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THE CINCINNATI INSURANCE COMPANY, ESH FORT MYERS, LLC, Appellant(s) v. DEANGELIS DIAMOND CONSTRUCTION, LLC, Appellee(s).
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6D2023-4291
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2023-12-27
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Closed
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|
| Classification |
NOA Final - Circuit Civil - Other
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| Court |
6th District Court of Appeal
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| Originating Court |
Circuit Court for the Twentieth Judicial Circuit, Lee County
22-CA-001510
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Parties
| Name |
THE CINCINNATI INSURANCE COMPANY
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| Role |
Appellant
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| Status |
Active
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| Representations |
DOUGLAS B. SZABO, ESQ.
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|
| Name |
ESH FORT MYERS, LLC
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| Role |
Appellant
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| Status |
Active
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| Representations |
DOUGLAS B. SZABO, ESQ., BRENDAN J. SHEARMAN, ESQ.
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|
| Name |
DEANGELIS DIAMOND CONSTRUCTION, LLC
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| Role |
Appellee
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| Status |
Active
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| Representations |
MICHAEL T. TRAFICANTE, ESQ., JEFFREY D. FRIDKIN, ESQ.
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|
| Name |
HONORABLE ALANE LABODA
|
| Role |
Judge/Judicial Officer
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| Status |
Active
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|
| Name |
KEVIN KARNES, CLERK
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| Role |
Lower Tribunal Clerk
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| Status |
Active
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Docket Entries
| Docket Date |
2024-06-30
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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 |
ESH FORT MYERS, LLC
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|
| Docket Date |
2024-11-27
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| Type |
Mandate
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| Subtype |
Mandate
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| Description |
Mandate
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| View |
View File
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| Docket Date |
2024-09-23
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| Type |
Disposition by Order
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| Subtype |
Dismissed
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| Description |
Dismissed
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| View |
View File
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| Docket Date |
2024-09-23
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| Type |
Motions Other
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| Subtype |
Motion/Notice Voluntary Dismissal
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| Description |
JOINT STIPULATION FOR DISMISSAL OF APPEAL
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| On Behalf Of |
DEANGELIS DIAMOND CONSTRUCTION, LLC
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|
| Docket Date |
2024-07-29
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| Type |
Record
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| Subtype |
Transcript
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| Description |
Transcript - REDACTED - 2048 PAGES - LABODA
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| On Behalf Of |
KEVIN KARNES, CLERK
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|
| Docket Date |
2024-07-01
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| Type |
Order
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| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
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| Description |
Appellants' motion for extension of time to serve their initial brief is granted. The initial brief shall be served within thirty days from the date of transmission of the record on appeal. Pursuant to the Joint Stipulation for Substitution of Counsel, attorney Douglas B. Szabo of Henderson, Franklin, Starnes and Holt, P.A. is substituted as Appellant, ESH Fort Myers, LLC's counsel of record, and attorney Seth J. Linnick of Nelson Mullins is relieved of further appellate responsibilities. The clerk of the lower tribunal shall file a status report concerning the record on appeal within ten days from the date of this order.
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| View |
View File
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| Docket Date |
2024-06-12
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| Type |
Motions Extensions
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| Subtype |
Motion for Extension of Time to Serve Initial Brief
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| Description |
Motion for Extension of Time to Serve Initial Brief
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| On Behalf Of |
ESH FORT MYERS, LLC
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|
| Docket Date |
2024-05-28
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| Type |
Notice
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| Subtype |
Notice
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| Description |
Notice
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| On Behalf Of |
ESH FORT MYERS, LLC
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|
| Docket Date |
2024-05-17
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| Type |
Misc. Events
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| Subtype |
Status Report
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| Description |
Status Report on record
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| On Behalf Of |
KEVIN KARNES, CLERK
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|
| Docket Date |
2024-05-03
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| Type |
Order
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| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
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| Description |
Appellants' motion for extension of time to serve their initial brief is granted. The initial brief shall be served on or before June 25, 2024. No further extensions will be granted absent extenuating circumstances. Within ten days from the date of this order, the clerk of the lower tribunal shall provide a status report regarding the record on appeal.
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| View |
View File
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| Docket Date |
2024-04-17
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| Type |
Motions Extensions
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| Subtype |
Motion for Extension of Time to Serve Initial Brief
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| Description |
UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE
INITIAL BRIEF
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| On Behalf Of |
ESH FORT MYERS, LLC
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|
| Docket Date |
2024-02-16
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| Type |
Notice
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| Subtype |
Notice of Agreed Extension of Time
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| Description |
Stipulation for Extension of Time ~ NOTICE OF AGREED EXTENSION OF TIME FOR SERVING ANSWER BRIEF // SEE AMENDED STIPULATION.
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| On Behalf Of |
ESH FORT MYERS, LLC
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| Docket Date |
2024-01-24
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| Type |
Notice
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| Subtype |
Notice of Appearance
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| Description |
Notice of Appearance
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| On Behalf Of |
ESH FORT MYERS, LLC
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|
| Docket Date |
2024-01-24
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| Type |
Letter
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| Subtype |
Acknowledgment Letter
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| Description |
Acknowledgment Letter 1
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|
| Docket Date |
2023-12-27
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| Type |
Misc. Events
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| Subtype |
Fee Status
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| Description |
FP:Fee Paid Through Portal
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|
| Docket Date |
2023-12-27
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| Type |
Notice
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| Subtype |
Amended Notice of Appeal
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| Description |
Amended Notice of Appeal
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| On Behalf Of |
ESH FORT MYERS, LLC
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| Docket Date |
2024-09-10
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| Type |
Order
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| Subtype |
Order for Clerk to File Status Report on Record
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| Description |
Although transcripts have been filed, the record on appeal is overdue in this case. Appellant must make arrangements with the clerk of the lower tribunal for the preparation and service of the record on appeal, and the record must be served within ten days of this order.
If the clerk of the lower tribunal is unable to serve the record within ten days of this order, the clerk of the lower tribunal shall file a notice of inability to transmit the record specifying the reason.
Appellant's motion for an extension of time to serve the initial brief is granted such that Appellant's initial brief must be served within thirty days of service of the record.
Appellant is reminded that the burden to ensure that the record is served in accordance with the Florida Rules of Appellate Procedure rests with the Appellant. See Fla. R. App. P. 9.200(e). Failure to comply with this order may result in the dismissal of this appeal.
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| View |
View File
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| Docket Date |
2024-01-25
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| Type |
Misc. Events
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| Subtype |
Case Filing Fee Paid through Portal
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| Description |
Case Filing Fee Paid through Portal
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| On Behalf Of |
ESH FORT MYERS, LLC
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| Docket Date |
2024-01-24
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| Type |
Order
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| Subtype |
Order re Counsel
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| Description |
Order on Foreign Attorney ~ Within twenty days from the date of this order, Attorney Seth Linnickshall move to appear in this court pro hac vice pursuant to Florida Rule ofGeneral Practice and Judicial Administration 2.510 or the attorney will beremoved from this proceeding.
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Wilson Valmir, Appellant(s) v. Dunkin Donuts, CMS Bakery, LLC. and Cincinnati Insurance Company Appellee(s).
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1D2022-2246
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2022-07-20
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Closed
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| Classification |
NOA Final - Workers Compensation - Workers Compensation
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| Court |
1st District Court of Appeal
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| Originating Court |
Office of the Judges of Compensation Claims
21-01188IF
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Parties
| Name |
Wilson Valmir
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| Role |
Appellant
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| Status |
Active
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| Representations |
Eric L. Berger
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| Name |
Dunkin Donuts
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| Role |
Appellee
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| Status |
Active
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| Representations |
Esther Zapata Ruderman, Diane H. Tutt
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|
| Name |
CMS Bakery, LLC.
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| Role |
Appellee
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| Status |
Active
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|
| Name |
THE CINCINNATI INSURANCE COMPANY
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| Role |
Appellee
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| Status |
Active
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|
| Name |
Iliana Forte
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| Role |
Judge of Compensation Claims
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| Status |
Active
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|
| Name |
Hon. David W. Langham
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| Role |
Judge of Compensation Claims
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| Status |
Active
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|
| Name |
Julie Hunsaker WC
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| Role |
Lower Tribunal Clerk
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| Status |
Active
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Docket Entries
| Docket Date |
2023-06-12
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| Type |
Misc. Events
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| Subtype |
West Publishing
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| Description |
West Publishing
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| Docket Date |
2023-06-12
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| Type |
Mandate
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| Subtype |
Mandate
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| Description |
Mandate
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| View |
View File
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| Docket Date |
2023-05-24
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| Type |
Disposition by Opinion
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| Subtype |
Affirmed
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| Description |
Affirmed
361 So. 3d 318
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| View |
View File
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| Docket Date |
2022-11-23
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| Type |
Brief
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| Subtype |
Answer Brief
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| Description |
Appellee's Answer Brief
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| On Behalf Of |
Dunkin Donuts
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|
| Docket Date |
2022-10-31
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| Type |
Motions Extensions
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| Subtype |
Motion for Extension of Time to Serve Answer Brief
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| Description |
Mot. for Extension of time to file Answer Brief
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| On Behalf Of |
Dunkin Donuts
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|
| Docket Date |
2022-10-31
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| Type |
Order
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| Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
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| Description |
Grant Answer Brief Extension ~ The Court grants Appellees’ October 31, 2022, motion for an extension of time to serve the answer brief. Appellees shall serve the brief on or before November 30, 2022.
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| Docket Date |
2022-09-30
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| Type |
Brief
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| Subtype |
Initial Brief
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| Description |
Initial Brief on Merits
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| On Behalf Of |
Wilson Valmir
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|
| Docket Date |
2022-08-31
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| Type |
Record
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| Subtype |
Record on Appeal
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| Description |
Received Records ~ 694 pages
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| Docket Date |
2022-07-25
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| Type |
Misc. Events
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| Subtype |
Docketing Statement
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| Description |
Docketing Statement
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| On Behalf Of |
Dunkin Donuts
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| Docket Date |
2022-07-22
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| Type |
Misc. Events
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| Subtype |
Docketing Statement
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| Description |
Docketing Statement
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| On Behalf Of |
Wilson Valmir
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| Docket Date |
2022-07-22
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| Type |
Notice
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| Subtype |
Notice of Appearance
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| Description |
Notice of Appearance ~ AND NOTICE OF COMPLIANCE WITH RULE 2.516 AND DESIGNATION OF EMAIL ADDRESSES
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| On Behalf Of |
Dunkin Donuts
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| Docket Date |
2022-07-21
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| Type |
Letter
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| Subtype |
Acknowledgment Letter
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| Description |
Worker's Compensation / Acknowledgement letter ~ The First District Court of Appeal has received the Notice of Appeal in this Workers’ Compensation action, filed in this Court on July 20, 2022, and in the lower tribunal on July 19, 2022.
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| Docket Date |
2022-07-20
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| Type |
Misc. Events
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| Subtype |
Fee Status
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| Description |
FP:Fee Paid Through Portal
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|
| Docket Date |
2022-07-20
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| Type |
Notice
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| Subtype |
Notice of Appeal
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| Description |
Notice of Appeal Filed ~ order appealed attached
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| On Behalf Of |
Wilson Valmir
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| Docket Date |
2023-05-22
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| Type |
Order
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| Subtype |
Order on Motion/Request for Oral Argument
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| Description |
Order on Motion/Request for Oral Argument
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| View |
View File
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| Docket Date |
2023-01-03
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| Type |
Motions Relating to Oral Argument
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| Subtype |
Motion/Request for Oral Argument
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| Description |
Motion For Oral Argument
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| On Behalf Of |
Wilson Valmir
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| Docket Date |
2022-12-27
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| Type |
Brief
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| Subtype |
Reply Brief
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| Description |
Appellant's Reply Brief
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| On Behalf Of |
Wilson Valmir
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| Docket Date |
2022-07-26
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| Type |
Order
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| Subtype |
Order to Register/Update eDCA
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| Description |
Acknowledgment of Service List ~ The notice filed by counsel for the Appellee on July 22, 2022, providing e-mail addresses, is acknowledged. However, in addition to filing such notice, counsel of record are responsible for ensuring their primary and/or secondary e-mail addresses under their profile in the Florida Courts E-Filing Portal and eDCA are consistent with the filed notice in order to receive e-mailed notification (Casemail) from the court. Profiles for eDCA users may be updated by clicking on the “My Profile” link and clicking the “Submit” button after making the desired changes.
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CUTRALE FARMS, INC. VS BLUE GOOSE CONSTRUCTION, LLC AND THE CINCINNATI INSURANCE COMPANY
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2D2019-3215
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2019-08-21
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Closed
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| Classification |
NOA Final - Circuit Civil - Other
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| Court |
2nd District Court of Appeal
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| Originating Court |
Circuit Court for the Tenth Judicial Circuit, Polk County
2017CA-001759-0000-00
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Parties
| Name |
CUTRALE FARMS, INC.
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| Role |
Appellant
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| Status |
Active
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| Representations |
LEANNE E. PALMER, ESQ., BRIAN P. KIRWIN, ESQ., DOUGLAS W. ACKERMAN, ESQ
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|
| Name |
BLUE GOOSE CONSTRUCTION LLC
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| Role |
Appellee
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| Status |
Active
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| Representations |
JOSEPH W. LAWRENCE, I I, ESQ., Nicole D. Moss, Esq., MIKE PISCITELLI, ESQ., JOHN W. FROST, I I, ESQ., STEVEN L. BRANNOCK, ESQ.
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|
| Name |
THE CINCINNATI INSURANCE COMPANY
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| Role |
Appellee
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| Status |
Active
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|
| Name |
HON. JOHN M. RADABAUGH
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| Role |
Judge/Judicial Officer
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| Status |
Active
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|
| Name |
POLK CLERK
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| Role |
Lower Tribunal Clerk
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| Status |
Active
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Docket Entries
| Docket Date |
2020-12-01
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| Type |
Mandate
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| Subtype |
Mandate
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| Description |
Mandate
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| Docket Date |
2020-10-28
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| Type |
Order
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| Subtype |
Order on Motion for Rehearing
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| Description |
ORD-DENYING REHEARING ~ Appellee's motion for rehearing or reconsideration of order denying appellee theCincinnati Insurance Company's motion for attorneys' fees is denied.
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| Docket Date |
2020-09-29
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| Type |
Response
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| Subtype |
Response
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| Description |
RESPONSE ~ CUTRALE FARMS, INC.'S RESPONSE IN OPPOSITION TO CINCINNATI INSURANCE COMPANY'S MOTION FOR REHEARING OR RECONSDERATION OF ORDER DENYING APPELLEE THE CINCINNATI INSURANCE COMPANY'SMOTION FOR ATTORNEYS' FEES
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| On Behalf Of |
CUTRALE FARMS, INC.
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| Docket Date |
2020-09-24
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| Type |
Motions Other
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| Subtype |
Motion for Reconsideration/Rehearing of an Order
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| Description |
Motion For Rehearing on an Order ~ MOTION FOR REHEARING OR RECONSIDERATION OF ORDER DENYING APPELLEE THE CINCINNATI INSURANCE COMPANY'S MOTION FOR ATTORNEYS' FEES
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| On Behalf Of |
BLUE GOOSE CONSTRUCTION, LLC
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| Docket Date |
2020-09-09
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| Type |
Order
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| Subtype |
Order
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| Description |
Miscellaneous Order ~ The appellant's motion for appellate attorney's fees is denied. The appellee's motion for appellate attorney's fees is denied.
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| Docket Date |
2020-09-09
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| Type |
Disposition by Opinion
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| Subtype |
Affirmed
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| Description |
Affirmed - Per Curiam Affirmed
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| Docket Date |
2020-08-26
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| Type |
Misc. Events
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| Subtype |
Oral Argument Date Set
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| Description |
Oral Argument Date Set ~ Tampa
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| Docket Date |
2020-08-11
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| Type |
Notice
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| Subtype |
Notice of Related Case or Issue
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| Description |
Notice of Related Case
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| On Behalf Of |
BLUE GOOSE CONSTRUCTION, LLC
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| Docket Date |
2020-07-06
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| Type |
Notice
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| Subtype |
Notice of Appearance
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| Description |
Notice of Appearance
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| On Behalf Of |
BLUE GOOSE CONSTRUCTION, LLC
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| Docket Date |
2020-07-02
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| Type |
Order
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| Subtype |
Order Re: Video Oral Argument
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| Description |
Video Oral Argument ~ To mitigate the impact of the COVID-19 outbreak while continuing with the orderly processing of cases, the oral argument in this case will be conducted by video conference on the date scheduled. The Clerk of the Court will provide connection instructions to each participant before the argument. Within ten days from the date of this order, any attorney or party who will be presenting argument is requested to provide the Clerk 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.
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| Docket Date |
2020-06-04
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| Type |
Order
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| Subtype |
Order on Motion/Request for Oral Argument
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| Description |
Oral Argument Notice--Location Pending ~ This case is provisionally set for oral argument on WEDNESDAY, AUGUST 26, 2020, at 9:30 A.M., before: Judge Stevan T. Northcutt, Judge Anthony K. Black, Judge Andrea T. Smith. Oral argument will be conducted either by video conference or at the Second District Court of Appeal, Tampa Branch Headquarters. Attorneys and parties will be advised by order of the venue for the oral argument no less than three weeks prior to the scheduled date. The court calendars can be viewed on this court’s website at www.2dca.org. Counsel or parties are requested to make their presence known to the court 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 in this proceeding, the attorneys or parties will be notified by order no less than two weeks before the scheduled date. Please review the attached 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.
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| Docket Date |
2020-03-16
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| Type |
Order
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| Subtype |
Order
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| Description |
MISCELLANEOUS ORDER ~ Oral argument will be rescheduled for a later date.
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| Docket Date |
2020-03-16
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| Type |
Notice
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| Subtype |
Notice
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| Description |
Notice ~ JOINT STATEMENT REGARDING ORAL ARGUMENT
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| On Behalf Of |
CUTRALE FARMS, INC.
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| Docket Date |
2020-03-13
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| Type |
Order
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| Subtype |
Order on Miscellaneous Motion
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| Description |
Deny Miscellaneous Motion-79a ~ Appellee The Cincinnati Insurance Company’s motion for leave to file reply to appellant’s response to appellee’s motion for attorney fees is denied.
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| Docket Date |
2020-03-12
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| Type |
Order
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| Subtype |
Order
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| Description |
Miscellaneous Order ~ By administrative order AOSC20-12, the Supreme Court of Florida directed courts to take mitigating measures to address the effects of the COVID-19 outbreak, including "prudent measures of social distancing to eliminate unnecessary face-to-face contact to the extent consistent with law" and "sanitary procedures designed to mitigate the spread of COVID-19 on court property." This court conducts most of its oral arguments in a courtroom that belongs to Stetson University College of Law, Tampa Law Center, and that is used for classes and events beyond this court's control. To mitigate the impact of this outbreak while continuing with the orderly processing of cases, the oral argument of April 15, 2020 date is canceled. Unless the parties advise the court, within ten days from the date of this order, that they request the oral argument to be rescheduled for a later date, the case will be considered on the date scheduled without oral argument.
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| Docket Date |
2020-02-24
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| Type |
Response
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| Subtype |
Response
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| Description |
RESPONSE ~ CUTRALE FARMS, INC.'S RESPONSE IN OPPOSITION TO CINCINNATI'S MOTION FOR LEAVE TO REPLY TO CUTRALE'S RESPONSE IN OPPOSITION TO CINCINNATI'S MOTION FOR ATTORNEYS' FEES
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| On Behalf Of |
CUTRALE FARMS, INC.
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| Docket Date |
2020-02-18
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| Type |
Motions Other
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| Subtype |
Miscellaneous Motion
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| Description |
Miscellaneous Motion ~ FOR LEAVE TO REPLY TO CUTRALE'S RESPONSE IN OPPOSITION TO CINCINNATI'S MOTION FOR ATTORNEYS' FEES
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| On Behalf Of |
BLUE GOOSE CONSTRUCTION, LLC
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| Docket Date |
2020-02-18
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| Type |
Order
|
| Subtype |
Order on Motion/Request for Oral Argument
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| Description |
Oral Argument Notice ~ This case is provisionally set for oral argument on WEDNESDAY, APRIL 15, 2020, at 9:30 A.M., before: Judge Stevan T. Northcutt, Judge Robert J. Morris, Jr., Judge J. Andrew Atkinson. Oral argument will occur at the Second District Court of Appeal, Tampa Branch Headquarters, in the courtroom of the Stetson University College Of Law, Tampa Campus, First Floor, 1700 North Tampa Street, Tampa, Florida. The court calendars can be viewed on this court’s website at www.2dca.org. Counsel or parties are requested to make their presence known to the receptionist 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 in this proceeding, the attorneys or parties will be notified by order no less than two weeks before 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.
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| Docket Date |
2020-02-12
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| Type |
Response
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| Subtype |
Response
|
| Description |
RESPONSE ~ RESPONSE IN OPPOSITION TO THE CINCINNATI INSURANCE COMPANY'S MOTION FOR ATTORNEYS' FEES
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| On Behalf Of |
CUTRALE FARMS, INC.
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|
| Docket Date |
2020-02-03
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| Type |
Motions Relating to Attorney Fees/Costs
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| Subtype |
Motion For Attorney's Fees
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| Description |
Motion For Attorney's Fees ~ APPELLEE THE CINCINNATI INSURANCE COMPANY'S MOTION FOR ATTORNEYS' FEES
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| On Behalf Of |
BLUE GOOSE CONSTRUCTION, LLC
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|
| Docket Date |
2020-02-03
|
| Type |
Motions Relating to Oral Argument
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| Subtype |
Motion/Request for Oral Argument
|
| Description |
Request for Oral Argument
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| On Behalf Of |
BLUE GOOSE CONSTRUCTION, LLC
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|
| Docket Date |
2020-01-31
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant Reply Brief
|
| On Behalf Of |
CUTRALE FARMS, INC.
|
|
| Docket Date |
2020-01-31
|
| Type |
Motions Relating to Attorney Fees/Costs
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| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
|
| On Behalf Of |
CUTRALE FARMS, INC.
|
|
| Docket Date |
2020-01-15
|
| Type |
Brief
|
| Subtype |
Appendix
|
| Description |
Appendix for Answer Brief
|
| On Behalf Of |
BLUE GOOSE CONSTRUCTION, LLC
|
|
| Docket Date |
2019-12-31
|
| Type |
Record
|
| Subtype |
Supplemental Record
|
| Description |
Supplemental Records ~ REDACTED - 1070 PAGES
|
|
| Docket Date |
2019-12-12
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ RADABAUGH - REDACTED - 852 PAGES
|
|
| Docket Date |
2019-12-12
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Stipulation for Extension of Time ~ 30 - AB DUE 1/15/20
|
| On Behalf Of |
BLUE GOOSE CONSTRUCTION, LLC
|
|
| Docket Date |
2019-12-09
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice ~ OF INABILITY TO COMPLETE THE RECORD
|
| On Behalf Of |
POLK CLERK
|
|
| Docket Date |
2019-11-19
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Stipulation for Extension of Time ~ 20 - AB DUE 12/16/19
|
| On Behalf Of |
BLUE GOOSE CONSTRUCTION, LLC
|
|
| Docket Date |
2019-11-06
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion/Request for Oral Argument
|
| Description |
Request for Oral Argument
|
| On Behalf Of |
CUTRALE FARMS, INC.
|
|
| Docket Date |
2019-11-05
|
| Type |
Misc. Events
|
| Subtype |
Certificate
|
| Description |
Certificate ~ Belated Certificate of Compliance
|
| On Behalf Of |
CUTRALE FARMS, INC.
|
|
| Docket Date |
2019-11-04
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Appellant Brief on Merits
|
| On Behalf Of |
CUTRALE FARMS, INC.
|
|
| Docket Date |
2019-11-04
|
| Type |
Record
|
| Subtype |
Appendix to Initial Brief
|
| Description |
Appendix for Initial Brief
|
| On Behalf Of |
CUTRALE FARMS, INC.
|
|
| Docket Date |
2019-10-25
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
ORDER GRANTING EOT FOR INITIAL BRIEF ~ Appellant's motion for extension of time is granted, and the initial brief shall be served by November 4, 2019.
|
|
| Docket Date |
2019-10-24
|
| 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 |
CUTRALE FARMS, INC.
|
|
| Docket Date |
2019-08-27
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid through Portal
|
|
| Docket Date |
2019-08-26
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter 1 ~ AMENDED
|
|
| Docket Date |
2019-08-22
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter 1
|
|
| Docket Date |
2019-08-22
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
fee - civil; atty
|
|
| Docket Date |
2019-08-21
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed ~ WITH ORDER
|
| On Behalf Of |
CUTRALE FARMS, INC.
|
|
| Docket Date |
2019-08-21
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
|
|
GC WORKS, INC., et al., VS A&M BROTHERS CONCRETE CORP.,
|
3D2019-1447
|
2019-07-25
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
3rd District Court of Appeal
|
| Originating Court |
Circuit Court for the Eleventh Judicial Circuit, Miami-Dade County
18-13111
|
Parties
| Name |
THE CINCINNATI INSURANCE COMPANY
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
GC WORKS INC.
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
BRETT D. DIVERS, NATHAN F. DIEHL, JOSE M. CHANFRAU, IV
|
|
| Name |
A&M BROTHERS CONCRETE CORP.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
DANIEL R. VEGA, Vanessa A. Van Cleaf
|
|
| Name |
Hon. Thomas J. Rebull
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Miami-Dade Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2020-04-03
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ APPELLEE'S RESPONSE IN OPPOSITION TO APPELLANTS'MOTION FOR EXTENSION OF TIME TO SERVE INITIAL BRIEF
|
| On Behalf Of |
A&M BROTHERS CONCRETE CORP.
|
|
| Docket Date |
2020-04-03
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix ~ TO THE RESPONSE
|
| On Behalf Of |
A&M BROTHERS CONCRETE CORP.
|
|
| Docket Date |
2020-04-02
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Initial Brief
|
| Description |
Mot. for Extension of time to file Initial Brief ~ APPELLANTS' AMENDED MOTION FOR EXTENSION OF TIME TO FILE INITIAL BRIEF
|
| On Behalf Of |
GC WORKS, INC.
|
|
| Docket Date |
2020-03-31
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
Extension denied (initial brief) (OD03) ~ Upon consideration, Appellants' Motion for Extension of Time to File an Initial Brief is hereby denied without prejudice to filing a motion for extension of time, within five (5) days from the date of this Order, that complies with the conferral requirement of Florida Rule of Appellate Procedure 9.300.
|
|
| Docket Date |
2020-05-27
|
| Type |
Mandate
|
| Subtype |
Disp. w/o Mandate
|
| Description |
Disp w/o mandate
|
|
| Docket Date |
2020-05-27
|
| Type |
Order
|
| Subtype |
Order on Motion For Attorney's Fees
|
| Description |
Attorney Fees Granted (OG47) ~ Upon consideration of the appellee’s Motion for Appellate Attorneys’ Fees, it is ordered that said Motion is conditionally granted, and the matter is remanded to the trial court.
|
|
| Docket Date |
2020-05-27
|
| Type |
Notice
|
| Subtype |
Voluntary Dismissal
|
| Description |
Voluntary Dismissal Recognized (OG33) ~ IT IS HEREBY ORDERED that Appellant The Cincinnati Insurance Company’s Motion for Voluntary Dismissal is recognized by the Court, and its appeal from the Circuit Court for Miami-Dade County, Florida, is hereby dismissed.
|
|
| Docket Date |
2020-05-27
|
| Type |
Disposition by Opinion
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Judge
|
|
| Docket Date |
2020-05-27
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2020-05-12
|
| Type |
Motions Other
|
| Subtype |
Motion/Notice Voluntary Dismissal
|
| Description |
Motion For Voluntary Dismissal ~ APPELLANT THE CINCINNATIINSURANCE COMPANY'S MOTIONFOR VOLUNTARY DISMSSAL OF THEAPPEAL
|
| On Behalf Of |
GC WORKS, INC.
|
|
| Docket Date |
2020-05-07
|
| Type |
Notice
|
| Subtype |
Voluntary Dismissal
|
| Description |
Voluntary Dismissal Recognized (OG33) ~ IT IS HEREBY ORDERED that Appellant GC Works, Inc.’s Motion for Voluntary Dismissal is granted, and its appeal from the Circuit Court for Miami-Dade County, Florida, is hereby dismissed. Appellant The Cincinnati Insurance Company’s appeal shall remain pending.
|
|
| Docket Date |
2020-04-28
|
| Type |
Motions Other
|
| Subtype |
Motion/Notice Voluntary Dismissal
|
| Description |
Motion For Voluntary Dismissal ~ APPELLANT GC WORKS' MOTIONFOR VOLUNTARY DISMSSAL WITH PREJUDICE OF THE APPEAL
|
| On Behalf Of |
GC WORKS, INC.
|
|
| Docket Date |
2020-04-06
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
Extension denied (initial brief) (OD03) ~ Upon consideration, Appellants' Amended Motion for Extension of Time to File an Initial Brief is hereby denied. Appellant is granted forty-five (45)days from the date of this Order to file the initial brief, with no further extensions of time allowed. The pendency of any motion (including a motion for substitution of counsel) shall not toll or otherwise delay the deadline established by this Order. The failure to file the initial brief in compliance with this Order shall subject this appeal to sanctions, including dismissal.
|
|
| Docket Date |
2020-03-27
|
| 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 |
GC WORKS, INC.
|
|
| Docket Date |
2020-01-28
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ IB-30 days to 3/30/20
|
|
| Docket Date |
2020-01-28
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Notice of Agreed Extension of Time
|
| On Behalf Of |
GC WORKS, INC.
|
|
| Docket Date |
2019-11-18
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ IB-90 days to 2/27/20
|
|
| Docket Date |
2019-11-15
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Notice of Agreed Extension of Time ~ APPELLANTS' AGREED NOTICE OF EXTENSION OF TIME TO FILE INITIAL BRIEF
|
| On Behalf Of |
GC WORKS, INC.
|
|
| Docket Date |
2019-10-08
|
| Type |
Motions Other
|
| Subtype |
Motion To Dismiss
|
| Description |
Motion to Dismiss Denied (OD32) ~ Following review of the appellants’ response to the motion to dismiss, appellee’s motion to dismiss the untimely appeal for lack of jurisdiction is hereby denied. SALTER, SCALES and LINDSEY, JJ., concur.
|
|
| Docket Date |
2019-10-04
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Record on Appeal
|
| On Behalf Of |
Miami-Dade Clerk
|
|
| Docket Date |
2019-10-02
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ APPELLANTS' RESPONSE TO APPELLEE'S MOTION TO DISMISS APPEAL FOR LACK OF JURISDICTION
|
| On Behalf Of |
GC WORKS, INC.
|
|
| Docket Date |
2019-10-02
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix ~ APPENDIX TO APPELLANT'S RESPONSE TO APPELLEE'S MOTION TO DISMISSAPPEAL FOR LACK OF JURISDICTION
|
| On Behalf Of |
GC WORKS, INC.
|
|
| Docket Date |
2019-08-30
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to File Response
|
| Description |
Ext-granted to respond to motion (OG01A) ~ Appellants’ motion for an extension of time to file a response to appellee’s motion to dismiss untimely appeal for lack of jurisdiction is granted to and including October 2, 2019, with no further extensions allowed.
|
|
| Docket Date |
2019-08-29
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time
|
| Description |
Motion for Extension of Time ~ APPELLANT'S MOTION FOR EXTENSION OF TIME
|
| On Behalf Of |
GC WORKS, INC.
|
|
| Docket Date |
2019-08-29
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice ~ NOTICE OF UNAVAILABILITY
|
| On Behalf Of |
GC WORKS, INC.
|
|
| Docket Date |
2019-08-29
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix ~ APPENDIX IN SUPPORT OF APPELLANT'S MOTION FOR EXTENSION OF TIME
|
| On Behalf Of |
GC WORKS, INC.
|
|
| Docket Date |
2019-08-15
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
|
| On Behalf Of |
A&M BROTHERS CONCRETE CORP.
|
|
| Docket Date |
2019-08-15
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix ~ APPELLEE'S APPENDIX IN SUPPORT OFMOTION FOR APPELLATE ATTORNEYS' FEES
|
| On Behalf Of |
A&M BROTHERS CONCRETE CORP.
|
|
| Docket Date |
2019-08-14
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix ~ APPELLEES' APPENDIX IN SUPPORT OF MOTION TODISMISS UNTIMELY APPEAL FOR LACK OF JURISDICTION
|
| On Behalf Of |
A&M BROTHERS CONCRETE CORP.
|
|
| Docket Date |
2019-08-14
|
| Type |
Motions Other
|
| Subtype |
Motion To Dismiss
|
| Description |
Motion To Dismiss ~ APPELLEE'S MOTION TO DISMISSUNTIMELY APPEAL FOR LACK OF JURISDICTION
|
| On Behalf Of |
A&M BROTHERS CONCRETE CORP.
|
|
| Docket Date |
2019-08-12
|
| Type |
Order
|
| Subtype |
Show Cause
|
| Description |
Show Cause Order Discharged (OR02) ~ Upon consideration of the amended response, the rule to show cause issued by this Court on July 25, 2019 is hereby discharged.
|
|
| Docket Date |
2019-08-08
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ Amended Response to order to show cause
|
| On Behalf Of |
GC WORKS, INC.
|
|
| Docket Date |
2019-08-07
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
MISCELLANEOUS ORDER (OR999) ~ Appellants' response to this Court's order to show cause is noted. Appellants shall, within five (5) days of the date of this order, file with this Court a docketed copy of the July 9, 2019 motion for rehearing as well as a rendered copy of the August 2, 2019 order denying said motion. Appellant is reminded, and advised, that the abatement provided by Fla. R. App. P. 9.020(h)(2) is not self-effectuating, nor is this Court's jurisdiction self-evident without appellants providing the Court with the necessary information and documents to establish that a timely and authorized motion has been filed in the lower tribunal directed to the order on appeal.
|
|
| Docket Date |
2019-08-02
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ to order to show cause
|
| On Behalf Of |
GC WORKS, INC.
|
|
| Docket Date |
2019-08-02
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid Through Portal
|
| On Behalf Of |
GC WORKS, INC.
|
|
| Docket Date |
2019-08-01
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
Order to pay filing fee-civil w/atty (OR14B) ~ This is to notify counsel for appellants that the filing and prosecution of a notice of appeal in this Court is not acceptable without compliance with the Florida Rules of Appellate Procedure. Therefore, this appeal will be dismissed unless the required three hundred ($300.00) dollar fee is paid to the Clerk of the Court on or before August 11, 2019.
|
|
| Docket Date |
2019-07-25
|
| Type |
Notice
|
| Subtype |
Notice of Appeal Transmittal Form
|
| Description |
Notice of Transmittal--NOA
|
| On Behalf Of |
A&M BROTHERS CONCRETE CORP.
|
|
| Docket Date |
2019-07-25
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter ~ Acknowledgment of new case with attachments. ** The $300 filing fee for a notice of appeal is due.
|
|
| Docket Date |
2019-07-25
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2019-07-25
|
| Type |
Order
|
| Subtype |
Show Cause
|
| Description |
Show Cause Why App. Sldn't Be Dism Untimely(OR12C) ~ Following review of the notice of appeal, it is ordered that counsel for the appellants is directed to show cause within ten (10) days why this appeal should not be dismissed as untimely filed.
|
|
|
