
|
| Name |
LIBERTY MUTUAL INSURANCE COMPANY
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
DARA LINDQUIST, ESQ., CHARLOTTE L. WARREN, ESQ., JOSEPH H. LANG, JR., ESQ.
|
|
| Name |
LENNAR HOMES, LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
HON. JAMES A. YANCEY
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
STACY BUTTERFIELD, CLERK
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2023-07-17
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2023-05-03
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2023-04-13
|
| Type |
Order
|
| Subtype |
Order on Motion For Attorney's Fees
|
| Description |
ORDER GRANTING ATTORNEY'S FEES (F1) ~ Appellee, Liberty Mutual Insurance Company’s motion for attorney fees filed on July 12, 2022, is granted and the above-style cause is hereby remanded to the trial court pursuant to Fla. R. App. P. 9.400(b) to determine amount.Appellee, Lennar Homes, LLC’s motion for attorney fees filed on July 12, 2022, is provisionally granted, subject to the significant issues test following remand. See Marocco v. Brabec, 299 So. 3d 416 (Fla. 1st DCA 2019).Appellant, W.P. Auto Sales, Inc.’s motion for attorney fees filed on August10, 2022, is provisionally granted, subject to the significant issues test following remand. See Marocco v. Brabec, 299 So. 3d 416 (Fla. 1st DCA 2019).
|
|
| Docket Date |
2023-04-11
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed - Per Curiam Affirmed
|
|
| Docket Date |
2023-03-16
|
| Type |
Misc. Events
|
| Subtype |
Oral Argument Date Set
|
| Description |
Oral Argument Date Set ~ 6DCA
|
|
| Docket Date |
2023-02-24
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice ~ NOTICE OF DESIGNATION OF ORAL ARGUMENT ADVOCATE
|
| On Behalf Of |
LIBERTY MUTUAL INSURANCE COMPANY
|
|
| Docket Date |
2023-02-16
|
| Type |
Order
|
| Subtype |
Zoom Instructions-OA
|
| Description |
ZOOM INSTRUCTIONS-ORAL ARGUMENTS ~ NOTICE TO ATTORNEYS AND SELF-REPRESENTED PARTIES REGARDING REMOTE (ZOOM) ORAL ARGUMENT
|
|
| Docket Date |
2023-02-16
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
NOTICE OF ORAL ARGUMENT VIA ZOOM ~ The Court has set oral argument in this case as a remote oral argument by audio-video communication technology (Zoom) on March 16, 2023, at 9:00 am. Oral arguments are currently scheduled before judges Jay P. Cohen, Carrie Ann Wozniak, and Jared E. Smith.No later than fourteen (14) days prior to the scheduled remote video oral argument, each party shall file with this Court a written designation, identifying by name and e-mail address the attorney or party (if not represented by counsel) who will argue the case on that party’s behalf. The Court will provide a separate notice regarding technical requirements and instructions for participating in the remote video oral argument.
|
|
| Docket Date |
2023-01-03
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter 1
|
|
| Docket Date |
2022-12-30
|
| Type |
Disposition by Order
|
| Subtype |
Transferred
|
| Description |
Transfer to Sixth DCA
|
|
| Docket Date |
2022-09-07
|
| Type |
Order
|
| Subtype |
Order on Motion For Leave To File Amended Brief
|
| Description |
Grant Motion File Amended Brief-12c ~ Appellees’ motion for leave to file a second amended answer brief for thepurpose of updating the citations to the page numbers in appellant's second amendedinitial brief is granted. The second amended answer brief filed August 22, 2022, isaccepted and the amended answer brief deemed filed on July 27, 2022, is stricken.The appendix to the original answer brief filed on July 12, 2022, shall serve as theappendix to the second amended answer brief.
|
|
| Docket Date |
2022-08-22
|
| Type |
Motions Relating to Briefs
|
| Subtype |
Motion to Amend Brief
|
| Description |
Motion For Leave To File Amended Brief ~ APPELLEES' MOTION FOR LEAVE TO FILE SECOND AMENDED ANSWER BRIEF, AND TO STRIKE AMENDED ANSWER BRIEF
|
| On Behalf Of |
LIBERTY MUTUAL INSURANCE COMPANY
|
|
| Docket Date |
2022-08-22
|
| Type |
Brief
|
| Subtype |
Amended Answer Brief
|
| Description |
Amended Appellee Answer Brief ~ SECOND AMENDED ANSWER BRIEF OF DEFENDANTS ATTACHED TO MOTION FOR LEAVE TO FILED AMENDED BRIEF
|
| On Behalf Of |
LIBERTY MUTUAL INSURANCE COMPANY
|
|
| Docket Date |
2022-08-18
|
| Type |
Order
|
| Subtype |
Order on Motion For Leave To File Amended Brief
|
| Description |
Grant Motion File Amended Brief-12c ~ Appellant W P Auto Sales, Inc.'s Motion for Leave to File Second Amended Initial Brief is granted, and the second amended initial brief attached to the motion is accepted as filed. The amended initial brief filed July 15, 2022, is stricken. Appellee's Motion for Leave to File Amended Answer Brief, and to Strike Original Answer Brief is granted. The amended answer brief attached to the motion for leave to amend is accepted as filed on July 27, 2022. The original answer brief filed July 12, 2022, is stricken. The appendix to answer brief filed July 12, 2022, shall serve as the appendix to the amended answer brief.
|
|
| Docket Date |
2022-08-17
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ APPELLEES' RESPONSE TO APPELLANT'S MOTION FOR APPELLATE ATTORNEY'S FEES
|
| On Behalf Of |
LIBERTY MUTUAL INSURANCE COMPANY
|
|
| Docket Date |
2022-08-12
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion/Request for Oral Argument
|
| Description |
Request for Oral Argument ~ APPELLEES' REQUEST FOR ORAL ARGUMENT BY VIDEO
|
| On Behalf Of |
LIBERTY MUTUAL INSURANCE COMPANY
|
|
| Docket Date |
2022-08-11
|
| Type |
Order
|
| Subtype |
Order on Motion/Request for Oral Argument
|
| Description |
Amended OA Request Permitted ~ A request for oral argument has been filed in this case. Within five days from the date of this order, any party may file a request that the argument be conducted by video. The manner of oral argument will be decided in the court's discretion. A video request must state the reason in support, and it must indicate that the requesting party has consulted opposing counsel and is authorized to represent that opposing counsel either has no objection or will file an objection. A party objecting to a request to conduct oral argument by video must file a response within five days after service of the request.
|
|
| Docket Date |
2022-08-10
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees ~ Appellant, W.P. Auto Sales, Inc.'s motion for attorney fees filed on August10, 2022, is provisionally granted, subject to the significant issues testfollowing remand. See Marocco v. Brabec, 299 So. 3d 416 (Fla. 1st DCA 2019).
|
| On Behalf Of |
W P AUTO SALES, INC.
|
|
| Docket Date |
2022-08-10
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant Reply Brief
|
| On Behalf Of |
W P AUTO SALES, INC.
|
|
| Docket Date |
2022-08-10
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion/Request for Oral Argument
|
| Description |
Request for Oral Argument
|
| On Behalf Of |
W P AUTO SALES, INC.
|
|
| Docket Date |
2022-08-02
|
| Type |
Brief
|
| Subtype |
Amended Initial Brief
|
| Description |
Amended Appellant Initial Brief ~ Attached to Motion for Leave to File Amended Brief
|
| On Behalf Of |
W P AUTO SALES, INC.
|
|
| Docket Date |
2022-08-02
|
| Type |
Motions Relating to Briefs
|
| Subtype |
Motion to Amend Brief
|
| Description |
Motion For Leave To File Amended Brief
|
| On Behalf Of |
W P AUTO SALES, INC.
|
|
| Docket Date |
2022-07-28
|
| Type |
Order
|
| Subtype |
Order on Motion To Strike
|
| Description |
Grant Motion to Strike ~ Appellant, W P Auto Sales, Inc.'s Motion to Strike its Original Initial Brief is granted, and the initial brief filed May 20, 2022, is stricken.
|
|
| Docket Date |
2022-07-27
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
Miscellaneous Motion ~ APPELLEES' MOTION FOR LEAVE TO FILE AMENDED ANSWERBRIEF, AND TO STRIKE ORIGINAL ANSWER BRIEF
|
| On Behalf Of |
LIBERTY MUTUAL INSURANCE COMPANY
|
|
| Docket Date |
2022-07-27
|
| Type |
Brief
|
| Subtype |
Amended Answer Brief
|
| Description |
Amended Appellee Answer Brief ~ Attached to Miscellaneous Motion "APPELLEES' MOTION FOR LEAVE TO FILE AMENDED ANSWER BRIEF, AND TO STRIKE ORIGINAL ANSWER BRIEF"
|
| On Behalf Of |
LIBERTY MUTUAL INSURANCE COMPANY
|
|
| Docket Date |
2022-07-15
|
| Type |
Brief
|
| Subtype |
Amended Initial Brief
|
| Description |
Amended Appellant Initial Brief ~ **STRICKEN**
|
| On Behalf Of |
W P AUTO SALES, INC.
|
|
| Docket Date |
2022-07-15
|
| Type |
Motions Other
|
| Subtype |
Motion To Strike
|
| Description |
Motion To Strike ~ AMENDED APPELLANT, W P AUTO SALES, INC.'S MOTION TO STRIKE ITS ORIGINAL INITIAL BRIEF
|
| On Behalf Of |
W P AUTO SALES, INC.
|
|
| Docket Date |
2022-07-12
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees ~ Appellee, Liberty Mutual Insurance Company's motion for attorney feesfiled on July 12, 2022, is granted and the above-style cause is herebyremanded to the trial court pursuant to Fla. R. App. P. 9.400(b) to determineamount.Appellee, Lennar Homes, LLC's motion for attorney fees filed on July 12,2022, is provisionally granted, subject to the significant issues test followingremand. See Marocco v. Brabec, 299 So. 3d 416 (Fla. 1st DCA 2019).
|
| On Behalf Of |
LIBERTY MUTUAL INSURANCE COMPANY
|
|
| Docket Date |
2022-07-12
|
| Type |
Brief
|
| Subtype |
Appendix
|
| Description |
Appendix for Answer Brief
|
| On Behalf Of |
LIBERTY MUTUAL INSURANCE COMPANY
|
|
| Docket Date |
2022-06-24
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ YANCEY - CORRECTED - REDACTED - 2585 PAGES
|
|
| Docket Date |
2022-06-21
|
| Type |
Order
|
| Subtype |
Order on Motion to Amend/Correct Record
|
| Description |
ORD-ALLOW RECORD T/B CORRECTED ~ The Joint Stipulation to Supplement or Correct the Record on Appeal is granted, and appellant shall make arrangements within three days with the clerk of the lower tribunal for the supplementation of the record with the items mentioned in the motion, with the supplemental record to be filed in this court within twenty-five days from the date of this order. Upon the filing of the supplemental record, Appellant shall serve an amended initial brief for the limited purpose of including citations to the supplemental record, together with a motion to strike the original brief.
|
|
| Docket Date |
2022-05-27
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Stipulation for Extension of Time ~ NOTICE OF AGREED EXTENSION//30 - AB DUE 7/19/22
|
| On Behalf Of |
LIBERTY MUTUAL INSURANCE COMPANY
|
|
| Docket Date |
2022-05-26
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance ~ NOTICE OF APPERANCE AND DESIGNATION OF E-MAILADDRESSES FOR SERVICE OF COURT DOCUMENTS BYCOUNSEL FOR APPELLEES LENNAR HOMES, LLC AND LIBERTYMUTUAL INSURANCE COMPANY
|
| On Behalf Of |
LIBERTY MUTUAL INSURANCE COMPANY
|
|
| Docket Date |
2022-05-20
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Appellant Brief on Merits ~ **STRICKEN**
|
| On Behalf Of |
W P AUTO SALES, INC.
|
|
| Docket Date |
2022-05-19
|
| Type |
Record
|
| Subtype |
Appendix to Motion
|
| Description |
ALL OTHER MOTIONS APPENDIX/ATTACHMENT
|
| On Behalf Of |
W P AUTO SALES, INC.
|
|
| Docket Date |
2022-05-19
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion to Amend/Correct Record
|
| Description |
Motion To Correct the Record ~ JOINT STIPULATION TO SUPPLEMENT OR CORRECT THE RECORD ON APPEAL
|
| On Behalf Of |
W P AUTO SALES, INC.
|
|
| Docket Date |
2022-05-17
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ YANCEY - REDACTED - 2580 PAGES
|
|
| Docket Date |
2022-03-23
|
| Type |
Misc. Events
|
| Subtype |
Certificate of Service
|
| Description |
Certificate of Service ~ AMENDED CERTIFICATE OF SERVICE FOR NOTICE OF APPEAL
|
| On Behalf Of |
W P AUTO SALES, INC.
|
|
| Docket Date |
2022-03-23
|
| Type |
Order
|
| Subtype |
Invite Dismissal of Partial Judgment
|
| Description |
invite dismissal of partial judgment
|
|
| Docket Date |
2022-03-23
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter 1 ~ AMENDED
|
|
| Docket Date |
2022-03-22
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid through Portal
|
| On Behalf Of |
W P AUTO SALES, INC.
|
|
| Docket Date |
2022-03-17
|
| Type |
Order
|
| Subtype |
Amended/Additional Filing(s) Needed
|
| Description |
Order to Amend Cert. of Service; Mailing Addresses
|
|
| Docket Date |
2022-03-17
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter 1
|
|
| Docket Date |
2022-03-16
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2022-03-16
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed ~ W/ORDER APPEALED
|
| On Behalf Of |
W P AUTO SALES, INC.
|
|
|
|
W P AUTO SALES, INC. VS LIBERTY MUTUAL INSURANCE COMPANY AND LENNAR HOMES, LLC
|
2D2022-0823
|
2022-03-16
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
2nd District Court of Appeal
|
| Originating Court |
Circuit Court for the Tenth Judicial Circuit, Polk County
19-CA-3463
|
Parties
| Name |
W P AUTO SALES INC
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Craig M. Spanjers, Esq.
|
|
| Name |
LIBERTY MUTUAL INSURANCE COMPANY
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
JOSEPH H. LANG, JR., ESQ., DARA LINDQUIST, ESQ., CHARLOTTE L. WARREN, ESQ.
|
|
| Name |
LENNAR HOMES, LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
POLK CLERK
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
| Name |
HON. JAMES A. YANCEY
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2022-12-30
|
| Type |
Disposition
|
| Subtype |
Transferred
|
| Description |
Transferred - Order by Judge ~ TRANSFERRED TO SIXTH DCA
|
|
| Docket Date |
2022-12-30
|
| Type |
Disposition by Order
|
| Subtype |
Transferred
|
| Description |
Transfer to Sixth DCA
|
|
| Docket Date |
2022-09-07
|
| Type |
Order
|
| Subtype |
Order on Motion For Leave To File Amended Brief
|
| Description |
Grant Motion File Amended Brief-12c ~ Appellees’ motion for leave to file a second amended answer brief for thepurpose of updating the citations to the page numbers in appellant's second amendedinitial brief is granted. The second amended answer brief filed August 22, 2022, isaccepted and the amended answer brief deemed filed on July 27, 2022, is stricken.The appendix to the original answer brief filed on July 12, 2022, shall serve as theappendix to the second amended answer brief.
|
|
| Docket Date |
2022-08-22
|
| Type |
Motions Relating to Briefs
|
| Subtype |
Motion to Amend Brief
|
| Description |
Motion For Leave To File Amended Brief ~ APPELLEES' MOTION FOR LEAVE TO FILE SECOND AMENDED ANSWER BRIEF, AND TO STRIKE AMENDED ANSWER BRIEF
|
| On Behalf Of |
LIBERTY MUTUAL INSURANCE COMPANY
|
|
| Docket Date |
2022-08-22
|
| Type |
Brief
|
| Subtype |
Amended Answer Brief
|
| Description |
Amended Appellee Answer Brief ~ SECOND AMENDED ANSWER BRIEF OF DEFENDANTS ATTACHED TO MOTION FOR LEAVE TO FILED AMENDED BRIEF
|
| On Behalf Of |
LIBERTY MUTUAL INSURANCE COMPANY
|
|
| Docket Date |
2022-08-18
|
| Type |
Order
|
| Subtype |
Order on Motion For Leave To File Amended Brief
|
| Description |
Grant Motion File Amended Brief-12c ~ Appellant W P Auto Sales, Inc.'s Motion for Leave to File Second Amended Initial Brief is granted, and the second amended initial brief attached to the motion is accepted as filed. The amended initial brief filed July 15, 2022, is stricken. Appellee's Motion for Leave to File Amended Answer Brief, and to Strike Original Answer Brief is granted. The amended answer brief attached to the motion for leave to amend is accepted as filed on July 27, 2022. The original answer brief filed July 12, 2022, is stricken. The appendix to answer brief filed July 12, 2022, shall serve as the appendix to the amended answer brief.
|
|
| Docket Date |
2022-08-17
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ APPELLEES' RESPONSE TO APPELLANT'S MOTION FOR APPELLATE ATTORNEY'S FEES
|
| On Behalf Of |
LIBERTY MUTUAL INSURANCE COMPANY
|
|
| Docket Date |
2022-08-12
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion/Request for Oral Argument
|
| Description |
Request for Oral Argument ~ APPELLEES' REQUEST FOR ORAL ARGUMENT BY VIDEO
|
| On Behalf Of |
LIBERTY MUTUAL INSURANCE COMPANY
|
|
| Docket Date |
2022-08-11
|
| Type |
Order
|
| Subtype |
Order on Motion/Request for Oral Argument
|
| Description |
Amended OA Request Permitted ~ A request for oral argument has been filed in this case. Within five days from the date of this order, any party may file a request that the argument be conducted by video. The manner of oral argument will be decided in the court's discretion. A video request must state the reason in support, and it must indicate that the requesting party has consulted opposing counsel and is authorized to represent that opposing counsel either has no objection or will file an objection. A party objecting to a request to conduct oral argument by video must file a response within five days after service of the request.
|
|
| Docket Date |
2022-08-10
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion/Request for Oral Argument
|
| Description |
Request for Oral Argument
|
| On Behalf Of |
W P AUTO SALES, INC.
|
|
| Docket Date |
2022-08-10
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant Reply Brief
|
| On Behalf Of |
W P AUTO SALES, INC.
|
|
| Docket Date |
2022-08-10
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
|
| On Behalf Of |
W P AUTO SALES, INC.
|
|
| Docket Date |
2022-08-02
|
| Type |
Motions Relating to Briefs
|
| Subtype |
Motion to Amend Brief
|
| Description |
Motion For Leave To File Amended Brief
|
| On Behalf Of |
W P AUTO SALES, INC.
|
|
| Docket Date |
2022-08-02
|
| Type |
Brief
|
| Subtype |
Amended Initial Brief
|
| Description |
Amended Appellant Initial Brief ~ Attached to Motion for Leave to File Amended Brief
|
| On Behalf Of |
W P AUTO SALES, INC.
|
|
| Docket Date |
2022-07-28
|
| Type |
Order
|
| Subtype |
Order on Motion To Strike
|
| Description |
Grant Motion to Strike ~ Appellant, W P Auto Sales, Inc.'s Motion to Strike its Original Initial Brief is granted, and the initial brief filed May 20, 2022, is stricken.
|
|
| Docket Date |
2022-07-27
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
Miscellaneous Motion ~ APPELLEES' MOTION FOR LEAVE TO FILE AMENDED ANSWERBRIEF, AND TO STRIKE ORIGINAL ANSWER BRIEF
|
| On Behalf Of |
LIBERTY MUTUAL INSURANCE COMPANY
|
|
| Docket Date |
2022-07-27
|
| Type |
Brief
|
| Subtype |
Amended Answer Brief
|
| Description |
Amended Appellee Answer Brief ~ Attached to Miscellaneous Motion "APPELLEES' MOTION FOR LEAVE TO FILE AMENDED ANSWER BRIEF, AND TO STRIKE ORIGINAL ANSWER BRIEF"
|
| On Behalf Of |
LIBERTY MUTUAL INSURANCE COMPANY
|
|
| Docket Date |
2022-07-15
|
| Type |
Brief
|
| Subtype |
Amended Initial Brief
|
| Description |
Amended Appellant Initial Brief ~ **STRICKEN**
|
| On Behalf Of |
W P AUTO SALES, INC.
|
|
| Docket Date |
2022-07-15
|
| Type |
Motions Other
|
| Subtype |
Motion To Strike
|
| Description |
Motion To Strike ~ AMENDED APPELLANT, W P AUTO SALES, INC.'S MOTION TO STRIKE ITS ORIGINAL INITIAL BRIEF
|
| On Behalf Of |
W P AUTO SALES, INC.
|
|
| Docket Date |
2022-07-12
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
|
| On Behalf Of |
LIBERTY MUTUAL INSURANCE COMPANY
|
|
| Docket Date |
2022-07-12
|
| Type |
Brief
|
| Subtype |
Appendix
|
| Description |
Appendix for Answer Brief
|
| On Behalf Of |
LIBERTY MUTUAL INSURANCE COMPANY
|
|
| Docket Date |
2022-06-24
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ YANCEY - CORRECTED - REDACTED - 2585 PAGES
|
|
| Docket Date |
2022-06-21
|
| Type |
Order
|
| Subtype |
Order on Motion to Amend/Correct Record
|
| Description |
ORD-ALLOW RECORD T/B CORRECTED ~ The Joint Stipulation to Supplement or Correct the Record on Appeal is granted, and appellant shall make arrangements within three days with the clerk of the lower tribunal for the supplementation of the record with the items mentioned in the motion, with the supplemental record to be filed in this court within twenty-five days from the date of this order. Upon the filing of the supplemental record, Appellant shall serve an amended initial brief for the limited purpose of including citations to the supplemental record, together with a motion to strike the original brief.
|
|
| Docket Date |
2022-05-27
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Stipulation for Extension of Time ~ NOTICE OF AGREED EXTENSION//30 - AB DUE 7/19/22
|
| On Behalf Of |
LIBERTY MUTUAL INSURANCE COMPANY
|
|
| Docket Date |
2022-05-26
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance ~ NOTICE OF APPERANCE AND DESIGNATION OF E-MAILADDRESSES FOR SERVICE OF COURT DOCUMENTS BYCOUNSEL FOR APPELLEES LENNAR HOMES, LLC AND LIBERTYMUTUAL INSURANCE COMPANY
|
| On Behalf Of |
LIBERTY MUTUAL INSURANCE COMPANY
|
|
| Docket Date |
2022-05-20
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Appellant Brief on Merits ~ **STRICKEN**
|
| On Behalf Of |
W P AUTO SALES, INC.
|
|
| Docket Date |
2022-05-19
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion to Amend/Correct Record
|
| Description |
Motion To Correct the Record ~ JOINT STIPULATION TO SUPPLEMENT OR CORRECT THE RECORD ON APPEAL
|
| On Behalf Of |
W P AUTO SALES, INC.
|
|
| Docket Date |
2022-05-19
|
| Type |
Record
|
| Subtype |
Appendix to Motion
|
| Description |
ALL OTHER MOTIONS APPENDIX/ATTACHMENT
|
| On Behalf Of |
W P AUTO SALES, INC.
|
|
| Docket Date |
2022-05-17
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ YANCEY - REDACTED - 2580 PAGES
|
|
| Docket Date |
2022-03-23
|
| Type |
Misc. Events
|
| Subtype |
Certificate of Service
|
| Description |
Certificate of Service ~ AMENDED CERTIFICATE OF SERVICE FOR NOTICE OF APPEAL
|
| On Behalf Of |
W P AUTO SALES, INC.
|
|
| Docket Date |
2022-03-23
|
| Type |
Order
|
| Subtype |
Invite Dismissal of Partial Judgment
|
| Description |
invite dismissal of partial judgment
|
|
| Docket Date |
2022-03-23
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter 1 ~ AMENDED
|
|
| Docket Date |
2022-03-22
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid through Portal
|
| On Behalf Of |
W P AUTO SALES, INC.
|
|
| Docket Date |
2022-03-17
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
fee - civil; atty
|
|
| Docket Date |
2022-03-17
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter 1
|
|
| Docket Date |
2022-03-16
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed ~ W/ORDER APPEALED
|
| On Behalf Of |
W P AUTO SALES, INC.
|
|
| Docket Date |
2022-03-16
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
|
|
WIELAND CORPORATION VS VENETIAN MULTI FAMILY, LLC, ET AL.
|
2D2022-0755
|
2022-03-09
|
Closed
|
|
| Classification |
Original Proceedings - Circuit Civil - Certiorari
|
| Court |
2nd District Court of Appeal
|
| Originating Court |
Circuit Court for the Twentieth Judicial Circuit, Lee County
2019-CA-004395
|
Parties
| Name |
WIELAND CORPORATION
|
| Role |
Petitioner
|
| Status |
Active
|
| Representations |
MATTHEW B. GREETHAM, ESQ., HUGH D. HIGGINS, ESQ., RANDELL H. ROWE, IV, ESQ., ALEXANDER R. ALLRED, ESQ.
|
|
| Name |
VENETIAN MULTI FAMILY, LLC
|
| Role |
Respondent
|
| Status |
Active
|
| Representations |
ANTHONY JAGLAL, ESQ., ASHLEY M. MATTINGLY, ESQ., BRADLEY RYAN WEISS, ESQ., ANDREW P. THOMPSON, ESQ., MORGAN L. SWING, ESQ., BRIAN G. KELLEY, ESQ., RICHARD SHANE, ESQ., CHERYL L. WORMAN, ESQ., SCOTT D. KRAVETZ, ESQ., SCOTT A. RICHARDS, ESQ., MICHAEL J. SHUMAN, ESQ., DENISE M. ANDERSON, ESQ., ALANA ZORRILLA-GASTON, ESQ., MATTHEW M. TONUZI, ESQ., JOHN A. CHIOCCA, ESQ., GUY W. HARRISON, ESQ., JENNIFER MARINO, ESQ.
|
|
| Name |
CRAWFORD LANDSCAPING GOUP, LLC
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
LIBERTY MUTUAL INSURANCE COMPANY
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
LATITE ROOFING AND SHEET METAL, LLC
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
HONORABLE ALANE LABODA
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
LEE CLERK
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2022-12-07
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2022-11-18
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2022-10-26
|
| Type |
Disposition
|
| Subtype |
Denied
|
| Description |
Denied - PC Denied
|
|
| Docket Date |
2022-10-14
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
ORD-SUA SPONTE ~ This court previously canceled the September 28, 2022, oral argument in this case due to court closure caused by Hurricane Ian. This case will now be considered on the parties' briefs and decided without oral argument.
|
|
| Docket Date |
2022-07-06
|
| Type |
Order
|
| Subtype |
Order Re: Video Oral Argument
|
| Description |
OA Notice Video ~ This case is provisionally set for oral argument on WEDNESDAY, SEPTEMBER 28, 2022, at 9:30 A.M., before: Judge Stevan T. Northcutt, Judge Edward C. LaRose, Judge Andrea T. Smith. The oral argument will be conducted by video conference. The court calendars can be viewed on this court’s website at www.2dca.org. Counsel or parties are requested to sign in by fifteen minutes prior to the time listed above.The panel is subject to change without notice. Should the assigned panel of judges decide that the court will not benefit from oral argument, the attorneys or parties will be notified by order no less than two weeks before the scheduled date. If this is a criminal proceeding where a victim, as defined in article I, section 16(e), Florida Constitution, has invoked their right to notice under article I, section 16(b)(6), the State is directed to provide the victim with notice of this oral argument and of any changes to the scheduled date.Please review the notice regarding oral argument in the Second District Court of Appeal. A copy has been furnished with this order and may also be found on this court’s website.Within ten days from the date of this order, any attorney or party who will be presenting argument is requested to provide the Clerk of the Court with the email address where the video invitation should be sent and a telephone number. This information may be sent by email to 2dcaClerk@flcourts.org. The Clerk of the Court will provide each participant with connection instructions, including the opportunity for a test session, before the argument.
|
|
| Docket Date |
2022-06-30
|
| Type |
Misc. Events
|
| Subtype |
Status Report
|
| Description |
Status Report ~ PETITIONER'S STATUS REPORT AS TO TRIAL DATE
|
| On Behalf Of |
WIELAND CORPORATION
|
|
| Docket Date |
2022-06-03
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ RESPONDENT VENETIAN MULTI FAMILY, LLC'S RESPONSE TO COURT ORDER REGARDING MANNER OF ORAL ARGUMENT
|
| On Behalf Of |
VENETIAN MULTI FAMILY, LLC
|
|
| Docket Date |
2022-05-26
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion/Request for Oral Argument
|
| Description |
Request for Oral Argument
|
| On Behalf Of |
WIELAND CORPORATION
|
|
| Docket Date |
2022-05-26
|
| Type |
Order
|
| Subtype |
Order on Motion/Request for Oral Argument
|
| Description |
Amended OA Request Permitted ~ A request for oral argument has been filed in this case. Within five days from the date of this order, any party may file a request that the argument be conducted by video. The manner of oral argument will be decided in the court's discretion. A video request must state the reason in support, and it must indicate that the requesting party has consulted opposing counsel and is authorized to represent that opposing counsel either has no objection or will file an objection. A party objecting to a request to conduct oral argument by video must file a response within five days after service of the request.
|
|
| Docket Date |
2022-05-25
|
| Type |
Response
|
| Subtype |
Reply
|
| Description |
REPLY ~ PETITIONER'S REPLY TO VENETIAN MULTI FAMILY, LLC'S RESPONSE TO PETITION FOR WRIT OF CERTIORARI
|
| On Behalf Of |
WIELAND CORPORATION
|
|
| Docket Date |
2022-04-25
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ RESPONSETO PETITION FOR WRIT OF CERTIORARI
|
| On Behalf Of |
VENETIAN MULTI FAMILY, LLC
|
|
| Docket Date |
2022-04-25
|
| Type |
Record
|
| Subtype |
Appendix to Response
|
| Description |
APPENDICES /ATTACHMENTS TO RESPONSE
|
| On Behalf Of |
VENETIAN MULTI FAMILY, LLC
|
|
| Docket Date |
2022-03-30
|
| Type |
Misc. Events
|
| Subtype |
Status Report
|
| Description |
Status Report ~ PETITIONER'S STATUS REPORT PURSUANT TO COURT ORDER
|
| On Behalf Of |
WIELAND CORPORATION
|
|
| Docket Date |
2022-03-24
|
| Type |
Order
|
| Subtype |
Order to Respond to Petition
|
| Description |
certiorari response - pretrial ~ Respondents shall serve a response to the petition for writ of certiorari within 30days. Petitioner may serve a reply within 30 days thereafter.The parties shall keep this court apprised of all hearings or trial dates that mayaffect this proceeding.
|
|
| Docket Date |
2022-03-10
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter 1
|
|
| Docket Date |
2022-03-09
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
ORIGINAL APPENDIX OR ATTACHMENT
|
| On Behalf Of |
WIELAND CORPORATION
|
|
| Docket Date |
2022-03-09
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2022-03-09
|
| Type |
Petition
|
| Subtype |
Petition Certiorari
|
| Description |
Petition for Certiorari Filed
|
| On Behalf Of |
WIELAND CORPORATION
|
|
|
|
BAKER FAMILY CHIROPRACTIC, LLC A/A/O HAHN DINH VS LIBERTY MUTUAL INSURANCE COMPANY
|
5D2021-3137
|
2021-12-17
|
Closed
|
|
| Classification |
NOA Final - County Small Claims - PIP
|
| Court |
5th District Court of Appeal
|
| Originating Court |
County Court for the Seventh Judicial Circuit, Volusia County
2019-37344-COCI
|
Parties
| Name |
Hahn Dinh
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
BAKER FAMILY CHIROPRACTIC, LLC
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Chad A. Barr, Dalton Lee Gray, William S. England
|
|
| Name |
LIBERTY MUTUAL INSURANCE COMPANY
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Hinda Klein, Lara Judith Edelstein
|
|
| Name |
Hon. Belle Schumann
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Volusia Cty Circuit Crt Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2023-02-27
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2023-02-27
|
| Type |
Record
|
| Subtype |
Returned Records
|
| Description |
Returned Records ~ NO RECORD E-FILED
|
|
| Docket Date |
2023-02-06
|
| Type |
Disposition by Opinion
|
| Subtype |
Reversed
|
| Description |
Reversed - Authored Opinion ~ AND REMANDED
|
|
| Docket Date |
2023-02-06
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Miscellaneous Order ~ M/REHEARING DUE 2/15 BY 5 P.M., RSP DUE 2/21 BY 5 P.M. AND ANY REPLY THERETO DUE 5/23 BY 5 P.M.
|
|
| Docket Date |
2023-01-03
|
| Type |
Notice
|
| Subtype |
Notice of Oral Argument
|
| Description |
Notice of Oral Argument
|
|
| Docket Date |
2022-11-28
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ AA'S OA PREFERENCE
|
| On Behalf Of |
Baker Family Chiropractic, LLC
|
|
| Docket Date |
2022-11-28
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice ~ WRITTEN DESIGNATION REGARDING ORAL ARGUMENT
|
| On Behalf Of |
Baker Family Chiropractic, LLC
|
|
| Docket Date |
2022-11-18
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant's Reply Brief
|
| On Behalf Of |
Baker Family Chiropractic, LLC
|
|
| Docket Date |
2022-10-19
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Reply Brief
|
| Description |
Notice of Agreed Extension - Reply Brief ~ TO 11/18
|
| On Behalf Of |
Baker Family Chiropractic, LLC
|
|
| Docket Date |
2022-09-22
|
| Type |
Notice
|
| Subtype |
Notice of Related Case or Issue
|
| Description |
Notice of Related Case
|
| On Behalf Of |
Liberty Mutual Insurance Company
|
|
| Docket Date |
2022-09-20
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion/Request for Oral Argument
|
| Description |
Request for Oral Argument
|
| On Behalf Of |
Liberty Mutual Insurance Company
|
|
| Docket Date |
2022-09-19
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief
|
| On Behalf Of |
Liberty Mutual Insurance Company
|
|
| Docket Date |
2022-07-27
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
| Description |
Order Grant EOT for Answer Brief ~ ANSWER BRF BY 9/19; ABSENT EXTENUATING CIRCUMSTANCES, ADDITIONAL EXTENSIONS OF TIME WILL BE DENIED.
|
|
| Docket Date |
2022-07-20
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Answer Brief
|
| Description |
Mot. for Extensio of time to file Answer Brief
|
| On Behalf Of |
Liberty Mutual Insurance Company
|
|
| Docket Date |
2022-06-17
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
| Description |
Order Grant EOT for Answer Brief ~ DUE 7/20
|
|
| Docket Date |
2022-06-16
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Answer Brief
|
| Description |
Mot. for Extensio of time to file Answer Brief
|
| On Behalf Of |
Liberty Mutual Insurance Company
|
|
| Docket Date |
2022-06-02
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ TO MOT FOR FEES AND COSTS
|
| On Behalf Of |
Liberty Mutual Insurance Company
|
|
| Docket Date |
2022-05-31
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Baker Family Chiropractic, LLC
|
|
| Docket Date |
2022-05-31
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion/Request for Oral Argument
|
| Description |
Request for Oral Argument
|
| On Behalf Of |
Baker Family Chiropractic, LLC
|
|
| Docket Date |
2022-05-18
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Fees and Cost ~ FOR MERIT PANEL CONSIDERATION
|
| On Behalf Of |
Baker Family Chiropractic, LLC
|
|
| Docket Date |
2022-05-18
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
Baker Family Chiropractic, LLC
|
|
| Docket Date |
2022-05-17
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
Order Grant EOT for Initial Brief ~ INITIAL BRF BY 5/27; ABSENT EXTENUATING CIRCUMSTANCES, ADDITIONAL EXTENSIONS OF TIME WILL BE DENIED.
|
|
| Docket Date |
2022-05-09
|
| 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 |
Baker Family Chiropractic, LLC
|
|
| Docket Date |
2022-03-07
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
| Description |
Notice of Agreed Extension - Initial Brief ~ TO 5/8
|
| On Behalf Of |
Baker Family Chiropractic, LLC
|
|
| Docket Date |
2022-02-11
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ 531 PAGES
|
| On Behalf Of |
Volusia Cty Circuit Crt Clerk
|
|
| Docket Date |
2021-12-28
|
| Type |
Order
|
| Subtype |
Order Declining Referral to Mediation
|
| Description |
ORD- Declining Referral to Mediation
|
|
| Docket Date |
2021-12-27
|
| Type |
Mediation
|
| Subtype |
Confidential Statement
|
| Description |
Confidential Statement ~ AE Hinda Klein 510815
|
| On Behalf Of |
Liberty Mutual Insurance Company
|
|
| Docket Date |
2021-12-21
|
| Type |
Mediation
|
| Subtype |
Confidential Statement
|
| Description |
Confidential Statement ~ AA Chad A. Barr 0055365
|
| On Behalf Of |
Baker Family Chiropractic, LLC
|
|
| Docket Date |
2021-12-20
|
| Type |
Order
|
| Subtype |
Order on Miscellaneous Motion
|
| Description |
Deny Miscellaneous Motion ~ DENIED W/OUT PREJUDICE AS PREMATURE
|
|
| Docket Date |
2021-12-18
|
| Type |
Notice
|
| Subtype |
Amended Notice of Appeal
|
| Description |
Amended Notice of Appeal ~ PER 12/17/21 ORDER
|
| On Behalf Of |
Baker Family Chiropractic, LLC
|
|
| Docket Date |
2021-12-17
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
CASE FILING FEE PAID THROUGH PORTAL
|
|
| Docket Date |
2021-12-17
|
| Type |
Order
|
| Subtype |
Mediation Letter to LT
|
| Description |
Mediation Letter to L.T.
|
|
| Docket Date |
2021-12-17
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed ~ FILED BELOW 10/18/21
|
| On Behalf Of |
Baker Family Chiropractic, LLC
|
|
| Docket Date |
2021-12-17
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgement Letter 1
|
|
| Docket Date |
2021-12-17
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
Miscellaneous Motion ~ FOR CLARIFICATION OF BRIEFING SCHEDULE
|
| On Behalf Of |
Baker Family Chiropractic, LLC
|
|
|
|
Robert Moore, Appellant(s) v. Best Electric Air Conditioning & Plumbing LLC, and Liberty Mutual Insurance, Appellee(s).
|
1D2021-3776
|
2021-12-09
|
Closed
|
|
| Classification |
NOA Final - Workers Compensation - Workers Compensation
|
| Court |
1st District Court of Appeal
|
| Originating Court |
Office of the Judges of Compensation Claims
21-011177FJC
|
Parties
| Name |
ROBERT MOORE, INC.
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Bradley G. Smith, Nicolette E. Tsambis
|
|
| Name |
BEST ELECTRIC, AIR CONDITIONING, & PLUMBING, LLC
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Edward C. Duncan III
|
|
| Name |
LIBERTY MUTUAL INSURANCE COMPANY
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Frank J. Clark
|
| Role |
Judge of Compensation Claims
|
| Status |
Active
|
|
| Name |
Julie Hunsaker WC
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2022-01-14
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Robert Moore
|
|
| Docket Date |
2022-01-14
|
| Type |
Order
|
| Subtype |
Amended/Additional Filing(s) Needed
|
| Description |
Electronic Docketing Statement ~ Appellant has failed to timely efile a completed electronic docketing statement via the Florida Courts E-Filing Portal as required by the Court. A fillable form version of the Docketing Statement is available via a link on the “Documents” tab of the Portal or on this Court’s website at HYPERLINK "https://www.1dca.org/Resources/General-Information" https://www.1dca.org/Resources/General-Information. Failure to file a completed docketing statement within 10 days from the date hereof may result in the imposition of sanctions, including dismissal of the appeal without further opportunity to be heard. Florida Rule of Appellate Procedure 9.410.
|
|
| Docket Date |
2022-02-14
|
| 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 |
Robert Moore
|
|
| Docket Date |
2022-01-20
|
| Type |
Record
|
| Subtype |
Transcript
|
| Description |
Transcript Received ~ 107 pages SEALED
|
|
| Docket Date |
2023-03-07
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
| View |
View File
|
|
| Docket Date |
2023-03-07
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2023-02-16
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed - Per Curiam Affirmed
355 So. 3d 917
|
|
| Docket Date |
2023-02-16
|
| Type |
Order
|
| Subtype |
Order on Motion For Attorney's Fees
|
| Description |
Deny Appellant's Attorney's Fees ~ Appellant's motion docketed February 23, 2022, for attorney's fees is denied.
|
|
| Docket Date |
2022-05-25
|
| Type |
Order
|
| Subtype |
Order on Motion/Request for Oral Argument
|
| Description |
OA Denied ~ Appellant's motion for oral argument docketed February 23, 2022, is denied.
|
|
| Docket Date |
2022-04-08
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant's Reply Brief
|
| On Behalf Of |
Robert Moore
|
|
| Docket Date |
2022-03-24
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief
|
| On Behalf Of |
Best Electric Air Conditioning & Plumbing LLC
|
|
| Docket Date |
2022-02-23
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
|
| On Behalf Of |
Robert Moore
|
|
| Docket Date |
2022-02-23
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion/Request for Oral Argument
|
| Description |
Motion For Oral Argument
|
| On Behalf Of |
Robert Moore
|
|
| Docket Date |
2022-02-23
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
Robert Moore
|
|
| Docket Date |
2022-02-15
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
Grant Initial Brief Extension ~ The Court grants Appellant’s February 14, 2022, motion for an extension of time to serve the initial brief, currently due February 21, 2022. Appellant shall serve the brief on or before February 23, 2022.
|
|
| Docket Date |
2022-01-14
|
| Type |
Misc. Events
|
| Subtype |
Docketing Statement
|
| Description |
Docketing Statement
|
| On Behalf Of |
Robert Moore
|
|
| Docket Date |
2021-12-09
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Worker's Compensation / Acknowledgement letter ~ The First District Court of Appeal has received the Notice of Appeal in this Workers’ Compensation action, filed in this Court on December 9, 2021, and in the lower tribunal on December 9, 2021.
|
|
| Docket Date |
2021-12-09
|
| Type |
Notice
|
| Subtype |
Notice of Appeal Transmittal Form
|
| Description |
Notice of Appeal Transmittal Form
|
| On Behalf Of |
Frank J. Clark
|
|
| Docket Date |
2021-12-09
|
| Type |
Misc. Events
|
| Subtype |
Order Appealed
|
| Description |
Order Appealed
|
| On Behalf Of |
Robert Moore
|
|
|
|
LIBERTY MUTUAL INSURANCE COMPANY VS PAN AM DIAGNOSTIC SERVICES, INC. d/b/a PAN AM DIAGNOSTIC OF ORLANDO a/a/o CLAUDINE JEAN
|
4D2021-2156
|
2021-07-19
|
Closed
|
|
| Classification |
NOA Final - County Small Claims - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
County Court for the Seventeenth Judicial Circuit, Broward County
CONO19-012705
|
Parties
| Name |
LIBERTY MUTUAL INSURANCE COMPANY
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Hinda Klein, Jorge Galavis
|
|
| Name |
PAN AM DIAGNOSTIC SERVICES, INC.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Douglas H. Stein, Michael Koretsky
|
|
| Name |
Pan Am Diagnostic of Orlando
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Claudine Jean
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Hon. John D. Fry
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Broward
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2022-10-14
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2022-10-14
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2022-09-27
|
| Type |
Order
|
| Subtype |
Order on Motion For Clarification
|
| Description |
Deny Certification of Cause to S.C. ~ ORDERED that the appellee's August 30, 2022 motion to certify to the Supreme Court is denied.
|
|
| Docket Date |
2022-09-20
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response
|
| On Behalf Of |
Liberty Mutual Insurance Company
|
|
| Docket Date |
2022-09-15
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to File Response
|
| Description |
Grant EOT to file Response ~ ORDERED that appellant's September 14, 2022 motion for extension is granted, and the time for filing a response to appellee’s motion is extended five (5) days from the date of this order.
|
|
| Docket Date |
2022-09-14
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to File Response
|
| Description |
Motion for Extension of Time to File Response
|
| On Behalf Of |
Liberty Mutual Insurance Company
|
|
| Docket Date |
2022-08-30
|
| Type |
Notice
|
| Subtype |
Suggestion for Immediate Resolution by FSC 9.125
|
| Description |
Motion Suggest to Cert. Cause to S.C.
|
| On Behalf Of |
Clerk - Broward
|
|
| Docket Date |
2022-08-17
|
| Type |
Disposition by Opinion
|
| Subtype |
Reversed
|
| Description |
Reversed - Authored Opinion
|
|
| Docket Date |
2022-08-17
|
| Type |
Order
|
| Subtype |
Order on Motion For Attorney's Fees
|
| Description |
Deny Attorney's Fees ~ ORDERED that the appellee's July 21, 2021 motion for attorney's fees is denied.
|
|
| Docket Date |
2022-05-26
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant's Reply Brief
|
| On Behalf Of |
Liberty Mutual Insurance Company
|
|
| Docket Date |
2022-05-19
|
| Type |
Order
|
| Subtype |
Order Dispensing with Oral Argument
|
| Description |
ORD-Dispensing Oral Argument ~ After reviewing the briefs, the court, pursuant to Florida Rule of Appellate Procedure 9.320, has dispensed with oral argument. The case will be submitted to a conference by a panel of the court.
|
|
| Docket Date |
2022-04-26
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief
|
| On Behalf Of |
Pan Am Diagnostic Services, Inc.
|
|
| Docket Date |
2022-03-23
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 30 DAYS TO 4/26/22.
|
|
| Docket Date |
2022-03-23
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
| Description |
Notice of Agreed Extension - Answer Brief
|
| On Behalf Of |
Pan Am Diagnostic Services, Inc.
|
|
| Docket Date |
2022-01-20
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 60 DAYS TO 3/27/22.
|
|
| Docket Date |
2022-01-20
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
| Description |
Notice of Agreed Extension - Answer Brief
|
| On Behalf Of |
Pan Am Diagnostic Services, Inc.
|
|
| Docket Date |
2021-12-28
|
| Type |
Record
|
| Subtype |
Supplemental Record
|
| Description |
Supplemental Records ~ 50 PAGES
|
| On Behalf Of |
Clerk - Broward
|
|
| Docket Date |
2021-12-27
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion/Request for Oral Argument
|
| Description |
Request for Oral Argument
|
| On Behalf Of |
Liberty Mutual Insurance Company
|
|
| Docket Date |
2021-12-27
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
Liberty Mutual Insurance Company
|
|
| Docket Date |
2021-12-20
|
| Type |
Order
|
| Subtype |
Order on Motion to Supplement Record & EOT/Toll Briefing
|
| Description |
Order Granting Motion to Supplement the Record ~ ORDERED that appellant's December 17, 2021 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.
|
|
| Docket Date |
2021-12-17
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion to Supplement Record
|
| Description |
Motion To File Supplemental Record
|
| On Behalf Of |
Liberty Mutual Insurance Company
|
|
| Docket Date |
2021-11-17
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 30 DAYS TO 12/27/21.
|
|
| Docket Date |
2021-11-17
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
| Description |
Notice of Agreed Extension - Initial Brief
|
| On Behalf Of |
Liberty Mutual Insurance Company
|
|
| Docket Date |
2021-10-25
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 30 DAYS TO 11/24/21.
|
|
| Docket Date |
2021-10-25
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
| Description |
Notice of Agreed Extension - Initial Brief
|
| On Behalf Of |
Liberty Mutual Insurance Company
|
|
| Docket Date |
2021-09-22
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
| Description |
Notice of Agreed Extension - Initial Brief
|
| On Behalf Of |
Liberty Mutual Insurance Company
|
|
| Docket Date |
2021-09-22
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 30 DAYS TO 10/25/21.
|
|
| Docket Date |
2021-09-22
|
| Type |
Misc. Events
|
| Subtype |
Status Report
|
| Description |
Status Report
|
| On Behalf Of |
Liberty Mutual Insurance Company
|
|
| Docket Date |
2021-09-20
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ (232 PAGES)
|
| On Behalf Of |
Clerk - Broward
|
|
| Docket Date |
2021-09-13
|
| Type |
Order
|
| Subtype |
Order to File Status Report
|
| Description |
Order for Status Report Re: ROA ~ Upon consideration of the affidavit filed by the clerk of the lower tribunal on September 2, 2021, appellant is ordered to file a report, within ten (10) days from the date of this order, as to the status of the payment for the record on appeal.
|
|
| Docket Date |
2021-09-02
|
| Type |
Misc. Events
|
| Subtype |
Affidavit
|
| Description |
Affidavit
|
| On Behalf Of |
Clerk - Broward
|
|
| Docket Date |
2021-08-23
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response
|
| On Behalf Of |
Liberty Mutual Insurance Company
|
|
| Docket Date |
2021-08-12
|
| Type |
Order
|
| Subtype |
Order to File Status Report
|
| Description |
Order for Status Report Re: ROA ~ Upon consideration of the affidavit filed by the clerk of the lower tribunal on August 4, 2021, appellant is ordered to file a report, within ten (10) days from the date of this order, as to the status of the payment for the record on appeal.
|
|
| Docket Date |
2021-08-09
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Miscellaneous Order ~ ORDERED that, upon consideration of appellant’s July 21, 2021 response, this appeal shall proceed as to only the June 18, 2021 order.
|
|
| Docket Date |
2021-08-05
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ TO MOTION FOR APPELLATE ATTORNEYS' FEES
|
| On Behalf Of |
Liberty Mutual Insurance Company
|
|
| Docket Date |
2021-08-04
|
| Type |
Misc. Events
|
| Subtype |
Affidavit
|
| Description |
Affidavit
|
| On Behalf Of |
Clerk - Broward
|
|
| Docket Date |
2021-07-29
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid Through Portal
|
| On Behalf Of |
Liberty Mutual Insurance Company
|
|
| Docket Date |
2021-07-21
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees ~ (Response filed 08/05/2021)
|
| On Behalf Of |
Pan Am Diagnostic Services, Inc.
|
|
| Docket Date |
2021-07-21
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Pan Am Diagnostic Services, Inc.
|
|
| Docket Date |
2021-07-21
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response
|
| On Behalf Of |
Liberty Mutual Insurance Company
|
|
| Docket Date |
2021-07-20
|
| Type |
Order
|
| Subtype |
Order to File Response re Jurisdiction
|
| Description |
AA - File Statement for Basis of Jurisdiction ~ ORDERED that, within ten (10) days from the date of this order, appellant shall file in this court a brief statement explaining the basis for this court's subject matter jurisdiction over the order appealed in this case, citing supporting legal authorities. Appellant shall specifically address how the March 3, 2021 and March 4, 2021 final judgments are timely appealed, as the “motion for attorney’s fees and costs together with interest” is not a motion provided under Florida Rule of Appellate Procedure 9.020(h)(1) that suspends rendition of the final judgments so as to extend the time for filing of notice of appeal from the final judgments. Further,Appellee may file a response within ten (10) days of service of that statement.
|
|
| Docket Date |
2021-07-19
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2021-07-19
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
Liberty Mutual Insurance Company
|
|
| Docket Date |
2021-07-19
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2021-07-19
|
| 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, 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.
|
|
|
|
MIAMI OPEN, MRI, LLC VS LIBERTY MUTUAL INSURANCE COMPANY
|
4D2021-1707
|
2021-05-25
|
Closed
|
|
| Classification |
NOA Final - County Small Claims - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
County Court for the Seventeenth Judicial Circuit, Broward County
COSO21-003784
|
Parties
| Name |
MIAMI OPEN MRI, LLC
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Chad A. Barr
|
|
| Name |
LIBERTY MUTUAL INSURANCE COMPANY
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Daniel Sagiv
|
|
| Name |
Hon. Terri-Ann Miller
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Broward
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2022-04-08
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2022-04-08
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2022-03-23
|
| Type |
Disposition by Opinion
|
| Subtype |
Reversed
|
| Description |
Reversed - Authored Opinion
|
|
| Docket Date |
2022-03-23
|
| Type |
Order
|
| Subtype |
Order on Motion For Attorney's Fees
|
| Description |
Order Granting Attorney Fees-Prevailing ~ ORDERED that appellant’s September 15, 2021 motion for award of appellate attorney's fees is granted conditioned on the trial court determining that appellant is the prevailing party and, if so, setting the amount of the attorney's fees to be awarded for this appellate case. If a motion for rehearing is filed in this court, then services rendered in connection with the filing of the motion, including but not limited to preparation of a responsive pleading, shall be taken into account in computing the amount of the fee.
|
|
| Docket Date |
2021-09-15
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
Miami Open, MRI, LLC
|
|
| Docket Date |
2021-09-15
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response to Order to Show Cause
|
| On Behalf Of |
Miami Open, MRI, LLC
|
|
| Docket Date |
2021-09-15
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
|
| On Behalf Of |
Miami Open, MRI, LLC
|
|
| Docket Date |
2021-09-14
|
| Type |
Order
|
| Subtype |
Show Cause
|
| Description |
Show Cause Lack of Prosecution, Initial Brief ~ ORDERED that appellant in the above-styled case is directed to show cause in writing, if any there be, within ten (10) days from the date of this order, why the above-styled case should not be dismissed for lack of timely prosecution, in that appellant's initial brief has not been filed with this court as of this date. Failure to respond to this order will result in a sua sponte dismissal without further notice. If the initial brief is filed within this time, the order to show cause will be considered automatically discharged without further order.
|
|
| Docket Date |
2021-07-19
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ 42 PAGES (PAGES 1-35)
|
| On Behalf Of |
Clerk - Broward
|
|
| Docket Date |
2021-07-14
|
| Type |
Misc. Events
|
| Subtype |
Affidavit
|
| Description |
Affidavit ~ FOR NON-PAYMENT OF RECORD ON APPEAL
|
| On Behalf Of |
Clerk - Broward
|
|
| Docket Date |
2021-07-06
|
| Type |
Notice
|
| Subtype |
Amended Notice of Appeal
|
| Description |
Amended Notice of Appeal
|
| On Behalf Of |
Clerk - Broward
|
|
| Docket Date |
2021-06-29
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Miscellaneous Order ~ ORDERED that, upon consideration of appellant’s jurisdictional brief from June 2, 2021, this appeal shall proceed as an appeal from a final appealable order. Fla. R. Civ. P. 1.061(a)(4); Fla. R. App. P. 9.110(a)(1); Fla. R. App. P. 9.030(b)(1)(A); Kinney Sys., Inc. v. Cont’l Ins. Co., 674 So. 2d 86, 92 (Fla. 1996); Al-Hakim v. Big Lots Stores, Inc., 161 So. 3d 568, 569 (Fla. 2d DCA 2014).
|
|
| Docket Date |
2021-06-02
|
| Type |
Brief
|
| Subtype |
Jurisdictional Brief
|
| Description |
Jurisdictional Brief
|
| On Behalf Of |
Miami Open, MRI, LLC
|
|
| Docket Date |
2021-05-28
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid Through Portal
|
| On Behalf Of |
Miami Open, MRI, LLC
|
|
| Docket Date |
2021-05-26
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2021-05-26
|
| Type |
Order
|
| Subtype |
Order to File Response re Jurisdiction
|
| Description |
AA - File Statement for Basis of Jurisdiction ~ ORDERED that, within ten (10) days from the date of this order, appellant shall file in this court a brief statement explaining the basis for this court's subject matter jurisdiction over the order appealed in this case, citing supporting legal authorities. Appellant shall specifically address how the May 21, 2021 order of dismissal is an appealable nonfinal order pursuant to Florida Rule of Appellate Procedure 9.130 as the order dismisses the complaint without prejudice but does not indicate whether leave to amend is granted. See Valcarcel v. Chase Bank USA NA, 54 So. 3d 989, 990 (Fla. 4th DCA 2010) (“An order dismissing an action without prejudice and without granting leave to amend is a final appealable order.”); Franklin v. Bank of Am., N.A., 202 So. 3d 923, 926 (Fla. 1st DCA 2016) (“When leave to amend is not specified in the order, ‘without prejudice’ can indicate the trial court’s intention to ‘bring an end to the judicial labor in the action.’” ); Hinote v. Ford Motor Co., 958 So. 2d 1009, 1010 (Fla. 1st DCA 2007) (“An order that dismisses an action ‘without prejudice’ may or may not be a final order depending on whether it unequivocally disposes of the case.”); Al-Hakim v. Big Lots Stores, Inc., 161 So. 3d 568 (Fla. 2d DCA 2014) (finding that when an order dismisses a complaint "without prejudice," that language signifies that the order is not a final appealable order); further,Appellee may file a response within ten (10) days of service of that statement.
|
|
| Docket Date |
2021-05-25
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2021-05-25
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
Miami Open, MRI, LLC
|
|
|
