| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
2nd District Court of Appeal
|
| Originating Court |
Circuit Court for the Twentieth Judicial Circuit, Charlotte County
15-59CA
|
Parties
| Name |
JAMIE LANDRY
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
ROGER D. MASON, I I, ESQ., ASHLEY V. GOODMAN, ESQ., ZACHARY A. HARRINGTON, ESQ.
|
|
| Name |
CHARLOTTE MOTOR CARS, L L C
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
DAVID A. HOLMES, SARA CASTRO, ESQ.
|
|
| Name |
AMERICAN STATES INSURANCE COMPANY
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
CHARLOTTE CLERK
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2017-10-20
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2017-10-03
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2017-09-06
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Miscellaneous Order ~ The Appellant seeks an award of appellate attorney's fees against the Appellee, Charlotte Motor Cars, LLC, in accordance with sections 501.2105 and 501.211, Florida Statutes (2014); 49 U.S.C. § 32710(b) (2012); the parties' contracts based on section 57.105(7), Florida Statutes (2014); and as sanction. The Appellant also seeks an award of appellate attorney's fees against the Appellee, American States Insurance Company, in accordance with section 627.428, Florida Statutes (2014).The Appellees seek an award of appellate attorney's fees against the Appellant in accordance with section 501.2105.The Appellant's motion for attorney's fees against the Appellee, Charlotte Motor Cars, LLC, is conditionally granted to the extent that it seeks an award of appellate attorney's fees against Charlotte Motor Cars, LLC in accordance with sections 501.2105 and 501.211, and 49 U.S.C. § 32710(b). If the trial court determines that the Appellant is the prevailing party in the litigation and entitled to her attorney's fees, the trial court is authorized to award the Appellant her reasonable attorney's fees incurred on this appeal against Charlotte Motor Cars, LLC, under sections 501.2105 and 501.211, and 49 U.S.C. § 32710(b). Furthermore, the Appellant's motion for attorney's fees against the Appellee, American States Insurance Company, in accordance with section 627.428 is conditionally granted. If the trial court determines that the Appellant is the prevailing party in the litigation and entitled to her attorney's fees, the trial court is authorized to award the Appellant her reasonable attorney's fees incurred on this appeal against American States Insurance Company. The award of attorney's fees, if any, against American States Insurance Company, must be capped at the face value of the bond, absent proof that American States Insurance Company unreasonably delayed payment of the underlying claim. See Sanchez v. AN Luxury Imports of Pembroke Pines, Inc., 216 So. 3d 723, 733 (Fla. 4th DCA 2017). In all other respects, the Appellant's motion for attorney's fees is denied.The Appellees' motion for attorney's fees is denied.
|
|
| Docket Date |
2017-09-06
|
| Type |
Disposition by Opinion
|
| Subtype |
Reversed
|
| Description |
Reversed - Authored Opinion ~ and remanded with directions.
|
|
| Docket Date |
2017-02-23
|
| Type |
Order
|
| Subtype |
Order on Motion To Strike
|
| Description |
Deny Motion to Strike-13a ~ Appellees' motion to strike and motion to dismiss is denied.
|
|
| Docket Date |
2017-02-13
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ RESPONSE IN OPPOSITION TO APPELLEES' MOTION TO STRIKE AND MOTION TO DISMISS
|
| On Behalf Of |
JAMIE LANDRY
|
|
| Docket Date |
2017-02-06
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
|
| On Behalf Of |
CHARLOTTE MOTOR CARS, L L C
|
|
| Docket Date |
2017-02-06
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant Reply Brief
|
| On Behalf Of |
JAMIE LANDRY
|
|
| Docket Date |
2017-01-26
|
| Type |
Order
|
| Subtype |
Order to File Response
|
| Description |
ORD-TO FILE RESPONSE
|
|
| Docket Date |
2017-01-17
|
| Type |
Motions Other
|
| Subtype |
Motion To Dismiss
|
| Description |
Motion To Dismiss
|
| On Behalf Of |
CHARLOTTE MOTOR CARS, L L C
|
|
| Docket Date |
2017-01-17
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee Answer Brief
|
| On Behalf Of |
CHARLOTTE MOTOR CARS, L L C
|
|
| Docket Date |
2016-12-28
|
| Type |
Record
|
| Subtype |
Appendix to Initial Brief
|
| Description |
Appendix for Initial Brief
|
| On Behalf Of |
JAMIE LANDRY
|
|
| Docket Date |
2016-12-28
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Appellant Brief on Merits
|
| On Behalf Of |
JAMIE LANDRY
|
|
| Docket Date |
2016-12-12
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ PORTER
|
|
| Docket Date |
2016-11-30
|
| Type |
Order
|
| Subtype |
Order to File Response
|
| Description |
ORD-TO FILE RESPONSE ~ The appellant shall respond to the clerk of the circuit court's November 9, 2016, status report within 10 days of the date of this order.
|
|
| Docket Date |
2016-11-29
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Stipulation for Extension of Time ~ SEE ORDER DATED 11/30/16
|
| On Behalf Of |
JAMIE LANDRY
|
|
| Docket Date |
2016-11-28
|
| 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 |
JAMIE LANDRY
|
|
| Docket Date |
2016-11-09
|
| Type |
Misc. Events
|
| Subtype |
Status Report
|
| Description |
Status Report
|
| On Behalf Of |
CHARLOTTE CLERK
|
|
| Docket Date |
2016-11-07
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid through Portal
|
| On Behalf Of |
JAMIE LANDRY
|
|
| Docket Date |
2016-10-18
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
fee - civil; atty
|
|
| Docket Date |
2016-10-18
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter 1
|
|
| Docket Date |
2016-09-20
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2016-09-20
|
| Type |
Miscellaneous Document
|
| Subtype |
Lower Tribunal Transmittal Cover Sheet
|
| Description |
LOWER TRIBUNAL TRANSMITTAL COVER SHEET
|
|
| Docket Date |
2016-09-20
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
JAMIE LANDRY
|
|
|
