| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
3rd District Court of Appeal
|
| Originating Court |
Circuit Court for the Eleventh Judicial Circuit, Miami-Dade County
18-42153
|
Parties
| Name |
INSURANCE SERVICES OFFICE, INC.
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
ROBERT C. FOLLAND
|
|
| Name |
MSP RECOVERY CLAIMS, SERIES LLC
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Adrianna de la Cruz-Munoz, John H. Ruiz, J. Alfredo Armas, PETER D. WEINSTEIN, Michael A. Rosenberg
|
|
| Name |
Hon. Vivianne Del Rio
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Miami-Dade Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2022-06-03
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Misc. Extension Granted (OG02) ~ Appellant’s Motion for Extension of time to file the petition for writ of certiorari is granted to and including June 10, 2022.
|
|
| Docket Date |
2022-07-20
|
| Type |
Mandate
|
| Subtype |
Disp. w/o Mandate
|
| Description |
Disp w/o mandate
|
|
| Docket Date |
2022-07-20
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2022-06-30
|
| Type |
Disposition by Opinion
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Judge
|
|
| Docket Date |
2022-06-30
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
Appeal Dismissed by the Court (DA11) ~ In this appeal, Appellant, Insurance Services Office, Inc. (“ISO”), a non-party below, seeks appellate review of the trial court’s April 8, 2022, discovery order that denied ISO’s emergency motion for a protective order. While this Court has held that an order compelling a non-party to produce records constitutes a final, non-appealable order as to the non-party, see Varela v. OLA Condo. Ass’n, Inc., 279 So. 3d 266, 267 n.1 (Fla. 3d DCA 2019), this Court notes that the challenged order does nothing more than strike the appellees’ MSP Recovery Claims, Series, LLC; MSPA Claims 1, LLC; and Series PMPI, a designated series of MAO-MSO Recovery II, LLC. non-party subpoena as overbroad and determine the appellees’ entitlement to certain information in ISO’s possession. The order “defers ruling as to the methods or means of producing that data,” and does not otherwise compel ISO to produce any discovery. This Court, therefore, lacks either appellate or certiorari jurisdiction to review the challenged order. See Am. Med. Sys., LLC v. MSP Recovery Claims, Series LLC, 290 So. 3d 548, 551 (Fla. 3d DCA 2019) (“[B]ecause the challenged order in this case . . . does not require production of any discovery[,] Petitioners are unable to establish the requisite irreparable harm for us to exercise certiorari jurisdiction.”). Accordingly, this Court sua sponte dismisses the appeal without prejudice to ISO seeking appropriate relief if, and when, the trial court enters an order over which this Court may assert jurisdiction. Appeal dismissed.
|
|
| Docket Date |
2022-06-09
|
| Type |
Order
|
| Subtype |
Order Vacating/Withdrawing Order
|
| Description |
Order Vacated (OR29) ~ This Court's Orders of May 24, 2022, and June 3, 2022, arehereby vacated. See Varela v. OLA Condo. Ass'n, Inc., 279 So.3d 266, n.1 (Fla. 3d DCA 2019); United Servs. Auto Ass'n v. L. Offs. of Herssein & Herssein, P.A., 233 So.3d 1224, n. 6 (Fla. 3d DCA 2017). Appellant has until July 1, 2022, to file its initial brief.The Court, sua sponte, consolidates case nos. 3D22-790 and3D20-1506, but only to the extent that the appeal in 3D22-790 will be adjudicated by the same panel adjudicating the pending motion in 3D20-1506. Otherwise, the two cases shall remain distinct, and filings in the two cases shall remain separate.SCALES, LINDSEY and HENDON, JJ., concur.
|
|
| Docket Date |
2022-06-01
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time
|
| Description |
Motion for Extension of Time ~ MOTION FOR EXTENSION OF DEADLINE TO FILE PETITION FOR WRIT OFCERTIORARI
|
| On Behalf Of |
INSURANCE SERVICES OFFICE, INC.
|
|
| Docket Date |
2022-05-24
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
MISCELLANEOUS ORDER (OR999) ~ Appellant's Notice of Appeal is treated as a petition for writ of certiorari. Appellant/Petitioner is ordered to file a petition, and an appendix, within ten (10) days from the date of this Order.
|
|
| Docket Date |
2022-05-20
|
| Type |
Notice
|
| Subtype |
Notice of Filing
|
| Description |
Notice of Filing ~ INSURANCE SERVICES OFFICE, INC.'S NOTICE OF FILING CONFORMED COPYOF THE ORDER DESIGNATED IN THE NOTICE OF APPEAL
|
| On Behalf Of |
INSURANCE SERVICES OFFICE, INC.
|
|
| Docket Date |
2022-05-10
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
Order to pay filing fee-civil w/atty (OR14B) ~ This is to notify counsel for Appellant that the filing and prosecution of a notice of appeal in this Court is not acceptable without compliance with the Florida Rules of Appellate Procedure. Therefore, this appeal will be dismissed unless the required three hundred dollar ($300.00) fee is paid to the Clerk of the Court on or before May 20, 2022.
|
|
| Docket Date |
2022-05-10
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter ~ Acknowledgment of new case letter with attachments. The 3DCA $300 filing fee for a notice of appeal is due.
|
|
| Docket Date |
2022-05-10
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed ~ RELATED CASES: 20-1506 AND 20-1044ORDER ON APPEAL NOT ATTACHED TO NOA.
|
| On Behalf Of |
INSURANCE SERVICES OFFICE, INC.
|
|
| Docket Date |
2022-05-10
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
|
