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STATE FARM FIRE AND CASUALTY COMPANY, Appellant(s) v. RUDOLPH SPINA and ITECH LAS VEGAS, LLC, Appellee(s).
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4D2024-3137
|
2024-12-09
|
Open
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County
502022CA009560
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Parties
| Name |
STATE FARM FIRE AND CASUALTY COMPANY
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
James Michael Shaw, II
|
|
| Name |
Rudolph Spina
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Steven J Litvack, Andrew A. Harris, Grace Streicher
|
|
| Name |
ITECH LAS VEGAS LLC
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Jeffrey Christopher Cosby
|
|
| Name |
Hon. Reid Parker Scott, II
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Palm Beach Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2024-12-20
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
ORDERED that, upon consideration of appellee's December 18, 2024 Notice of Filing, this appeal shall proceed and the briefing schedule shall run from December 18, 2024, per this court's December 10, 2024 order.
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| View |
View File
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| Docket Date |
2024-12-19
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| Type |
Notice
|
| Subtype |
Amended Notice of Appeal
|
| Description |
Amended Notice of Appeal
|
| On Behalf Of |
Palm Beach Clerk
|
|
| Docket Date |
2024-12-18
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Rudolph Spina
|
|
| Docket Date |
2024-12-17
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
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 (2024), 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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| View |
View File
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| Docket Date |
2024-12-10
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| Type |
Order
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| Subtype |
Abeyance Order
|
| Description |
This court notes that a motion tolling rendition is pending in the trial court.
ORDERED that the above-styled case is held in abeyance until the trial court disposes of the motion and Appellant files a copy of the order in this court. On that date, this case shall proceed, and the briefing schedule shall run from that date. See Fla. R. App. P. 9.020(h)(2)(C). If the trial court has not entered an order disposing of the motion within thirty (30) days from the date of this order, Appellant shall file a status report with this court as to the progress being made towards disposition of the motion.
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| View |
View File
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| Docket Date |
2024-12-09
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| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
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| View |
View File
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|
| Docket Date |
2024-12-09
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| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal
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|
|
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ITECH LAS VEGAS, LLC, et al., Appellant(s) v. RUDOLPH SPINA, Appellee(s).
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4D2024-3110
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2024-12-04
|
Open
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County
502022CA009560XXX
|
Parties
| Name |
ITECH LAS VEGAS LLC
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Warren Kwavnick, Ryan Glenn Myers
|
|
| Name |
STATE FARM FIRE AND CASUALTY COMPANY
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Kimberly Anne Matot, Mihaela Cabulea, James Michael Shaw, II
|
|
| Name |
Rudolph Spina
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Steven J Litvack, Andrew Harris, Grace Streicher
|
|
| Name |
Hon. Reid Parker Scott, II
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Palm Beach Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2024-12-20
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
ORDERED that, upon consideration of appellee's December 18, 2024 Notice of Filing, this appeal shall proceed and the briefing schedule shall run from December 18, 2024, per this court's December 6, 2024 order.
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| View |
View File
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| Docket Date |
2024-12-18
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| Type |
Notice
|
| Subtype |
Notice of Filing
|
| Description |
Notice of Filing Order Entered During Abeyance Period and Request for Order Resuming this Appeal
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| On Behalf Of |
Rudolph Spina
|
|
| Docket Date |
2024-12-11
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| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
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| On Behalf Of |
State Farm Fire and Casualty Company
|
|
| Docket Date |
2024-12-06
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| Type |
Order
|
| Subtype |
Abeyance Order
|
| Description |
This court notes that a motion tolling rendition is pending in the trial court. ORDERED that the above-styled case is held in abeyance until the trial court disposes of the motion and Appellants file a copy of the order in this court. On that date, this case shall proceed, and the briefing schedule shall run from that date. See Fla. R. App. P. 9.020(h)(2)(C). If the trial court has not entered an order disposing of the motion within thirty (30) days from the date of this order, Appellants shall file a status report with this court as to the progress being made towards disposition of the motion.
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| View |
View File
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|
| Docket Date |
2024-12-05
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| Type |
Miscellaneous Document
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| Subtype |
Pay Case Filing Fee-300
|
| Description |
Paid Case Filing Fee-300
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| View |
View File
|
|
| Docket Date |
2024-12-05
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| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
| View |
View File
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|
| Docket Date |
2024-12-05
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| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal
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State Farm Fire and Casualty Company, Appellant(s) v. Intercoastal Auto Glass, LLC, a/a/o Anice Cadet, Appellee(s).
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2D2024-2563
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2024-11-01
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Open
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|
| Classification |
NOA Non Final - County Civil - Other
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| Court |
2nd District Court of Appeal
|
| Originating Court |
County Court for the Thirteenth Judicial Circuit, Hillsborough County
23-CC-027204
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Parties
| Name |
STATE FARM FIRE AND CASUALTY COMPANY
|
| Role |
Appellant
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| Status |
Active
|
| Representations |
Matthew John Conigliaro
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|
| Name |
INTERCOASTAL AUTO GLASS LLC
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| Role |
Appellee
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| Status |
Active
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| Representations |
Christopher Nelson Ligori, David Michael Caldevilla
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|
| Name |
a/a/o Anice Cadet
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| Role |
Appellee
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| Status |
Active
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| Representations |
Christopher Nelson Ligori
|
|
| Name |
Hon. Matthew Lee Felix
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Hillsborough Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2024-11-21
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
Appellant's motion for extension of time is granted, and the initial brief shall be served within 30 days from the date of this order.
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| View |
View File
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| Docket Date |
2024-11-20
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| Type |
Motions Extensions
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| Subtype |
Motion for Extension of Time to Serve Initial Brief
|
| Description |
Motion for Extension of Time to Serve Initial Brief
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| On Behalf Of |
State Farm Fire and Casualty Company
|
|
| Docket Date |
2024-11-13
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| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Intercoastal Auto Glass, LLC
|
|
| Docket Date |
2024-11-05
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| Type |
Miscellaneous Document
|
| Subtype |
Pay Case Filing Fee-300
|
| Description |
Pay Case Filing Fee-300
|
| On Behalf Of |
State Farm Fire and Casualty Company
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| View |
View File
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|
| Docket Date |
2024-11-01
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| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
This appeal has been filed without a filing fee required by section 35.22(2)(a), Florida Statutes.
The attorney for Appellant shall forward the required $300.00 filing fee or, if applicable, a certificate or order of the lower tribunal finding Appellant insolvent pursuant to section 57.081, Florida Statutes, within twenty days from the date of this order.
If this court does not receive either of the above within the prescribed time, this appeal may be subject to dismissal without further notice.
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| View |
View File
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| Docket Date |
2024-11-01
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| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
| View |
View File
|
|
| Docket Date |
2024-11-01
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| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
W/ORDER
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| On Behalf Of |
State Farm Fire and Casualty Company
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|
| Docket Date |
2025-01-02
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| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
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| Description |
Appellant's motion for extension of time is granted, and the initial brief shall be served by January 22, 2025. However, further motions for extension of time are unlikely to receive favorable consideration.
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| View |
View File
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| Docket Date |
2024-12-23
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| Type |
Motions Extensions
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| Subtype |
Motion for Extension of Time to Serve Initial Brief
|
| Description |
Motion for Extension of Time to Serve Initial Brief
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| On Behalf Of |
State Farm Fire and Casualty Company
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|
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State Farm Mutual Automobile Insurance Company, Appellant(s) v. Florida Mobile Glass, a/a/o Yoel Morillo, Appellee(s).
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2D2024-0931
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2024-04-18
|
Open
|
|
| Classification |
NOA Non Final - County Civil - Other
|
| Court |
2nd District Court of Appeal
|
| Originating Court |
County Court for the Thirteenth Judicial Circuit, Hillsborough County
22-CC-106198
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Parties
| Name |
STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
STATE FARM FIRE AND CASUALTY COMPANY
|
| Role |
Appellant
|
| Status |
Withdrawn
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| Representations |
Matthew John Conigliaro
|
|
| Name |
Florida Mobile Glass
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Kevin William Richardson, Mac Samuel Phillips, Chris Tadros
|
|
| Name |
Yoel Morillo
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Hon. Michael J. Hooi
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Hillsborough Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2024-10-14
|
| Type |
Motions Relating to Attorney Fees/Costs
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| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
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| On Behalf Of |
Florida Mobile Glass
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|
| Docket Date |
2024-10-14
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| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
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| On Behalf Of |
Florida Mobile Glass
|
|
| Docket Date |
2024-10-29
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
APPELLANT'S OPPOSITION TO APPELLEE'S MOTION FOR APPELLATE FEES
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| On Behalf Of |
State Farm Fire and Casualty Company
|
|
| Docket Date |
2024-10-21
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| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
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| Description |
Appellee's motion for extension of time is granted, and the answer brief shall be served by December 17, 2024. Further motions for extension of time are unlikely to receive favorable consideration.
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| View |
View File
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|
| Docket Date |
2024-10-17
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| Type |
Motions Extensions
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| Subtype |
Motion for Extension of Time to Serve Answer Brief
|
| Description |
Motion for Extension of Time to Serve Answer Brief
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| On Behalf Of |
Florida Mobile Glass
|
|
| Docket Date |
2024-10-16
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| Type |
Order
|
| Subtype |
Order Striking Stipulation for Extension
|
| Description |
The stipulation for extension of time submitted by Appellee on October 14, 2024, is stricken. This court's Administrative Order 2013-1 does not apply to non-final appeals.
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| View |
View File
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| Docket Date |
2024-09-06
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| Type |
Order
|
| Subtype |
Order to Serve Brief
|
| Description |
Appellant's initial brief shall be served within 10 days from the date of this order.
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| View |
View File
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| Docket Date |
2024-07-26
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| Type |
Order
|
| Subtype |
Order to File Response
|
| Description |
Appellee shall serve a response to appellant's "Motion to Restyle Case" within 10 days of the date of this order.
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| View |
View File
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|
| Docket Date |
2024-07-02
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| Type |
Record
|
| Subtype |
Appendix to Initial Brief
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| Description |
Appendix to Initial Brief
|
| On Behalf Of |
State Farm Fire and Casualty Company
|
|
| Docket Date |
2024-07-02
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
Miscellaneous Motion - MOTION TO RESTYLE CASE
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| On Behalf Of |
State Farm Fire and Casualty Company
|
|
| Docket Date |
2024-06-17
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
Appellant's motion for extension of time is granted, and the initial brief shall be served within 15 days from the date of this order.
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| View |
View File
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|
| Docket Date |
2024-06-14
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| 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 |
State Farm Fire and Casualty Company
|
|
| Docket Date |
2024-05-15
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| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
Appellant's motion for extension of time is granted, and the initial brief shall be served within 30 days from the date of this order.
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| View |
View File
|
|
| Docket Date |
2024-05-14
|
| 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 |
State Farm Fire and Casualty Company
|
|
| Docket Date |
2024-05-03
|
| Type |
Miscellaneous Document
|
| Subtype |
Pay Case Filing Fee-300
|
| Description |
Pay Case Filing Fee-300
|
| View |
View File
|
|
| Docket Date |
2024-04-23
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| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
This appeal has been filed without a filing fee required by section 35.22(2)(a), Florida Statutes.
The attorney for Appellant shall forward the required $300.00 filing fee or, if applicable, a certificate or order of the lower tribunal finding Appellant insolvent pursuant to section 57.081, Florida Statutes, within twenty days from the date of this order.
If this court does not receive either of the above within the prescribed time, this appeal may be subject to dismissal without further notice.
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| View |
View File
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| Docket Date |
2024-04-23
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| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
| View |
View File
|
|
| Docket Date |
2024-04-18
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
W/ORDER
|
| On Behalf Of |
State Farm Fire and Casualty Company
|
|
| Docket Date |
2024-12-12
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Answer Brief
|
| Description |
Motion for Extension of Time to Serve Answer Brief
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| On Behalf Of |
Florida Mobile Glass
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|
| Docket Date |
2024-09-19
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| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief
|
| On Behalf Of |
State Farm Fire and Casualty Company
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| View |
View File
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|
| Docket Date |
2024-08-28
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| Type |
Order
|
| Subtype |
Order
|
| Description |
Appellant's "Motion to Restyle Case," seeking to restyle the case from "State Farm Fire and Casualty Company v. Florida Mobile Glass A/A/O Yoel Morillo" to "State Farm Mutual Automobile Insurance Company v. Florida Mobile Glass A/A/O Yoel Morillo" is granted, and the style of the case and the identification of the party appellant has been changed as reflected in this order.
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| View |
View File
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PSHATOIA LAROSE VS STATE FARM FIRE AND CASUALTY COMPANY
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4D2023-1851
|
2023-07-24
|
Closed
|
|
| Classification |
Original Proceedings - County Civil - Prohibition
|
| Court |
4th District Court of Appeal
|
| Originating Court |
County Court for the Seventeenth Judicial Circuit, Broward County
COINX22070060
|
Parties
| Name |
Pshatoia LaRose
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
STATE FARM FIRE AND CASUALTY COMPANY
|
| Role |
Respondent
|
| Status |
Active
|
| Representations |
Madison Carol O'Connell, Jesse Craig Dyer
|
|
| Name |
Hon. Kim Theresa Mollica
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Broward
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2023-08-18
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Clerk
|
|
| Docket Date |
2023-08-08
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
State Farm Fire and Casualty Company
|
|
| Docket Date |
2023-08-01
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Prohibition / Acknowledgment letter
|
|
| Docket Date |
2023-07-24
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
DM:No Fee - Case Dismissed
|
|
| Docket Date |
2023-07-24
|
| Type |
Petition
|
| Subtype |
Petition Prohibition
|
| Description |
Petition Prohibition
|
| On Behalf Of |
Pshatoia LaRose
|
|
| Docket Date |
2023-08-18
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
ORD-Sua Sponte Dismiss-No Filing Fee ~ ORDERED sua sponte that the above-styled appeal is dismissed for non-payment of the $300.00 filing fee.
|
|
| Docket Date |
2023-08-01
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
ORD-Pay Filing Fee-Original Proceeding ~ The $300.00 filing fee or affidavit of indigency in conformance with sections 57.081 and 57.085, Florida Statutes (2021), did not accompany the petition as required in Florida Rule of Appellate Procedure 9.100(b). The filing fee is due and payable at the time of filing REGARDLESS OF WHETHER THE PETITION IS SUBSEQUENTLY VOLUNTARILY DISMISSED OR ADVERSELY DISMISSED.ORDERED sua sponte that the $300.00 filing fee or affidavit of indigency in conformance with section 57.081 and 57.085, Florida Statutes (2021), must be filed 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 this cause and may result in the court sanctioning of any party, or the party's attorney, who has not paid the filing fee. The attorney filing the petition has a duty to tender the filing fee to the appellate court when the petition is initiated. See In Re Payment of Filing Fees, 744 So. 2d 1025 (Fla. 4th DCA 1997). Failure of the attorney to pay will result in referral to the Department of Financial Services for collection.**NOTE: No extensions of time will be entertained. Once the fee is paid, it is not refundable. Except for dismissal, this court will take no action in this appeal until this filing fee is paid or until an affidavit of indigency is filed and indigency status is granted.
|
|
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|
PSHATOIA LAROSE VS STATE FARM FIRE AND CASUALTY COMPANY
|
4D2023-1789
|
2023-07-24
|
Closed
|
|
| Classification |
NOA Final - County Civil - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
County Court for the Seventeenth Judicial Circuit, Broward County
COINX22070060
|
Parties
| Name |
Pshatoia LaRose
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
STATE FARM FIRE AND CASUALTY COMPANY
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Hinda Klein, Madison Carol O'Connell, Jesse C. Dyer
|
|
| Name |
Hon. Kim Theresa Mollica
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Broward
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2023-08-17
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Clerk
|
|
| Docket Date |
2023-08-08
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
State Farm Fire and Casualty Company
|
|
| Docket Date |
2023-07-26
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2023-07-26
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed ~ **Certified Copy**
|
| On Behalf Of |
Clerk - Broward
|
|
| Docket Date |
2023-07-24
|
| Type |
Misc. Events
|
| Subtype |
Order Appealed
|
| Description |
Order Appealed
|
|
| Docket Date |
2023-07-24
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
Pshatoia LaRose
|
|
| Docket Date |
2023-08-17
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
ORD-Sua Sponte Dismiss-No Filing Fee ~ ORDERED sua sponte that the above-styled appeal is dismissed for non-payment of the $300.00 filing fee.
|
|
| Docket Date |
2023-07-26
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
ORD-Pay Filing Fee - pro se 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, 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 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 this cause and may result in the court sanctioning of any party, or the party's attorney, who has not paid the filing fee.If appellant has already been found indigent for purposes of proceedings in the lower tribunal, in this case, appellant shall file a copy of that order in this court. If appellant does not have an order or a determination of indigent status and believes that he or she is insolvent, appellant shall complete the enclosed application and mail to the clerk of the lower tribunal within fifteen (15) days from the date of this order. A Notice of Compliance that you have applied for indigent status, must also be filed with this court. The clerk of the lower tribunal shall forward the Clerk's Determination to this court within ten (10) days of receipt. Failure of appellant to comply with this order will result in the dismissal of this appeal.**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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STATE FARM FIRE AND CASUALTY COMPANY, STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Appellant(s) v. A/A/O RAFAEL MARTINEZ, OPERATION AUTO GLASS, Appellee(s).
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2D2023-0942
|
2023-05-04
|
Closed
|
|
| Classification |
NOA Non Final - County Civil - Other
|
| Court |
2nd District Court of Appeal
|
| Originating Court |
County Court for the Thirteenth Judicial Circuit, Hillsborough County
21-CC-071713
|
Parties
| Name |
STATE FARM FIRE AND CASUALTY COMPANY
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
JASON HOPKINS, ESQ., MATTHEW J. CONIGLIARO, ESQ.
|
|
| Name |
OPERATION AUTO GLASS LLC
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
CHRISTOPHER P. CALKIN, ESQ., DAVID M. CALDEVILLA, ESQ., MIKE N. KOULIANOS, ESQ.
|
|
| Name |
A/A/O RAFAEL MARTINEZ
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
HON MARC S. MAKHOLM
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
HILLSBOROUGH CLERK
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2023-11-15
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
| Description |
ORDER GRANTING EOT FOR ANSWER BRIEF ~ Appellee's motion for extension of time is granted, and the answer brief shall beserved by November 27, 2023.
|
|
| Docket Date |
2024-04-18
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
Pursuant to the notice of voluntary dismissal, this appeal is dismissed.
|
| View |
View File
|
|
| Docket Date |
2024-04-15
|
| Type |
Motions Other
|
| Subtype |
Motion/Notice Voluntary Dismissal
|
| Description |
NOTICE OF VOLUNTARY DISMISSAL
|
| On Behalf Of |
STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY
|
|
| Docket Date |
2024-03-13
|
| Type |
Order
|
| Subtype |
Order on Motion to Stay
|
| Description |
Grant Stay-55 ~ Appellant's "Motion to Stay Pending Settlement" is granted, and this proceedingis stayed for 30 days. Appellant shall file a status report within 30 days, which may takethe form of a notice of voluntary dismissal.
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|
| Docket Date |
2024-03-04
|
| Type |
Motions Other
|
| Subtype |
Motion To Stay
|
| Description |
Motion To Stay ~ MOTION TO STAY PENDING SETTLEMENT
|
| On Behalf Of |
STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY
|
|
| Docket Date |
2024-03-01
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Reply Brief
|
| Description |
ORDER GRANTING APPELLANT'S REPLY BRIEF ~ Appellants' motion for extension of time is granted, and the reply brief shall beserved within seven days from the date of this order.
|
|
| Docket Date |
2024-02-26
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Reply Brief
|
| Description |
Mot. for Extension of Time to File Reply Brief
|
| On Behalf Of |
STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY
|
|
| Docket Date |
2023-12-26
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Reply Brief
|
| Description |
ORDER GRANTING APPELLANT'S REPLY BRIEF ~ Appellant's motion for extension of time is granted, and the reply brief shall beserved within 60 days from the date of this order.
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|
| Docket Date |
2023-12-21
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Reply Brief
|
| Description |
Mot. for Extension of Time to File Reply Brief
|
| On Behalf Of |
STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY
|
|
| Docket Date |
2023-12-06
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| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ APPELLANT'S RESPONSE IN OPPOSITION TO APPELLEE'S MOTION FOR CONDITIONAL AWARD OF APPELLATE ATTORNEY'S FEES
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| On Behalf Of |
STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY
|
|
| Docket Date |
2023-11-21
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee Answer Brief
|
| On Behalf Of |
OPERATION AUTO GLASS
|
|
| Docket Date |
2023-11-21
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees ~ APPELLEE'S MOTION FOR CONDITIONAL AWARD OF APPELLATE ATTORNEYS' FEES
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| On Behalf Of |
OPERATION AUTO GLASS
|
|
| Docket Date |
2023-11-21
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion/Request for Oral Argument
|
| Description |
Request for Oral Argument ~ VIDEO ORAL ARGUMENT
|
| On Behalf Of |
OPERATION AUTO GLASS
|
|
| Docket Date |
2023-11-14
|
| 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 |
OPERATION AUTO GLASS
|
|
| Docket Date |
2023-10-13
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
| Description |
ORDER GRANTING EOT FOR ANSWER BRIEF ~ Appellee's motion for extension of time is granted, and the answer brief shall beserved by November 15, 2023.
|
|
| Docket Date |
2023-10-11
|
| 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 |
OPERATION AUTO GLASS
|
|
| Docket Date |
2023-09-20
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion/Request for Oral Argument
|
| Description |
Request for Oral Argument
|
| On Behalf Of |
STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY
|
|
| Docket Date |
2023-09-20
|
| Type |
Notice
|
| Subtype |
Notice of Related Case or Issue
|
| Description |
Notice of Related Case
|
| On Behalf Of |
STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY
|
|
| Docket Date |
2023-09-15
|
| Type |
Record
|
| Subtype |
Appendix to Initial Brief
|
| Description |
Appendix for Initial Brief
|
| On Behalf Of |
STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY
|
|
| Docket Date |
2023-09-15
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Appellant Brief on Merits
|
| On Behalf Of |
STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY
|
|
| Docket Date |
2023-08-25
|
| 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 |
STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY
|
|
| Docket Date |
2023-07-28
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
ORDER GRANTING EOT FOR INITIAL BRIEF ~ Appellant's motion for extension of time is granted, and the initial brief shall beserved by August 23, 2023.
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|
| Docket Date |
2023-07-26
|
| 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 |
STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY
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|
| Docket Date |
2023-06-23
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
ORDER GRANTING EOT FOR INITIAL BRIEF ~ Appellants' motion for extension of time is granted, and the initial brief shall be served within 30 days from the date of this order.
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|
| Docket Date |
2023-06-21
|
| 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 |
STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY
|
|
| Docket Date |
2023-06-12
|
| Type |
Order
|
| Subtype |
Order on Motion For Substitution of Counsel
|
| Description |
counsel substitution
|
|
| Docket Date |
2023-06-09
|
| Type |
Motions Relating to Parties and Counsel
|
| Subtype |
Motion For Substitution of Counsel
|
| Description |
Motion For Substitution of Counsel
|
| On Behalf Of |
STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY
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|
| Docket Date |
2023-06-09
|
| Type |
Record
|
| Subtype |
Appendix to Motion
|
| Description |
ALL OTHER MOTIONS APPENDIX/ATTACHMENT
|
| On Behalf Of |
STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY
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|
| Docket Date |
2023-06-01
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
Miscellaneous Motion ~ APPELLANTS' MOTION TO AMEND THE ORIGINAL NOTICE OF APPEAL TO CORRECT SCRIVENER'S ERRORS, ACCEPT THE AMENDED NOTICE OF APPEAL, AND TO CHANGE THE CASE STYLE/CAPTION
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| On Behalf Of |
STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY
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|
| Docket Date |
2023-05-24
|
| Type |
Notice
|
| Subtype |
Amended Notice of Appeal
|
| Description |
Amended Notice of Appeal
|
| On Behalf Of |
STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY
|
|
| Docket Date |
2023-05-23
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
ORDER GRANTING EOT FOR INITIAL BRIEF ~ Appellant's motion for extension of time is granted, and the initial brief shall beserved within 30 days from the date of this order.
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|
| Docket Date |
2023-05-19
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Initial Brief
|
| Description |
Mot. for Extension of time to file Initial Brief
|
| On Behalf Of |
STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY
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|
| Docket Date |
2023-05-05
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
OPERATION AUTO GLASS
|
|
| Docket Date |
2023-05-04
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter 1
|
|
| Docket Date |
2023-05-04
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
| On Behalf Of |
STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY
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|
| Docket Date |
2023-05-04
|
| Type |
Order
|
| Subtype |
Nonfinal Appeals
|
| Description |
nonfinal appeal order for initial brief ~ This proceeding is a nonfinal appeal, or an appeal of a specified final order, governed by Florida Rule of Appellate Procedure 9.130. The initial brief and appendix shall be served within fifteen days of the date of this order. The appellee(s) shall serve the answer brief(s) within thirty days of service of the initial brief.
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|
| Docket Date |
2023-05-04
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed ~ W/ORDER
|
| On Behalf Of |
STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY
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|
| Docket Date |
2023-08-31
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
ORDER GRANTING EOT FOR INITIAL BRIEF ~ Appellant's motion for extension of time is granted, and the initial brief shall beserved within 15 days from the date of this order.
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|
| Docket Date |
2023-06-27
|
| Type |
Order
|
| Subtype |
Order on Miscellaneous Motion
|
| Description |
Grant Miscellaneous Motion-79 ~ Appellants' "motion to amend the original notice of appeal to correct scrivener's errors, accept the amended notice of appeal, and to change the case style/caption" is granted. The amended notice of appeal docketed on May 24, 2023, is accepted as filed. Additionally, the style of the case is amended to: "State Farm Mutual Automobile Insurance Company and State Farm Fire and Casualty Company v. Operation Auto Glass A/A/O Rafael Martinez."
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DAWN CARAPELLA, AS BANKRUPTCY TRUSTEE OF THE ESTATE OF: KRISTINA GAIME, DEBTOR VS STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY , ET AL.,
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2D2023-0453
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2023-03-02
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Other
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| Court |
2nd District Court of Appeal
|
| Originating Court |
Circuit Court for the Thirteenth Judicial Circuit, Hillsborough County
18-CA-007981
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Parties
| Name |
ESTATE OF: KRISTINA GAIME
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
DAWN CARAPELLA
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
LEE D. GUNN, I V, ESQ., TRACY RAFFLES GUNN, ESQ., ROBERT V. POTTER, ESQ.
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|
| Name |
BRYAN W. REYNOLDS, ESQ.
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| Role |
Appellee
|
| Status |
Active
|
|
| Name |
STATE FARM FIRE AND CASUALTY COMPANY
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
STATE FARM FLORIDA INSURANCE COMPANY
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
MICHAEL E. REED, ESQ., LINDSAY TOPPING BRIGMAN, ESQ., Mihaela Cabulea, Esq., MATTHEW J. LAVISKY, ESQ., ALYSSA M. REITER, ESQ.
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|
| Name |
REYNOLDS, PARRINO, SPANO & SHADWICK, P. A.
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| Role |
Appellee
|
| Status |
Active
|
|
| Name |
STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
HON. RICHARD A. NIELSEN
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
HON. JENNIFER GABBARD
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
HILLSBOROUGH CLERK
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
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Docket Entries
| Docket Date |
2023-10-27
|
| Type |
Disposition by Opinion
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| Subtype |
Affirmed
|
| Description |
Affirmed - Per Curiam Opinion ~ Cross-appeal is dismissed as moot.
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|
| Docket Date |
2023-10-27
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| Type |
Order
|
| Subtype |
Order
|
| Description |
Miscellaneous Order ~ Appellees/Cross-Appellants State Farm Mutual Automobile Insurance Company and State Farm Fire and Casualty Company have moved for appellate attorney's fees based on certain proposals for settlement they served in the circuit court. Their motion is conditionally granted. This matter is remanded for a determination of their entitlement to fees under section 768.79, Florida Statutes (2021). If a finding of entitlement is made, the circuit court shall determine the appropriate amount of the award. See Fla. R. App. P. 9.400(b).Appellant/Cross-Appellee Dawn Carapella has moved for appellate attorney's fees under section 627.428, Florida Statutes. That motion is denied. State Farm's response is noted.
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| Docket Date |
2023-08-15
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| Type |
Order
|
| Subtype |
Order Re: Video Oral Argument
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| Description |
OA Notice Video ~ This case is provisionally set for oral argument on TUESDAY, OCTOBER 10, 2023, at 11:00 A.M., before: Judge Morris Silberman, Judge Craig C. Villanti, Judge Susan H. Rothstein-Youakim. 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.
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| Docket Date |
2023-11-16
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2023-11-16
|
| Type |
Mandate
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| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2023-10-10
|
| Type |
Misc. Events
|
| Subtype |
Oral Argument Date Set
|
| Description |
Oral Argument Date Set ~ Remote
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|
| Docket Date |
2023-09-18
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| Type |
Notice
|
| Subtype |
Notice of Supplemental Authority
|
| Description |
Notice of Supplemental Authority
|
| On Behalf Of |
STATE FARM FLORIDA INSURANCE COMPANY
|
|
| Docket Date |
2023-07-14
|
| Type |
Record
|
| Subtype |
Appendix to Motion
|
| Description |
ALL OTHER MOTIONS APPENDIX/ATTACHMENT
|
| On Behalf Of |
STATE FARM FLORIDA INSURANCE COMPANY
|
|
| Docket Date |
2023-07-14
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees ~ APPELLEES/CROSS-APPELLANTS MOTION FOR APPELLATE ATTORNEY'S FEES
|
| On Behalf Of |
STATE FARM FLORIDA INSURANCE COMPANY
|
|
| Docket Date |
2023-07-14
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| Type |
Brief
|
| Subtype |
Cross-Reply Brief
|
| Description |
Appellee/Cross-Appellant Reply Brief ~ CROSS-REPLY BRIEF OF STATE FARM FLORIDA INSURANCE COMPANY and STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY
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| On Behalf Of |
STATE FARM FLORIDA INSURANCE COMPANY
|
|
| Docket Date |
2023-07-10
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Reply Brief
|
| Description |
Mot. for Extension of Time to File Reply Brief ~ CROSS-REPLY BRIEF
|
| On Behalf Of |
STATE FARM FLORIDA INSURANCE COMPANY
|
|
| Docket Date |
2023-06-27
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Reply Brief
|
| Description |
ORDER GRANTING APPELLANT'S REPLY BRIEF ~ Appellees/Cross-Appellants' motion for extension of time is granted, and the reply brief shall be served by July 11, 2023.
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|
| Docket Date |
2023-06-23
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Reply Brief
|
| Description |
Mot. for Extension of Time to File Reply Brief
|
| On Behalf Of |
STATE FARM FLORIDA INSURANCE COMPANY
|
|
| Docket Date |
2023-05-26
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Stipulation for Extension of Time ~ 30 - CROSS REPLY BRIEF DUE 06/26/2023
|
| On Behalf Of |
STATE FARM FLORIDA INSURANCE COMPANY
|
|
| Docket Date |
2023-05-17
|
| Type |
Order
|
| Subtype |
Order on Motion to Consolidate
|
| Description |
ORD-GRANTING CONSOLIDATION ~ Appellant’s “agreed motion to dispense with separate briefing and adopt briefs in consolidated appeals” is treated as a motion to consolidate appeals 2D22-1660 and 2D23-0453 for all purposes. The motion to consolidate is granted. The above cases are consolidated for appeal for all purposes. All electronic filings in these consolidated cases shall be filed using the earliest case number.
|
|
| Docket Date |
2023-05-01
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
Miscellaneous Motion ~ ***TREATED AS A MOTION TO CONSOLIDATE PER 5/17/23 ORDER***AGREED MOTION TO DISPENSE WITH SEPARATE BRIEFING AND ADOPT BRIEFS IN CONSOLIDATED APPEALS
|
| On Behalf Of |
DAWN CARAPELLA
|
|
| Docket Date |
2023-04-10
|
| Type |
Record
|
| Subtype |
Supplemental Record
|
| Description |
Supplemental Records ~ 3RD - 254 PAGES - REDACTED
|
|
| Docket Date |
2023-03-23
|
| Type |
Order
|
| Subtype |
Order on Motion to Consolidate
|
| Description |
Grant Record Consolidation/Travel Together ~ Appellant’s motion to consolidate is granted to the extent that the appeals 2D22-1660 and 2D23-0453 will be consolidated for record purposes and will travel together for review by the same panel of judges. The parties shall file separate briefs for each appeal and, as may be necessary, separate motions. However, the copy of the record transmitted in appeal 2D22-1660 will also serve as the record in appeal 2D23-0453. Appellant’s motion to supplement the record 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.
|
|
| Docket Date |
2023-03-23
|
| Type |
Record
|
| Subtype |
Supplemental Record
|
| Description |
Supplemental Records ~ 62 PAGES - REDACTED - TRANSFERRED FROM 2D22-1660
|
|
| Docket Date |
2023-03-07
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
DAWN CARAPELLA
|
|
| Docket Date |
2023-03-07
|
| Type |
Motions Other
|
| Subtype |
Motion To Consolidate
|
| Description |
Motion To Consolidate
|
| On Behalf Of |
DAWN CARAPELLA
|
|
| Docket Date |
2023-03-07
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion to Supplement Record & EOT/Toll Briefing
|
| Description |
Motion To File Supplemental Record
|
| On Behalf Of |
DAWN CARAPELLA
|
|
| Docket Date |
2023-03-02
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid through Portal
|
| On Behalf Of |
DAWN CARAPELLA
|
|
| Docket Date |
2023-03-02
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
STATE FARM FLORIDA INSURANCE COMPANY
|
|
| Docket Date |
2023-03-02
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
fee - civil; atty ~ This appeal has been filed without a filing fee required by section 35.22(2)(a), Florida Statutes, Florida Statutes.If the attorney for appellant has not already done so, they shall forward the required $300.00 filing fee or, if applicable, a certificate or order of the lower tribunal finding appellant insolvent pursuant to section 57.081, Florida Statutes, within twenty days from the date of this order.If this court does not receive either of the above within the prescribed time, this appeal may be subject to dismissal without further notice.
|
|
| Docket Date |
2023-03-02
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter 1
|
|
|
|
DAWN CARAPELLA, BANKRUPTCY TRUSTEE OF THE ESTATE OF: KRISTINA GAIME, DEBTOR VS STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY , ET AL.,
|
2D2022-1660
|
2022-05-24
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
2nd District Court of Appeal
|
| Originating Court |
Circuit Court for the Thirteenth Judicial Circuit, Hillsborough County
18-CA-7981
|
Parties
| Name |
ESTATE OF: KRISTINA GAIME
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
DAWN CARAPELLA
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
RYAN L. HEDSTROM, ESQ., TRACY RAFFLES GUNN, ESQ., LEE D. GUNN, I V, ESQ.
|
|
| Name |
BRYAN W. REYNOLDS, ESQ.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
STATE FARM FLORIDA INSURANCE COMPANY
|
| Role |
Appellee
|
| Status |
Withdrawn
|
| Representations |
MATTHEW J. LAVISKY, ESQ., ALYSSA M. REITER, ESQ., Mihaela Cabulea, Esq., LEE CRAIG, ESQ., MICHAEL E. REED, ESQ., ROBERT V. POTTER, ESQ.
|
|
| Name |
STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
STATE FARM FIRE AND CASUALTY COMPANY
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
REYNOLDS, PARRINO, SPANO & SHADWICK, P. A.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
HON. JENNIFER GABBARD
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
HON. RICHARD A. NIELSEN
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
HILLSBOROUGH CLERK
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2022-09-30
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Stipulation for Extension of Time ~ 60 - AB/CROSS IB DUE 11/28/22
|
| On Behalf Of |
STATE FARM FLORIDA INSURANCE COMPANY
|
|
| Docket Date |
2022-08-29
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Appellant Brief on Merits
|
| On Behalf Of |
DAWN CARAPELLA
|
|
| Docket Date |
2023-11-16
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2023-11-15
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2023-10-27
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed - Per Curiam Opinion ~ Cross-appeal is dimissed as moot.
|
|
| Docket Date |
2023-10-27
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Miscellaneous Order ~ Appellees/Cross-Appellants State Farm Mutual Automobile Insurance Company and State Farm Fire and Casualty Company have moved for appellate attorney's fees based on certain proposals for settlement they served in the circuit court. Their motion is conditionally granted. This matter is remanded for a determination of their entitlement to fees under section 768.79, Florida Statutes (2021). If a finding of entitlement is made, the circuit court shall determine the appropriate amount of the award. See Fla. R. App. P. 9.400(b).Appellant/Cross-Appellee Dawn Carapella has moved for appellate attorney's fees under section 627.428, Florida Statutes. That motion is denied. State Farm's response is noted.
|
|
| Docket Date |
2023-10-10
|
| Type |
Misc. Events
|
| Subtype |
Oral Argument Date Set
|
| Description |
Oral Argument Date Set ~ Remote
|
|
| Docket Date |
2023-09-18
|
| Type |
Notice
|
| Subtype |
Notice of Supplemental Authority
|
| Description |
Notice of Supplemental Authority
|
| On Behalf Of |
STATE FARM FLORIDA INSURANCE COMPANY
|
|
| Docket Date |
2023-08-15
|
| Type |
Order
|
| Subtype |
Order Re: Video Oral Argument
|
| Description |
OA Notice Video ~ This case is provisionally set for oral argument on TUESDAY, OCTOBER 10, 2023, at 11:00 A.M., before: Judge Morris Silberman, Judge Craig C. Villanti, Judge Susan H. Rothstein-Youakim. 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 |
2023-07-17
|
| Type |
Order
|
| Subtype |
Order on Miscellaneous Motion
|
| Description |
Grant Miscellaneous Motion-79 ~ The motion for extension of time to file cross-reply brief is granted. The crossreplybrief is accepted as timely filed.
|
|
| Docket Date |
2023-07-14
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees ~ APPELLEES/CROSS-APPELLANTS MOTION FOR APPELLATE ATTORNEY'S FEES
|
| On Behalf Of |
STATE FARM FLORIDA INSURANCE COMPANY
|
|
| Docket Date |
2023-07-14
|
| Type |
Record
|
| Subtype |
Appendix to Motion
|
| Description |
ALL OTHER MOTIONS APPENDIX/ATTACHMENT
|
| On Behalf Of |
STATE FARM FLORIDA INSURANCE COMPANY
|
|
| Docket Date |
2023-07-14
|
| Type |
Brief
|
| Subtype |
Cross-Reply Brief
|
| Description |
Appellee/Cross-Appellant Reply Brief ~ CROSS-REPLY BRIEF OF STATE FARM FLORIDA INSURANCE COMPANY and STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY
|
| On Behalf Of |
STATE FARM FLORIDA INSURANCE COMPANY
|
|
| Docket Date |
2023-07-10
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Reply Brief
|
| Description |
Mot. for Extension of Time to File Reply Brief ~ CROSS-REPLY BRIEF
|
| On Behalf Of |
STATE FARM FLORIDA INSURANCE COMPANY
|
|
| Docket Date |
2023-06-27
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Reply Brief
|
| Description |
ORDER GRANTING APPELLANT'S REPLY BRIEF ~ Appellees/Cross-Appellants' motion for extension of time is granted, and the reply brief shall be served by July 11, 2023.
|
|
| Docket Date |
2023-06-23
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Reply Brief
|
| Description |
Mot. for Extension of Time to File Reply Brief
|
| On Behalf Of |
STATE FARM FLORIDA INSURANCE COMPANY
|
|
| Docket Date |
2023-05-26
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Stipulation for Extension of Time ~ 30 - CROSS REPLY BRIEF DUE 06/26/2023
|
| On Behalf Of |
STATE FARM FLORIDA INSURANCE COMPANY
|
|
| Docket Date |
2023-05-17
|
| Type |
Order
|
| Subtype |
Order on Motion to Consolidate
|
| Description |
ORD-GRANTING CONSOLIDATION ~ Appellant’s “agreed motion to dispense with separate briefing and adopt briefs in consolidated appeals” is treated as a motion to consolidate appeals 2D22-1660 and 2D23-0453 for all purposes. The motion to consolidate is granted. The above cases are consolidated for appeal for all purposes. All electronic filings in these consolidated cases shall be filed using the earliest case number.
|
|
| Docket Date |
2023-05-01
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
Miscellaneous Motion ~ ***TREATED AS A MOTION TO CONSOLIDATE PER 5/17/23 ORDER***AGREED MOTION TO DISPENSE WITH SEPARATE BRIEFING AND ADOPT BRIEFS IN CONSOLIDATED APPEALS
|
| On Behalf Of |
DAWN CARAPELLA
|
|
| Docket Date |
2023-04-27
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Stipulation for Extension of Time ~ 30 - CROSS REPLY BRIEF 05/29/2023
|
| On Behalf Of |
STATE FARM FLORIDA INSURANCE COMPANY
|
|
| Docket Date |
2023-04-24
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ APPELLEES/CROSS-APPELLANTS' RESPONSE TO APPELLANT/CROSS-APPELLEE'S MOTION FOR APPELLATE ATTORNEYS' FEES
|
| On Behalf Of |
STATE FARM FLORIDA INSURANCE COMPANY
|
|
| Docket Date |
2023-04-14
|
| Type |
Order
|
| Subtype |
Order on Miscellaneous Motion
|
| Description |
Grant Miscellaneous Motion-79 ~ The motion for extension of time to file response is granted to the extent thatAppellees may serve a response to Appellant's motion for attorneys' fees by April 24,2023.
|
|
| Docket Date |
2023-04-13
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to File Response
|
| Description |
Motion for Extension of Time to File Response ~ TO APPELLANT/CROSS-APPELLEE'S MOTION FOR APPELLATE ATTORNEYS' FEES
|
| On Behalf Of |
STATE FARM FLORIDA INSURANCE COMPANY
|
|
| Docket Date |
2023-03-29
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion/Request for Oral Argument
|
| Description |
Request for Oral Argument
|
| On Behalf Of |
DAWN CARAPELLA
|
|
| Docket Date |
2023-03-29
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
|
| On Behalf Of |
DAWN CARAPELLA
|
|
| Docket Date |
2023-03-29
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant Reply Brief ~ APPELLANT'S REPLY CROSS-ANSWER BRIEF
|
| On Behalf Of |
DAWN CARAPELLA
|
|
| Docket Date |
2023-03-23
|
| Type |
Order
|
| Subtype |
Order on Motion to Consolidate
|
| Description |
Grant Record Consolidation/Travel Together ~ Appellant’s motion to consolidate is granted to the extent that the appeals 2D22-1660 and 2D23-0453 will be consolidated for record purposes and will travel together for review by the same panel of judges. The parties shall file separate briefs for each appeal and, as may be necessary, separate motions. However, the copy of the record transmitted in appeal 2D22-1660 will also serve as the record in appeal 2D23-0453. Appellant’s motion to supplement the record 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.
|
|
| Docket Date |
2023-03-07
|
| Type |
Motions Other
|
| Subtype |
Motion To Consolidate
|
| Description |
Motion To Consolidate
|
| On Behalf Of |
DAWN CARAPELLA
|
|
| Docket Date |
2023-03-07
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion to Supplement Record & EOT/Toll Briefing
|
| Description |
Motion To File Supplemental Record
|
| On Behalf Of |
DAWN CARAPELLA
|
|
| Docket Date |
2023-03-06
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
STATE FARM FLORIDA INSURANCE COMPANY
|
|
| Docket Date |
2023-02-22
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Stipulation for Extension of Time ~ 30 DAYS RB DUE ON 03/29/23
|
| On Behalf Of |
DAWN CARAPELLA
|
|
| Docket Date |
2023-01-27
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee Answer Brief ~ ANSWER/CROSS-INITIAL BRIEF OF STATE FARM FIRE AND CASUALTY COMPANY and STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY
|
| On Behalf Of |
STATE FARM FLORIDA INSURANCE COMPANY
|
|
| Docket Date |
2022-12-29
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
| Description |
ORDER GRANTING EOT FOR ANSWER BRIEF ~ Appellees/Cross-Appellants’ motion for extension of time is granted, and theanswer/cross-initial brief shall be served by January 27, 2023.
|
|
| Docket Date |
2022-12-28
|
| 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 |
STATE FARM FLORIDA INSURANCE COMPANY
|
|
| Docket Date |
2022-12-09
|
| Type |
Order
|
| Subtype |
Order to Serve Brief
|
| Description |
Order for Immediate Filing of Brief ~ Appellee/Cross-Appellant shall serve the answer/cross-initial brief within 20 daysfrom the date of this order.
|
|
| Docket Date |
2022-12-08
|
| Type |
Record
|
| Subtype |
Supplemental Record
|
| Description |
Supplemental Records ~ 2ND SUPPLEMENT - PAGES 4865-4931 REDACTED
|
| On Behalf Of |
HILLSBOROUGH CLERK
|
|
| Docket Date |
2022-11-02
|
| Type |
Order
|
| Subtype |
Order on Motion to Supplement Record
|
| Description |
ORDER GRANTING MOTION TO SUPPLEMENT THE RECORD ~ Appellees/Cross-Appellants' motion to supplement the record with correcteddocuments is granted, and appellees/cross-appellants shall make arrangements withinthree days with the clerk of the lower tribunal for the supplementation of the record withthe items mentioned in the motion, with the supplemental record to be filed in this courtwithin twenty-five days from the date of this order.
|
|
| Docket Date |
2022-11-01
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion to Supplement Record
|
| Description |
Motion to Supplement ~ APPELLEES/CROSS-APPELLANTS' UNOPPOSED MOTION TO SUPPLEMENT THE RECORD WITH CORRECTED DOCUMENTS
|
| On Behalf Of |
STATE FARM FLORIDA INSURANCE COMPANY
|
|
| Docket Date |
2022-08-26
|
| Type |
Record
|
| Subtype |
Supplemental Record
|
| Description |
Supplemental Records ~ REDACTED - 62 PAGES
|
|
| Docket Date |
2022-08-15
|
| Type |
Order
|
| Subtype |
Order on Motion to Supplement Record
|
| Description |
grant supp/short/explain procedure ~ Appellant's motion to supplement the record is granted to the extent that theAppellant shall make arrangements within three days with the clerk of lower tribunal forthe supplementation of the record with the items mentioned in the motion, with thesupplemental record to be filed in this court within twenty-five days from the date of thisorder.Because the record must be supplemented through the clerk of the lower tribunalas just described, the copies of the record materials attached to the motion tosupplement will not be considered by this court.
|
|
| Docket Date |
2022-08-12
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice ~ NOTICE OF WITHDRAWAL OF OBJECTION TO APPELLANT/CROSS-APPELLEE'S MOTION TO SUPPLEMENT THE RECORD
|
| On Behalf Of |
STATE FARM FLORIDA INSURANCE COMPANY
|
|
| Docket Date |
2022-07-28
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion to Supplement Record
|
| Description |
Motion Supplem/Record with/Attached
|
| On Behalf Of |
DAWN CARAPELLA
|
|
| Docket Date |
2022-07-27
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ GABBARD - REDACTED - 4815 PAGES
|
|
| Docket Date |
2022-06-17
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance ~ NOTICE OF APPEARANCE AS APPELLATE COUNSEL
|
| On Behalf Of |
DAWN CARAPELLA
|
|
| Docket Date |
2022-06-09
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
$295 fee ~ Appellee has filed a notice of cross-appeal. The party submitting this document shall remit the filing fee of $295, or an order or certificate of insolvency from the lower tribunal, within fifteen days or the submission will be stricken. § 35.22(2)(b), Fla. Stat.
|
|
| Docket Date |
2022-06-09
|
| Type |
Misc. Events
|
| Subtype |
Cross-Notice Filing Fee Paid through Portal
|
| Description |
Cross Notice Filing Fee Paid through Portal
|
| On Behalf Of |
STATE FARM FLORIDA INSURANCE COMPANY
|
|
| Docket Date |
2022-06-08
|
| Type |
Notice
|
| Subtype |
Notice of Cross Appeal
|
| Description |
Notice of Cross Appeal
|
| On Behalf Of |
STATE FARM FLORIDA INSURANCE COMPANY
|
|
| Docket Date |
2022-05-26
|
| Type |
Misc. Events
|
| Subtype |
Certificate
|
| Description |
Certificate ~ AMENDED CERTIFICATE OF SERVICE
|
| On Behalf Of |
DAWN CARAPELLA
|
|
| Docket Date |
2022-05-26
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
STATE FARM FLORIDA INSURANCE COMPANY
|
|
| Docket Date |
2022-05-24
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
| On Behalf Of |
DAWN CARAPELLA
|
|
| Docket Date |
2022-05-24
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed ~ W/ORDER APPEALED
|
| On Behalf Of |
DAWN CARAPELLA
|
|
| Docket Date |
2022-05-24
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
fee - civil; atty
|
|
| Docket Date |
2022-05-24
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter 1
|
|
|
|
RESTORATION 1 OF THE TREASURE COAST, INC. a/a/o PATRICIA MORELLI VS STATE FARM FIRE AND CASUALTY COMPANY and STATE FARM FLORIDA INSURANCE COMPANY
|
4D2021-3059
|
2021-10-26
|
Closed
|
|
| Classification |
NOA Final - County Civil - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Nineteenth Judicial Circuit, St. Lucie County
562015CC001539
|
Parties
| Name |
Patricia Morelli
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
RESTORATION 1 OF THE TREASURE COAST INC
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Peter John Mineo, Jr.
|
|
| Name |
STATE FARM FLORIDA INSURANCE COMPANY
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
STATE FARM FIRE AND CASUALTY COMPANY
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Paulo Roberto Lima, Elizabeth K. Russo, Curt Allen
|
|
| Name |
Hon. Edmond W. Alonzo
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - St. Lucie
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2023-03-10
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2023-02-17
|
| Type |
Order
|
| Subtype |
Order on Motion for Rehearing En Banc
|
| Description |
Order Denying Rehearing En Banc ~ ORDERED that appellant's motion for rehearing, motion for rehearing en banc, and to certify a question is denied. KLINGENSMITH, C.J. and GERBER, J., concur. WARNER, J. concurs in part, and dissents from the denial of the motion for rehearing.
|
|
| Docket Date |
2023-02-01
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response
|
| On Behalf Of |
State Farm Fire and Casualty Company
|
|
| Docket Date |
2023-01-27
|
| Type |
Order
|
| Subtype |
Order on Motion to Recall Mandate
|
| Description |
ORD-To Recall Mandate ~ ORDERED that appellant's January 20, 2023 motion to recall mandate is granted and the mandate is withdrawn. Appellant's motion for rehearing, rehearing en banc, and to certify a question of great public importance is deemed accepted, and the clerk of this court shall docket the motion in Case No. 4D21-3059.
|
|
| Docket Date |
2023-01-20
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion to Recall Mandate
|
| Description |
Motion to recall mandate
|
| On Behalf Of |
Restoration 1 of the Treasure Coast, Inc.
|
|
| Docket Date |
2023-01-20
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2023-01-20
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate ~ **RECALLED 1/27/23**
|
|
| Docket Date |
2023-01-19
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion for Rehearing
|
| Description |
Motion for Rehearing / Rehearing En Banc ~ AND TO CERTIFY A QUESTION OF GREAT PUBLIC IMPORANTCE
|
| On Behalf Of |
Restoration 1 of the Treasure Coast, Inc.
|
|
| Docket Date |
2023-01-04
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed - Per Curiam Opinion
|
|
| Docket Date |
2022-09-23
|
| 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 |
2022-07-14
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant's Reply Brief
|
| On Behalf Of |
Restoration 1 of the Treasure Coast, Inc.
|
|
| Docket Date |
2022-06-29
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Reply Brief
|
| Description |
Order Granting EOT for Appellant's Reply Brief ~ ORDERED that appellant's June 28, 2022 motion for extension of time is granted, and appellant shall serve the reply brief within fifteen (15) days from the date of this order. In addition, if the reply brief is served after the time provided for in this order, it may be stricken.
|
|
| Docket Date |
2022-06-28
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Reply Brief
|
| Description |
Mot. for Extension of Time to File Reply Brief
|
| On Behalf Of |
Restoration 1 of the Treasure Coast, Inc.
|
|
| Docket Date |
2022-06-17
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ TO 6/21/22.
|
|
| Docket Date |
2022-06-17
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Reply Brief
|
| Description |
Notice of Agreed Extension - Reply Brief
|
| On Behalf Of |
Restoration 1 of the Treasure Coast, Inc.
|
|
| Docket Date |
2022-05-04
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 30 DAYS TO 6/10/22.
|
|
| Docket Date |
2022-05-04
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
| Description |
Notice of Agreed Extension - Answer Brief
|
| On Behalf Of |
State Farm Fire and Casualty Company
|
|
| Docket Date |
2022-04-11
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
Restoration 1 of the Treasure Coast, Inc.
|
|
| Docket Date |
2022-03-31
|
| 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 |
Restoration 1 of the Treasure Coast, Inc.
|
|
| Docket Date |
2022-03-02
|
| 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 |
Restoration 1 of the Treasure Coast, Inc.
|
|
| Docket Date |
2022-03-02
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
Order Granting EOT for Initial Brief ~ ORDERED that appellant's March 2, 2022 motion for extension of time is granted, and appellant shall serve the initial brief on or before April 1, 2022. In addition, if the initial brief is not served within the time provided for in this order, the above-styled case may be subject to dismissal or the court in its discretion may impose other sanctions.
|
|
| Docket Date |
2022-02-01
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
Order Granting EOT for Initial Brief ~ ORDERED that appellant's January 31, 2022 motion for extension of time is granted, and appellant shall serve the initial brief on or before March 2, 2022. In addition, if the initial brief is not served within the time provided for in this order, the above-styled case may be subject to dismissal or the court in its discretion may impose other sanctions.
|
|
| Docket Date |
2022-01-31
|
| 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 |
Restoration 1 of the Treasure Coast, Inc.
|
|
| Docket Date |
2022-01-06
|
| 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 |
Restoration 1 of the Treasure Coast, Inc.
|
|
| Docket Date |
2022-01-06
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
Order Granting EOT for Initial Brief ~ ORDERED that appellant's January 6, 2022 motion for extension of time is granted, and appellant shall serve the initial brief on or before January 31, 2022. In addition, if the initial brief is not served within the time provided for in this order, the above-styled case may be subject to dismissal or the court in its discretion may impose other sanctions.
|
|
| Docket Date |
2021-12-02
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ (3572 PAGES)
|
| On Behalf Of |
Clerk - St. Lucie
|
|
| Docket Date |
2021-11-16
|
| Type |
Order
|
| Subtype |
Order on Motion for Reinstatement
|
| Description |
ORD-Reinstatement ~ ORDERED that appellant's November 15, 2021 motion for reinstatement is granted, and the above-styled appeal is reinstated.
|
|
| Docket Date |
2021-11-16
|
| Type |
Misc. Events
|
| Subtype |
Miscellaneous Docket Entry
|
| Description |
Miscellaneous Entry/Document ~ Invoice voided
|
|
| Docket Date |
2021-11-15
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion For Reinstatement
|
| Description |
Motion For Reinstatement
|
| On Behalf Of |
Restoration 1 of the Treasure Coast, Inc.
|
|
| Docket Date |
2021-11-15
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Clerk
|
|
| Docket Date |
2021-11-15
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
ORD-Sua Sponte Dismiss-No Filing Fee ~ ORDERED sua sponte that the above-styled appeal is dismissed for non-payment of the $300.00 filing fee.
|
|
| Docket Date |
2021-11-15
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid Through Portal
|
| On Behalf Of |
Restoration 1 of the Treasure Coast, Inc.
|
|
| Docket Date |
2021-10-28
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
State Farm Fire and Casualty Company
|
|
| Docket Date |
2021-10-27
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2021-10-26
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
Restoration 1 of the Treasure Coast, Inc.
|
|
| Docket Date |
2021-10-26
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2022-05-24
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief
|
| On Behalf Of |
State Farm Fire and Casualty Company
|
|
| Docket Date |
2022-04-11
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion/Request for Oral Argument
|
| Description |
Request for Oral Argument
|
| On Behalf Of |
Restoration 1 of the Treasure Coast, Inc.
|
|
| Docket Date |
2022-04-01
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
ORD-Initial Brief to be Served ~ ORDERED that appellant's March 31, 2022 motion for extension of time is granted in part, and appellant shall serve the initial brief within ten (10) days from the date of this order. In addition, if the initial brief is not served within the time provided for in this order, the above-styled case will be subject to dismissal or the court in its discretion may impose other sanctions. Appellant is advised that no further extensions will be granted absent a detailed explanation for why the initial brief has not yet been filed and a showing of extraordinary circumstances where, if a further extension is not granted, irreparable and material harm will result to the litigant. Attorney workload does not constitute extraordinary circumstances which justifies a further extension of time.
|
|
| Docket Date |
2021-10-27
|
| 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.
|
|
|
|
TOTAL MD ORTHOPEDICS AND NEUROSUGERY, LLC a/a/o NANOTTE ULYSSEE VS STATE FARM FIRE AND CASUALTY COMPANY
|
4D2021-0086
|
2021-01-07
|
Closed
|
|
| Classification |
NOA Final - County Small Claims - PIP
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County
502019AP000055
County Court for the Fifteenth Judicial Circuit, Palm Beach County
502017SC003165
|
Parties
| Name |
Nanotte Ulyssee
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
Total MD Orthopedics and Neurosugery, LLC
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Rebecca Kay, Todd Landau
|
|
| Name |
STATE FARM FIRE AND CASUALTY COMPANY
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Nancy A. Copperthwaite, Marcy Levine Aldrich, Melissa G. McDavitt, Tracy Tatnall Segal
|
|
| Name |
Hon. Edward A. Garrison
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Palm Beach
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2021-01-08
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2021-01-07
|
| Type |
Record
|
| Subtype |
Supplemental Record
|
| Description |
Supplemental Records
|
|
| Docket Date |
2021-01-07
|
| Type |
Notice
|
| Subtype |
Circuit Court Appeal Documents
|
| Description |
Circuit Court Appeal Documents
|
| On Behalf Of |
Total MD Orthopedics and Neurosugery, LLC
|
|
| Docket Date |
2021-05-21
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2021-05-21
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2021-04-29
|
| Type |
Order
|
| Subtype |
Order on Motion For Attorney's Fees
|
| Description |
Deny Attorney's Fees ~ ORDERED that appellant’s September 10, 2019 motion for appellate attorneys’ fees and costs is denied.
|
|
| Docket Date |
2021-04-29
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed - Per Curiam Affirmed
|
|
| Docket Date |
2021-03-02
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Miscellaneous Order ~ ORDERED that appellant's December 14, 2020 "agreed motion to accept amended answer brief as deemed filed," which was filed in the circuit court but not ruled upon before the transfer of the case, is granted. The June 22, 2020 amended answer brief is deemed filed, and appellee's June 22, 2020 unopposed motion to file amended brief is deemed moot. The appellant filed the reply brief on January 5, 2021.
|
|
| Docket Date |
2021-02-22
|
| Type |
Order
|
| Subtype |
Order Dispensing with Oral Argument
|
| Description |
ORD-Dispensing Oral Argument ~ After reviewing the briefs, the court, pursuant to Florida Rule of Appellate Procedure 9.320, has dispensed with oral argument. The case will be submitted to a conference by a panel of the court.
|
|
| Docket Date |
2021-02-01
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice
|
| On Behalf Of |
State Farm Fire and Casualty Company
|
|
| Docket Date |
2021-01-21
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2021-01-21
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Related Case Order - Transfer ~ Upon consideration of the transfer of this case to this court from the circuit court, it is ORDERED that within ten (10) days from the date of this order, the parties shall: (1) ascertain whether there are any cases pending in this court, or any cases which are being transferred to this court from the circuit court, which are related to this case or raise same/similar issue(s); (2) if there are any related cases or cases which raise same/similar issue(s), file with this court a “Notice of Related Cases and/or Same or Similar Issues” which identifies those cases by district court and/or circuit court case number, states how those cases are related or contain same/similar issue(s) to this case, and addresses whether it would be appropriate for this court to consolidate those cases for all purposes or for purposes of assignment to the same panel; and (3) if there are no related cases or cases which raise same/similar issue(s), file a “Notice of Related Cases and/or Same or Similar Issues” which indicates that there are no related cases or cases with the same/similar issue(s).The parties may jointly file a single “Notice of Related Cases and/or Same or Similar Issues” in response to this order.
|
|
| Docket Date |
2021-01-12
|
| Type |
Notice
|
| Subtype |
Notice of Filing
|
| Description |
Notice of Filing
|
| On Behalf Of |
Total MD Orthopedics and Neurosugery, LLC
|
|
| Docket Date |
2021-01-08
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion/Request for Oral Argument
|
| Description |
Request for Oral Argument
|
|
| Docket Date |
2021-01-08
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Related Case Order - Transfer ~ Upon consideration of the transfer of this case to this court from the circuit court, it is ORDERED that within ten (10) days from the date of this order, the parties shall: (1) ascertain whether there are any cases pending in this court, or any cases which are being transferred to this court from the circuit court, which are related to this case or raise same/similar issue(s); (2) if there are any related cases or cases which raise same/similar issue(s), file with this court a “Notice of Related Cases and/or Same or Similar Issues” which identifies those cases by district court and/or circuit court case number, states how those cases are related or contain same/similar issue(s) to this case, and addresses whether it would be appropriate for this court to consolidate those cases for all purposes or for purposes of assignment to the same panel; and (3) if there are no related cases or cases which raise same/similar issue(s), file a “Notice of Related Cases and/or Same or Similar Issues” which indicates that there are no related cases or cases with the same/similar issue(s).The parties may jointly file a single “Notice of Related Cases and/or Same or Similar Issues” in response to this order.
|
|
| Docket Date |
2021-01-07
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
NF:Not Required
|
|
|
|
RESTORATION 1 OF THE TREASURE COAST, INC. VS STATE FARM FIRE AND CASUALTY COMPANY, et al .
|
4D2021-0061
|
2021-01-07
|
Closed
|
|
| Classification |
NOA Final - County Civil - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
County Court for the Nineteenth Judicial Circuit, St. Lucie County
2018AP000010AXX
County Court for the Nineteenth Judicial Circuit, St. Lucie County
2015CC001539
|
Parties
| Name |
RESTORATION 1 OF THE TREASURE COAST INC
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Peter John Mineo, Jr., Gray R. Proctor
|
|
| Name |
Patricia Morelli
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
STATE FARM FLORIDA INSURANCE COMPANY
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
STATE FARM FIRE AND CASUALTY COMPANY
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Elizabeth K. Russo, Curt Allen, Brian Andrew Hohman
|
|
| Name |
Clerk - St. Lucie
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2021-02-01
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
ORD-Sua Sponte Dismissed as Non-Appealable Order ~ Upon consideration of appellee's January 27, 2021 response and appellant's January 29, 2021 response, it is ORDERED that the above-styled appeal is dismissed without prejudice to appeal from an appealable, final order as the order being appealed is not appealable. See S.-Owners Ins. Co. v. Logsdon, 75 So. 3d 1270, 1270 (Fla. 4th DCA 2011) (stating that an order granting entitlement to attorney’s fees, which does not determine the amount of the fees, is not appealable); Winkelman v. Toll, 632 So. 2d 130 (Fla. 4th DCA 1994).CIKLIN, CONNER and KLINGENSMITH, JJ., concur.
|
|
| Docket Date |
2021-02-01
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Judge
|
|
| Docket Date |
2021-01-29
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response
|
| On Behalf Of |
Restoration 1 of the Treasure Coast, Inc.
|
|
| Docket Date |
2021-01-27
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response
|
| On Behalf Of |
State Farm Fire and Casualty Company
|
|
| Docket Date |
2021-01-21
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
State Farm Fire and Casualty Company
|
|
| Docket Date |
2021-01-21
|
| Type |
Order
|
| Subtype |
Show Cause re Compliance with Prior Order
|
| Description |
Order to Show Cause-Appeal Dismissal ~ ORDERED that the parties are to respond, within ten (10) days from the date of this order as to why this case should not be dismissed without prejudice to appeal from an appealable, final order. See S.-Owners Ins. Co. v. Logsdon, 75 So. 3d 1270, 1270 (Fla. 4th DCA 2011) (stating that an order granting entitlement to attorney’s fees, which does not determine the amount of the fees, is not appealable); Winkelman v. Toll, 632 So. 2d 130 (Fla. 4th DCA 1994).
|
|
| Docket Date |
2021-01-14
|
| Type |
Misc. Events
|
| Subtype |
Status Report
|
| Description |
Status Report
|
| On Behalf Of |
Restoration 1 of the Treasure Coast, Inc.
|
|
| Docket Date |
2021-01-08
|
| Type |
Order
|
| Subtype |
Order to File Status Report
|
| Description |
Order to File Status Report ~ ORDERED that appellant is directed to file a status report, on or before January 15, 2021, regarding relinquishment of jurisdiction.
|
|
| Docket Date |
2021-01-07
|
| Type |
Notice
|
| Subtype |
Circuit Court Appeal Documents
|
| Description |
Circuit Court Appeal Documents
|
| On Behalf Of |
Restoration 1 of the Treasure Coast, Inc.
|
|
| Docket Date |
2021-01-07
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
NF:Not Required
|
|
| Docket Date |
2021-01-07
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
|
|
KAREN L. VANCE and ROY VANCE VS PAULA FRANK
|
4D2018-3631
|
2018-12-10
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Nineteenth Judicial Circuit, Indian River County
312016CA000621
|
Parties
| Name |
ROY VANCE
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
KAREN L. VANCE
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Casey Walker, Anthony J. Russo, Adam Matthew Topel, William G.K. Smoak
|
|
| Name |
PAULA FRANK
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
JEANNIE M. JONTIFF, SCOTT JONTIFF, SCHAROME WOLFE, Robert D Phillips
|
|
| Name |
LIBERTY MUTUAL INSURANCE COMPANY
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
STATE FARM FIRE AND CASUALTY COMPANY
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
HON. PAUL B. KANAREK
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Indian River
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2019-08-23
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Initial Brief
|
| Description |
Mot. for Extension of time to file Initial Brief
|
| On Behalf Of |
KAREN L. VANCE
|
|
| Docket Date |
2019-09-19
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Clerk
|
|
| Docket Date |
2019-09-19
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
ORD-Grant Voluntary Dismissal (Joint) ~ At the request of the parties, this case is dismissed.
|
|
| Docket Date |
2019-09-18
|
| Type |
Motions Other
|
| Subtype |
Motion/Notice Voluntary Dismissal
|
| Description |
Notice of Voluntary Dismissal ~ STIPULATION
|
| On Behalf Of |
KAREN L. VANCE
|
|
| Docket Date |
2019-08-30
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
ORD-Initial Brief to be Served ~ Upon consideration of appellee’s August 23, 2019 objection, it is ORDERED that appellants’ August 23, 2019 “motion for 32-day extension of time (contested)” is granted, and appellants shall serve the initial brief on or before September 27, 2019. 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. Appellants are 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.
|
|
| Docket Date |
2019-08-23
|
| Type |
Response
|
| Subtype |
Objection
|
| Description |
Objection
|
| On Behalf Of |
PAULA FRANK
|
|
| Docket Date |
2019-08-23
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix ~ TO OBJECTION
|
| On Behalf Of |
PAULA FRANK
|
|
| Docket Date |
2019-06-27
|
| Type |
Order
|
| Subtype |
Order on Motion to Relinquish Jurisdiction
|
| Description |
ORD-Deny Relinquishment of Jurisdiction ~ Upon consideration of appellee’s June 14, 2019 response, it is ORDERED that appellants’ June 4, 2019 “motion to relinquish jurisdiction to allow payment of judgment” is denied. The court determines that the lower tribunal maintains jurisdiction to dispose of appellants’ pending “motion for order allowing deposit of judgment funds into registry of court and release of supersedeas bond” without this court specifically relinquishing jurisdiction for that purpose. Giuffre v. Edwards, 226 So. 3d 1034, 1038 (Fla. 4th DCA 2017) (“[E]ven after resolution of a lawsuit by way of final judgment or stipulation of dismissal, the trial court retains jurisdiction to resolve collateral matters such as taxation of costs and prevailing party attorney's fees.”). If the appeal becomes moot upon satisfaction of the final judgment on appeal, the appellants shall file a notice of voluntary dismissal indicating so. Further, ORDERED sua sponte that the initial brief shall be filed within sixty (60) days from the date of this order.
|
|
| Docket Date |
2019-06-14
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response
|
| On Behalf Of |
PAULA FRANK
|
|
| Docket Date |
2019-06-14
|
| Type |
Record
|
| Subtype |
Appendix to Response
|
| Description |
Appendix to Response
|
| On Behalf Of |
PAULA FRANK
|
|
| Docket Date |
2019-06-04
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix
|
| On Behalf Of |
KAREN L. VANCE
|
|
| Docket Date |
2019-06-04
|
| Type |
Motions Other
|
| Subtype |
Motion To Relinquish Jurisdiction
|
| Description |
Motion To Relinquish Jurisdiction
|
| On Behalf Of |
KAREN L. VANCE
|
|
| Docket Date |
2019-05-21
|
| Type |
Order
|
| Subtype |
Order on Motion To Abate
|
| Description |
ORD-Grant Motion to Abate ~ ORDERED that the appellants’ May 20, 2019 “motion to abate appeal pending resolution” is granted and the appeal is abated for fourteen (14) days from the date of this order.
|
|
| Docket Date |
2019-05-20
|
| Type |
Motions Other
|
| Subtype |
Motion To Abate
|
| Description |
Motion To Abate
|
| On Behalf Of |
KAREN L. VANCE
|
|
| Docket Date |
2019-04-17
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
KAREN L. VANCE
|
|
| Docket Date |
2019-04-03
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 45 DAYS TO 05/20/19
|
|
| Docket Date |
2019-04-03
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
| Description |
Notice of Agreed Extension - Initial Brief
|
| On Behalf Of |
KAREN L. VANCE
|
|
| Docket Date |
2019-04-02
|
| Type |
Record
|
| Subtype |
Supplemental Record
|
| Description |
Supplemental Records ~ (64 PAGES)
|
| On Behalf Of |
Clerk - Indian River
|
|
| Docket Date |
2019-03-27
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
PAULA FRANK
|
|
| Docket Date |
2019-03-26
|
| Type |
Order
|
| Subtype |
Order on Motion to Supplement Record & EOT/Toll Briefing
|
| Description |
Order Granting Motion to Supplement the Record ~ ORDERED that appellants’ March 25, 2019 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 |
2019-03-25
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion to Supplement Record
|
| Description |
Motion To File Supplemental Record
|
| On Behalf Of |
KAREN L. VANCE
|
|
| Docket Date |
2019-02-14
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
| Description |
Notice of Agreed Extension - Initial Brief
|
| On Behalf Of |
KAREN L. VANCE
|
|
| Docket Date |
2019-02-14
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 45 DAYS TO 04/04/19
|
|
| Docket Date |
2019-01-24
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ (249 PAGES)
|
| On Behalf Of |
Clerk - Indian River
|
|
| Docket Date |
2018-12-11
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
ORD-Pay Filing Fee-Civil Appeal ~ The jurisdiction of this court was invoked by filing of a Notice of Appeal in the lower tribunal. The $300.00 filing fee, or a circuit court clerk's determination of indigent status, did not accompany the Notice of Appeal as required in Florida Rules of Appellate Procedure 9.110(b) and 9.140(a). The filing fee is due and payable at the time of filing REGARDLESS OF WHETHER THE APPEAL IS LATER DISMISSED VOLUNTARILY OR ADVERSELY.ORDERED that appellant shall pay the $300.00 filing fee or file the circuit court clerk's determination of indigent status in this court within ten (10) days from the date of this order. Failure to comply within the time prescribed will result in dismissal of this cause and may result in the court sanctioning of any party, or the party's attorney, who has not paid the filing fee. The attorney filing the Notice of Appeal has a duty to tender the filing fee to the appellate court when the appeal is initiated. See In Re Payment of Filing Fees, 744 So. 2d 1025 (Fla. 4th DCA 1997). Failure of the attorney to pay will result in referral to the Department of Financial Services for collection.**NOTE: This order does not toll the time for filing any pleadings necessary to prosecute this appeal and no extensions of time will be entertained. Once the fee is paid, it is not refundable. Except for dismissal, this court will take no action in this appeal until the filing fee is paid or until a circuit court clerk's determination of indigent status is filed.
|
|
| Docket Date |
2018-12-11
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2018-12-11
|
| Type |
Notice
|
| Subtype |
Amended Notice of Appeal
|
| Description |
Amended Notice of Appeal
|
|
| Docket Date |
2018-12-10
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
KAREN L. VANCE
|
|
| Docket Date |
2018-12-10
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
|
|
STATE FARM FIRE AND CASUALTY COMPANY VS MARGATE PAIN AND REHABILITATION, INC., a/a/o SILVIO JOSELIN
|
4D2018-0254
|
2018-01-17
|
Closed
|
|
| Classification |
Original Proceedings - Circuit Civil - Certiorari
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
13-012345 COCE 53
Circuit Court for the Seventeenth Judicial Circuit, Broward County
15-18997 CACE AP
|
Parties
| Name |
STATE FARM FIRE AND CASUALTY COMPANY
|
| Role |
Petitioner
|
| Status |
Active
|
| Representations |
Kathryn L. Ender
|
|
| Name |
MARGATE PAIN AND REHABILITATION, INC.
|
| Role |
Respondent
|
| Status |
Active
|
| Representations |
STUART LEE KOENIGSBERG, MAJID VOSSOUGHI
|
|
| Name |
SILVIO JOSELIN
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
Clerk - Broward
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2018-04-11
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
Order Granting Voluntary Dismissal ~ Pursuant to the April 6, 2018 notice of voluntary dismissal, this case is dismissed; further,ORDERED that respondent's motion to dismiss is denied as moot. Respondent's request for attorney's fees contained within that motion is denied.
|
|
| Docket Date |
2018-04-11
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Clerk
|
|
| Docket Date |
2018-04-06
|
| Type |
Motions Other
|
| Subtype |
Motion/Notice Voluntary Dismissal
|
| Description |
Notice of Voluntary Dismissal
|
| On Behalf Of |
State Farm Fire and Casualty Company
|
|
| Docket Date |
2018-03-27
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ TO MOTION TO DISMISS.
|
| On Behalf Of |
State Farm Fire and Casualty Company
|
|
| Docket Date |
2018-03-19
|
| Type |
Motions Other
|
| Subtype |
Motion To Dismiss
|
| Description |
Motion To Dismiss
|
|
| Docket Date |
2018-01-19
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
ORD-Pay Filing Fee-Original Proceeding ~ The $300.00 filing fee or affidavit of indigency in conformance with sections 57.081 and 57.085, Florida Statutes, did not accompany the petition as required in Florida Rule of Appellate Procedure 9.100(b). The filing fee is due and payable at the time of filing REGARDLESS OF WHETHER THE PETITION IS SUBSEQUENTLY VOLUNTARILY DISMISSED OR ADVERSELY DISMISSED.ORDERED sua sponte that the $300.00 filing fee or affidavit of indigency in conformance with section 57.081 and 57.085, Florida Statutes, must be filed in this Court within ten (10) days from the date of the entry of this order. Failure to comply within the time prescribed will result in dismissal of this cause and may result in the court sanctioning of any party, or the party's attorney, who has not paid the filing fee. The attorney filing the petition has a duty to tender the filing fee to the appellate court when the petition is initiated. See In Re Payment of Filing Fees, 744 So. 2d 1025 (Fla. 4th DCA 1997). Failure of the attorney to pay will result in referral to the Department of Financial Services for collection.**NOTE: No extensions of time will be entertained. Once the fee is paid, it is not refundable. Except for dismissal, this court will take no action in this appeal until this filing fee is paid or until an affidavit of indigency is filed and indigency status is granted.
|
|
| Docket Date |
2018-01-19
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Writ of Certiorari / Acknowledgment letter
|
|
| Docket Date |
2018-01-17
|
| Type |
Petition
|
| Subtype |
Petition Certiorari
|
| Description |
Petition for Certiorari Filed
|
| On Behalf Of |
State Farm Fire and Casualty Company
|
|
| Docket Date |
2018-01-17
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
| Docket Date |
2018-01-17
|
| Type |
Record
|
| Subtype |
Appendix to Petition
|
| Description |
Appendix to Petition
|
| On Behalf Of |
State Farm Fire and Casualty Company
|
|
|
|
STATE FARM FIRE AND CASUALTY COMPANY VS PLANTATION OPEN MRI, LLC. a/a/o ALAIN DOUYON
|
4D2018-0248
|
2018-01-17
|
Closed
|
|
| Classification |
Original Proceedings - Circuit Civil - Certiorari
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
15-21184 CACE (AP)
|
Parties
| Name |
STATE FARM FIRE AND CASUALTY COMPANY
|
| Role |
Petitioner
|
| Status |
Active
|
| Representations |
Kenneth Paul Hazouri
|
|
| Name |
PLANTATION OPEN MRI LLC
|
| Role |
Respondent
|
| Status |
Active
|
| Representations |
Todd Landau
|
|
| Name |
ALAIN DOUYON
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
Clerk - Broward
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2018-04-25
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Judge
|
|
| Docket Date |
2018-04-25
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
Order-Original Proceeding Dismissed ~ ORDERED that the petition for writ of certiorari filed on January 17, 2018 is dismissed. See State Farm Mut. Auto. Ins. Co. v. CC Chiropractic, LLC, 43 Fla. L. Weekly D583 (Fla. 4th DCA Mar. 14, 2018). Further, ORDERED that the respondent’s January 23, 2018 motion for attorney’s fees is granted. On remand, the trial court shall set the reasonable amount of attorney’s fees, if any, 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. The request for costs in the motion is stricken without prejudice to seek costs in the trial court. Fla. R. Civ. P. 9.400(a); see also Superior Protection, Inc. v. Martinez, 930 So. 2d 859, 860 (Fla. 2d DCA 2006).DAMOORGIAN, LEVINE and KUNTZ, JJ., concur.
|
|
| Docket Date |
2018-03-14
|
| Type |
Notice
|
| Subtype |
Notice of Filing
|
| Description |
Notice of Filing ~ COPY OF ORDER DENYING PETITION FOR WRIT
|
| On Behalf Of |
PLANTATION OPEN MRI, LLC.
|
|
| Docket Date |
2018-02-26
|
| Type |
Notice
|
| Subtype |
Notice of Related Case or Issue
|
| Description |
Notice of Similar Case Pending
|
| On Behalf Of |
State Farm Fire and Casualty Company
|
|
| Docket Date |
2018-02-09
|
| Type |
Notice
|
| Subtype |
Notice of Filing
|
| Description |
Notice of Filing ~ COPY OF 2/09/18 ORDER
|
| On Behalf Of |
PLANTATION OPEN MRI, LLC.
|
|
| Docket Date |
2018-02-07
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ IN OPPOSITION TO RESPONDENT'S MOTION FOR APPELLATE ATTORNEYS' FEES AND COSTS
|
| On Behalf Of |
State Farm Fire and Casualty Company
|
|
| Docket Date |
2018-01-23
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees ~ AND COSTS (RESPONSE IN OPPOSITION FILED 2/07/18) (REEQUEST FOR COSTS STRICKEN)
|
| On Behalf Of |
PLANTATION OPEN MRI, LLC.
|
|
| Docket Date |
2018-01-19
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
ORD-Pay Filing Fee-Original Proceeding ~ The $300.00 filing fee or affidavit of indigency in conformance with sections 57.081 and 57.085, Florida Statutes, did not accompany the petition as required in Florida Rule of Appellate Procedure 9.100(b). The filing fee is due and payable at the time of filing REGARDLESS OF WHETHER THE PETITION IS SUBSEQUENTLY VOLUNTARILY DISMISSED OR ADVERSELY DISMISSED.ORDERED sua sponte that the $300.00 filing fee or affidavit of indigency in conformance with section 57.081 and 57.085, Florida Statutes, must be filed in this Court within ten (10) days from the date of the entry of this order. Failure to comply within the time prescribed will result in dismissal of this cause and may result in the court sanctioning of any party, or the party's attorney, who has not paid the filing fee. The attorney filing the petition has a duty to tender the filing fee to the appellate court when the petition is initiated. See In Re Payment of Filing Fees, 744 So. 2d 1025 (Fla. 4th DCA 1997). Failure of the attorney to pay will result in referral to the Department of Financial Services for collection.**NOTE: No extensions of time will be entertained. Once the fee is paid, it is not refundable. Except for dismissal, this court will take no action in this appeal until this filing fee is paid or until an affidavit of indigency is filed and indigency status is granted.
|
|
| Docket Date |
2018-01-19
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Writ of Certiorari / Acknowledgment letter
|
|
| Docket Date |
2018-01-18
|
| Type |
Record
|
| Subtype |
Appendix to Petition
|
| Description |
Appendix to Petition
|
| On Behalf Of |
State Farm Fire and Casualty Company
|
|
| Docket Date |
2018-01-17
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
| Docket Date |
2018-01-17
|
| Type |
Petition
|
| Subtype |
Petition Certiorari
|
| Description |
Petition for Certiorari Filed
|
| On Behalf Of |
State Farm Fire and Casualty Company
|
|
|
|
MILLICENT CHIN-WRIGHT VS MARLA HANDIS and STATE FARM FIRE, etc.
|
4D2013-0937
|
2013-03-14
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County
502011CA015076XXXXMB
|
Parties
| Name |
MILLICENT CHIN-WRIGHT
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Marlene Reiss, Carlos A. Bodden
|
|
| Name |
STATE FARM FIRE AND CASUALTY COMPANY
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
MARLA HANDIS
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
James O. Williams, C. RICHARD PENALTA, Warren B. Kwavnick
|
|
| Name |
Hon. Jeffrey Dana Gillen
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Palm Beach
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2014-02-06
|
| Type |
Order
|
| Subtype |
Order on Motion to Supplement Record & EOT/Toll Briefing
|
| Description |
ORD-Allowing Attachment to Record ~ ORDERED that the appellant's motion filed January 29, 2014, to supplement the record is granted, and the record is hereby supplemented to include Volume 4 and 5 of the trial transcript, dated October 23, 2012.
|
|
| Docket Date |
2014-01-29
|
| Type |
Record
|
| Subtype |
Supplemental Record
|
| Description |
Supplemental Records
|
| On Behalf Of |
MILLICENT CHIN-WRIGHT
|
|
| Docket Date |
2014-01-29
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion to Supplement Record
|
| Description |
Motion To File Supplemental Record
|
| On Behalf Of |
MILLICENT CHIN-WRIGHT
|
|
| Docket Date |
2015-07-28
|
| Type |
Record
|
| Subtype |
Returned Records
|
| Description |
Returned Records
|
|
| Docket Date |
2015-06-26
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2015-06-26
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2015-06-04
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed - Per Curiam Affirmed
|
|
| Docket Date |
2015-06-04
|
| Type |
Order
|
| Subtype |
Order on Motion For Attorney's Fees
|
| Description |
Order Granting Attorney Fees-Offer Judg. ~ ORDERED that the appellee State Farm And Casualty Company's June 12, 2014 motion for attorney's fees is granted conditioned on the trial court determining that appellee State Farm Fire And Casualty Company is entitled to fees under section 768.79, Florida Statutes (2014) 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 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 |
2014-11-13
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant's Reply Brief
|
| On Behalf Of |
MILLICENT CHIN-WRIGHT
|
|
| Docket Date |
2014-10-17
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Reply Brief
|
| Description |
ORD-Reply Brief to be Served ~ **FINAL** ORDERED that appellant's agreed motion filed October 8, 2014, for extension of time, is granted and appellant shall serve the reply brief within thirty (30) days from the date of the entry of this order. In addition, if the reply brief is served after the time provided for in this order said brief will be subject to being stricken or the court in its discretion may impose other sanctions. No further extensions will be permitted for this purpose.
|
|
| Docket Date |
2014-10-08
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Reply Brief
|
| Description |
Mot. for Extension of Time to File Reply Brief ~ (GRANTED 10/17/14)
|
| On Behalf Of |
MILLICENT CHIN-WRIGHT
|
|
| Docket Date |
2014-09-08
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Reply Brief
|
| Description |
Order Granting EOT for Appellant's Reply Brief ~ ORDERED that appellant's agreed motion filed August 26, 2014, for extension of time, is granted and appellant shall serve the reply brief within thirty (30) days from the date of the entry of this order. In addition, if the reply brief is served after the time provided for in this order said brief may be stricken.
|
|
| Docket Date |
2014-08-26
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Reply Brief
|
| Description |
Mot. for Extension of Time to File Reply Brief ~ (GRANTED 9/8/14)
|
| On Behalf Of |
MILLICENT CHIN-WRIGHT
|
|
| Docket Date |
2014-07-31
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Reply Brief
|
| Description |
Notice of Agreed Extension - Reply Brief ~ 30 DAYS TO 09/02/14
|
| On Behalf Of |
MILLICENT CHIN-WRIGHT
|
|
| Docket Date |
2014-07-02
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Reply Brief
|
| Description |
Notice of Agreed Extension - Reply Brief ~ 30 DAYS TO 08/01/14
|
| On Behalf Of |
MILLICENT CHIN-WRIGHT
|
|
| Docket Date |
2014-06-24
|
| Type |
Order
|
| Subtype |
Order on Motion to Supplement Record & EOT/Toll Briefing
|
| Description |
ORD-Allowing Attachment to Record ~ ORDERED that the appellant's motion filed June 10, 2014, to supplement the record is granted, and the record is hereby supplemented to include the amended Notice of Appeal, dated August 26, 2013. Said supplemental record is deemed filed the date of the entry of this order.
|
|
| Docket Date |
2014-06-12
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ TO MOTION FOR ATTY'S FEES
|
| On Behalf Of |
MILLICENT CHIN-WRIGHT
|
|
| Docket Date |
2014-06-12
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief
|
| On Behalf Of |
MARLA HANDIS
|
|
| Docket Date |
2014-06-12
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees ~ (response filed 6/12/14)
|
| On Behalf Of |
MARLA HANDIS
|
|
| Docket Date |
2014-06-10
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion to Supplement Record
|
| Description |
Motion To File Supplemental Record
|
| On Behalf Of |
MILLICENT CHIN-WRIGHT
|
|
| Docket Date |
2014-05-15
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
| Description |
Notice of Agreed Extension - Answer Brief ~ 30 DAYS TO 06/15/14
|
| On Behalf Of |
MARLA HANDIS
|
|
| Docket Date |
2014-04-16
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
| Description |
Notice of Agreed Extension - Answer Brief ~ 30 DAYS TO 05/16/14
|
| On Behalf Of |
MARLA HANDIS
|
|
| Docket Date |
2014-03-14
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
| Description |
Notice of Agreed Extension - Answer Brief ~ 30 DAYS TO 04/16/14
|
| On Behalf Of |
MARLA HANDIS
|
|
| Docket Date |
2014-02-11
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
| Description |
Notice of Agreed Extension - Answer Brief ~ 30 DAYS TO 03/17/14
|
| On Behalf Of |
MARLA HANDIS
|
|
| Docket Date |
2014-01-23
|
| Type |
Order
|
| Subtype |
Order on Motion to Supplement Record & EOT/Toll Briefing
|
| Description |
ORD-Allowing Attachment to Record ~ ORDERED that the appellant's motion filed January 16, 2014, to supplement the record is granted, and the record is hereby supplemented to include Volume 3 of the trial transcript, dated October 23, 2012.
|
|
| Docket Date |
2014-01-16
|
| Type |
Record
|
| Subtype |
Supplemental Record
|
| Description |
Supplemental Records
|
| On Behalf Of |
MILLICENT CHIN-WRIGHT
|
|
| Docket Date |
2014-01-16
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion to Supplement Record
|
| Description |
Motion To File Supplemental Record
|
| On Behalf Of |
MILLICENT CHIN-WRIGHT
|
|
| Docket Date |
2014-01-16
|
| Type |
Order
|
| Subtype |
Order on Motion to Supplement Record & EOT/Toll Briefing
|
| Description |
ORD-Allowing Attachment to Record ~ ORDERED that the appellant's motions filed January 13, 2014, and January 14, 2014, to supplement the record are granted, and the record is hereby supplemented to include Volume 1 of the trial transcript, dated October 23, 2012 and Volume 2 of the trial transcript, dated October 23, 2012.
|
|
| Docket Date |
2014-01-14
|
| Type |
Record
|
| Subtype |
Supplemental Record
|
| Description |
Supplemental Records
|
| On Behalf Of |
MILLICENT CHIN-WRIGHT
|
|
| Docket Date |
2014-01-14
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion to Supplement Record
|
| Description |
Motion To File Supplemental Record
|
| On Behalf Of |
MILLICENT CHIN-WRIGHT
|
|
| Docket Date |
2014-01-13
|
| Type |
Record
|
| Subtype |
Supplemental Record
|
| Description |
Supplemental Records
|
| On Behalf Of |
MILLICENT CHIN-WRIGHT
|
|
| Docket Date |
2014-01-13
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion to Supplement Record
|
| Description |
Motion To File Supplemental Record
|
| On Behalf Of |
MILLICENT CHIN-WRIGHT
|
|
| Docket Date |
2014-01-03
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
MILLICENT CHIN-WRIGHT
|
|
| Docket Date |
2013-12-31
|
| Type |
Order
|
| Subtype |
Order on Motion to Supplement Record & EOT/Toll Briefing
|
| Description |
ORD-deny motion to supplement per 9.300(a) ~ ORDERED that appellant's motion filed December 17, 2013, to supplement the record is hereby denied without prejudice for failure to comply with Florida Rule of Appellate Procedure 9.300(a). See also this court's Notice to Attorneys and Parties, Paragraph 3.
|
|
| Docket Date |
2013-12-17
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion to Supplement Record
|
| Description |
Motion To File Supplemental Record
|
| On Behalf Of |
MILLICENT CHIN-WRIGHT
|
|
| Docket Date |
2013-12-12
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
ORD-Initial Brief to be Served ~ **NFE** ORDERED that appellant's agreed motion filed December 5, 2013, for extension of time is granted, and appellant shall serve the initial brief on or before January 3, 2014. 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. No further extensions will be permitted for this purpose.
|
|
| Docket Date |
2013-12-05
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Initial Brief
|
| Description |
Mot. for Extension of time to file Initial Brief ~ (GRANTED 12/12/13)
|
| On Behalf Of |
MILLICENT CHIN-WRIGHT
|
|
| Docket Date |
2013-11-04
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
| Description |
Notice of Agreed Extension - Initial Brief ~ 30 DAYS TO 12/4/13
|
| On Behalf Of |
MILLICENT CHIN-WRIGHT
|
|
| Docket Date |
2013-10-02
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
| Description |
Notice of Agreed Extension - Initial Brief ~ 30 DAYS TO 11/04/13
|
| On Behalf Of |
MILLICENT CHIN-WRIGHT
|
|
| Docket Date |
2013-09-10
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance ~ (FOR STATE FARM FIRE)
|
| On Behalf Of |
MARLA HANDIS
|
|
| Docket Date |
2013-09-03
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
| Description |
Notice of Agreed Extension - Initial Brief ~ 30 DAYS TO 10/03/13
|
| On Behalf Of |
MILLICENT CHIN-WRIGHT
|
|
| Docket Date |
2013-08-02
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
| Description |
Notice of Agreed Extension - Initial Brief ~ 30 DAYS TO 09/02/13
|
| On Behalf Of |
MILLICENT CHIN-WRIGHT
|
|
| Docket Date |
2013-07-08
|
| Type |
Misc. Events
|
| Subtype |
Miscellaneous Docket Entry
|
| Description |
Miscellaneous Entry/Document ~ COVER LETTER FOR TRANSCRIPTS FILED IN L.T.
|
|
| Docket Date |
2013-06-24
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance ~ (FOR MARLA HANDIS)
|
| On Behalf Of |
MARLA HANDIS
|
|
| Docket Date |
2013-06-21
|
| Type |
Record
|
| Subtype |
Exhibits
|
| Description |
Received Exhibits ~ ONE (1) SMALL BOX
|
|
| Docket Date |
2013-05-22
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to File Response
|
| Description |
Grant EOT to file Response ~ ORDERED that appellee's (Marla Handis) motion filed May 15, 2013, for extension is granted, and the time in which to file a response is hereby extended twenty (20) days from the date of this order.
|
|
| Docket Date |
2013-05-15
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to File Response
|
| Description |
Motion for Extension of Time to File Response ~ TO MOTION FOR ATTORNEY'S FEES
|
|
| Docket Date |
2013-05-03
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to File Response
|
| Description |
Grant EOT to file Response ~ ORDERED that appellee's (Marla Handis) motion for extension filed April 30, 2013, is granted, and the time for filing a response to appellant¿s motion for appellate attorney's fees is hereby extended twenty (20) days from the date of this order.
|
|
| Docket Date |
2013-04-30
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to File Response
|
| Description |
Motion for Extension of Time to File Response ~ TO MOTION FOR ATTORNEY'S FEES
|
| On Behalf Of |
MARLA HANDIS
|
|
| Docket Date |
2013-04-25
|
| Type |
Order
|
| Subtype |
Order Vacating/Withdrawing Order
|
| Description |
ORD-Amended Order ~ ORDERED that this court's order issued April 23, 2013, is hereby amended as follows: ORDERED that the court reporter's request for an extension of time to file the transcript with the circuit court is granted, and the time for preparation and service of the transcript is hereby extended to and including July 3, 2013. Attorneys shall notify this court of non-compliance; further,ORDERED that all other time frames pertaining to the filing of the record and briefs are hereby extended accordingly. See Fla. R. App. P. 9.300(b). (The record on appeal is due twenty (20) days after receipt of the transcript. Appellant's initial brief shall be filed within thirty (30) days from service of the index to the record.)
|
|
| Docket Date |
2013-04-23
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time for Court Reporter
|
| Description |
Order Granting EOT for Court Reporter's Transcript ~ ORDERED that the court reporter's request for an extension of time to file the transcript with the circuit court is granted, and the time for preparation and service of the transcript is hereby extended to and including June 13, 2013. Attorneys shall notify this court of non-compliance; further,ORDERED that all other time frames pertaining to the filing of the record and briefs are hereby extended accordingly. See Fla. R. App. P. 9.300(b). (The record on appeal is due twenty (20) days after receipt of the transcript. Appellant's initial brief shall be filed within thirty (30) days from service of the index to the record.)
|
|
| Docket Date |
2013-04-18
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion for Extension of Time for Court Reporter
|
| Description |
Motion EOT For Court Reporter Transcript
|
|
| Docket Date |
2013-04-15
|
| Type |
Misc. Events
|
| Subtype |
Docketing Statement
|
| Description |
Docketing Statement ~ AA Marlene Reiss 0864048
|
|
| Docket Date |
2013-03-20
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2013-03-14
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
MILLICENT CHIN-WRIGHT
|
|
| Docket Date |
2013-03-14
|
| Type |
Misc. Events
|
| Subtype |
Order Appealed
|
| Description |
**DNU** order appealed
|
|
|
