|
NATIONAL SPECIALTY INSURANCE COMPANY VS STACIA MOODY
|
4D2022-2096
|
2022-08-02
|
Closed
|
|
| Classification |
Original Proceedings - Circuit Civil - Certiorari
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County
502022CA002285
|
Parties
| Name |
NATIONAL SPECIALTY INSURANCE COMPANY
|
| Role |
Petitioner
|
| Status |
Active
|
| Representations |
Tahirah R. Payne, Brian P. Henry
|
|
| Name |
Stacia Moody
|
| Role |
Respondent
|
| Status |
Active
|
| Representations |
John S. Bernstein, Robyn E. Lustgarten
|
|
| Name |
Hon. Samantha Schosberg Feuer
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Palm Beach
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2022-08-23
|
| Type |
Disposition
|
| Subtype |
Denied
|
| Description |
Denied - Order by Judge
|
|
| Docket Date |
2022-08-23
|
| Type |
Disposition by Order
|
| Subtype |
Denied
|
| Description |
Order Denying Petition for Writ - Certiorari ~ ORDERED that the August 11, 2022 petition is denied on the merits. See Fla. Stat. Sec. 86.111 (2021); Cintron v. Edison Insurance Company, 339 So. 3d 459 (Fla. 2d DCA 2022); Michael A. Marks, P.A. v. Geico Gen. Ins. Co., 332 So. 3d 11 (Fla. 4th DCA 2022).WARNER, CIKLIN and LEVINE, JJ., concur.
|
|
| Docket Date |
2022-08-16
|
| Type |
Brief
|
| Subtype |
Jurisdictional Brief
|
| Description |
Jurisdictional Brief
|
| On Behalf Of |
National Specialty Insurance Company
|
|
| Docket Date |
2022-08-15
|
| Type |
Record
|
| Subtype |
Appendix to Petition
|
| Description |
Appendix to Petition
|
| On Behalf Of |
National Specialty Insurance Company
|
|
| Docket Date |
2022-08-12
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
Order Striking Appendix - Non-Compliance With R. 9.220 ~ ORDERED that petitioner's appendix to the petition for writ of certiorari is stricken as not in compliance with Florida Rule of Appellate Procedure 9.220(c), which was amended effective October 1, 2017, in that it was not properly indexed and consecutively paginated, beginning with the cover sheet as page 1, was not paginated so that the page numbers displayed by the PDF reader exactly match the pagination of the index, and contains bookmarks which are not in compliance with Rule 9.220(c)(3). An amended appendix in compliance with Rule 9.220(c) shall be filed within two (2) days from the date of this order.
|
|
| Docket Date |
2022-08-11
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid Through Portal
|
| On Behalf Of |
National Specialty Insurance Company
|
|
| Docket Date |
2022-08-11
|
| Type |
Record
|
| Subtype |
Appendix to Petition
|
| Description |
Appendix to Petition ~ ***STRICKEN 8/12/22***
|
| On Behalf Of |
National Specialty Insurance Company
|
|
| Docket Date |
2022-08-11
|
| Type |
Petition
|
| Subtype |
Petition Certiorari
|
| Description |
Petition for Certiorari Filed
|
| On Behalf Of |
National Specialty Insurance Company
|
|
| Docket Date |
2022-08-04
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Stacia Moody
|
|
| Docket Date |
2022-08-04
|
| Type |
Order
|
| Subtype |
Order to File Response re Jurisdiction
|
| Description |
AA - File Statement for Basis of Jurisdiction ~ ORDERED that, within ten (10) days from the date of this order, appellant shall file in this court a brief statement explaining the basis for this court's subject matter jurisdiction over the order appealed in this case, citing supporting legal authorities. Appellant shall specifically address how the July 12, 2022 order is an appealable nonfinal order, as it appears the order merely denies a motion to dismiss. See Couto v. People’s Tr. Ins. Co., 320 So. 3d 224, 225 n.1 (Fla. 3d DCA 2021) (holding an order denying a motion to dismiss is a nonappealable, nonfinal order); Fisher v. Int’l Longshoremen’s Ass’n, 827 So. 2d 1096, 1097 (Fla. 1st DCA 2002) (“Therefore, only those interlocutory orders that determine issues involving service of process or the applicability of the long arm statute are appealable under [Rule 9.130(a)(3)(C)(i)].”). Further,Appellee may file a response within ten (10) days of service of that statement.
|
|
| Docket Date |
2022-08-02
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2022-08-02
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
ORD-Pay Filing Fee-Civil Appeal ~ The jurisdiction of this court was invoked by filing of a Notice of Appeal in the lower tribunal. The $300.00 filing fee required by the applicable rule of procedure and Section 35.22(2)(a), Florida Statutes (2021), is due and payable REGARDLESS OF WHETHER THE APPEAL IS LATER DISMISSED VOLUNTARILY OR ADVERSELY.ORDERED that appellant shall pay the $300.00 filing fee or file the lower tribunal clerk's determination of indigent status in this court within ten (10) days from the date of this order. The fee may be paid electronically through the Florida Courts E-Filing Portal – see the court’s website for details. Failure to comply within the time prescribed will result in dismissal of this cause and may result in the court sanctioning of any party, or the party's attorney, who has not paid the filing fee. The attorney filing the Notice of Appeal has a duty to tender the filing fee to the appellate court when the appeal is initiated. See In Re Payment of Filing Fees, 744 So. 2d 1025 (Fla. 4th DCA 1997). Failure of the attorney to pay will result in referral to the Department of Financial Services for collection.**NOTE: This order does not toll the time for filing any pleadings necessary to prosecute this appeal and no extensions of time will be entertained. Once the fee is paid, it is not refundable. Except for dismissal, this court will take no action in this appeal until the filing fee is paid or until a lower tribunal clerk's determination of indigent status is filed.
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|
| Docket Date |
2022-08-02
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2022-08-02
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
National Specialty Insurance Company
|
|
|
|
ERIKA CARRION and NORMAN CARRION VS NATIONAL SPECIALTY INSURANCE COMPANY
|
4D2022-1308
|
2022-05-12
|
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
502020CA007378
|
Parties
| Name |
Norman Carrion
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
Erika Carrion
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Christopher J. Maranges, Colleen A. Maranges, Teresita M. Perez
|
|
| Name |
NATIONAL SPECIALTY INSURANCE COMPANY
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Victor H. Waite, Brian P. Henry
|
|
| Name |
Hon. John S. Kastrenakes
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Palm Beach
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2022-10-19
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
Erika Carrion
|
|
| Docket Date |
2023-06-05
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2023-06-02
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2023-05-11
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed - Per Curiam Affirmed
|
|
| Docket Date |
2023-05-11
|
| Type |
Order
|
| Subtype |
Order on Motion For Attorney's Fees
|
| Description |
Deny Attorney's Fees ~ ORDERED that appellants’ February 2, 2023 motion for attorney's fees is denied.
|
|
| Docket Date |
2023-02-02
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
|
| On Behalf Of |
Erika Carrion
|
|
| Docket Date |
2023-02-02
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant's Reply Brief
|
| On Behalf Of |
Erika Carrion
|
|
| Docket Date |
2023-01-10
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 15 DAYS TO 02/02/2023
|
|
| Docket Date |
2023-01-10
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Reply Brief
|
| Description |
Notice of Agreed Extension - Reply Brief
|
| On Behalf Of |
Erika Carrion
|
|
| Docket Date |
2022-12-20
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief
|
| On Behalf Of |
National Specialty Insurance Company
|
|
| Docket Date |
2022-09-15
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
| Description |
Notice of Agreed Extension - Initial Brief
|
| On Behalf Of |
Erika Carrion
|
|
| Docket Date |
2022-09-15
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 30 DAYS TO 10/19/2022
|
|
| Docket Date |
2022-08-16
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
| Description |
Notice of Agreed Extension - Initial Brief
|
| On Behalf Of |
Erika Carrion
|
|
| Docket Date |
2022-08-16
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 30 DAYS TO 09/19/2022
|
|
| Docket Date |
2022-07-13
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
| Description |
Notice of Agreed Extension - Initial Brief
|
| On Behalf Of |
Erika Carrion
|
|
| Docket Date |
2022-07-13
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 30 DAYS TO 08/19/2022
|
|
| Docket Date |
2022-06-30
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ 607 PAGES
|
| On Behalf Of |
Clerk - Palm Beach
|
|
| Docket Date |
2022-05-17
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid Through Portal
|
| On Behalf Of |
Erika Carrion
|
|
| Docket Date |
2022-05-12
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
ORD-Pay Filing Fee-Civil Appeal ~ The jurisdiction of this court was invoked by filing of a Notice of Appeal in the lower tribunal. The $300.00 filing fee required by the applicable rule of procedure and Section 35.22(2)(a), Florida Statutes (2021), is due and payable REGARDLESS OF WHETHER THE APPEAL IS LATER DISMISSED VOLUNTARILY OR ADVERSELY.ORDERED that appellant shall pay the $300.00 filing fee or file the lower tribunal clerk's determination of indigent status in this court within ten (10) days from the date of this order. The fee may be paid electronically through the Florida Courts E-Filing Portal – see the court’s website for details. Failure to comply within the time prescribed will result in dismissal of this cause and may result in the court sanctioning of any party, or the party's attorney, who has not paid the filing fee. The attorney filing the Notice of Appeal has a duty to tender the filing fee to the appellate court when the appeal is initiated. See In Re Payment of Filing Fees, 744 So. 2d 1025 (Fla. 4th DCA 1997). Failure of the attorney to pay will result in referral to the Department of Financial Services for collection.**NOTE: This order does not toll the time for filing any pleadings necessary to prosecute this appeal and no extensions of time will be entertained. Once the fee is paid, it is not refundable. Except for dismissal, this court will take no action in this appeal until the filing fee is paid or until a lower tribunal clerk's determination of indigent status is filed.
|
|
| Docket Date |
2022-05-12
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2022-05-12
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2022-05-12
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
Erika Carrion
|
|
|
|
NATIONAL SPECIALTY INSURANCE COMPANY VS SAMUEL A. BENEDETTI
|
5D2022-0739
|
2022-03-27
|
Closed
|
|
| Classification |
Original Proceedings - Circuit Civil - Certiorari
|
| Court |
5th District Court of Appeal
|
| Originating Court |
Circuit Court for the Eighteenth Judicial Circuit, Brevard County
05-2019-CA-016066
|
Parties
| Name |
NATIONAL SPECIALTY INSURANCE COMPANY
|
| Role |
Petitioner
|
| Status |
Active
|
| Representations |
Michelle Diverio
|
|
| Name |
Samuel A. Benedetti
|
| Role |
Respondent
|
| Status |
Active
|
| Representations |
Seth Kerr, Mark A. Nation, Gregory M. Krak, Paul W. Pritchard
|
|
| Name |
Hon. Dale Curt Jacobus
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk Brevard
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2022-05-09
|
| Type |
Mandate
|
| Subtype |
Disp. w/o Mandate
|
| Description |
Disp. w/o Mandate
|
|
| Docket Date |
2022-05-09
|
| Type |
Record
|
| Subtype |
Returned Records
|
| Description |
Returned Records ~ NO RECORD E-FILE
|
|
| Docket Date |
2022-04-18
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Clerk
|
|
| Docket Date |
2022-04-18
|
| Type |
Order
|
| Subtype |
Order on Motion/Notice Voluntary Dismissal (non-dispositive)
|
| Description |
Order Granting Voluntary Dismissal ~ MOT FOR ATTY FEES AND COSTS MOOT
|
|
| Docket Date |
2022-04-14
|
| Type |
Motions Other
|
| Subtype |
Motion/Notice Voluntary Dismissal
|
| Description |
Notice of Voluntary Dismissal
|
| On Behalf Of |
National Specialty Insurance Company
|
|
| Docket Date |
2022-04-14
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
ORD - Appeal to Proceed ~ PET SHALL TIMELY PROCEED...
|
|
| Docket Date |
2022-04-01
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ TO MOT FOR FEES AND COSTS
|
| On Behalf Of |
Samuel A. Benedetti
|
|
| Docket Date |
2022-04-01
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
ORD-Stricken (certificate of service) ~ PT W/IN 5 DYS FILE AMENDED NOVD AND NOTIFY THIS COURT RE: WHETHER NOVD MOOTS MOT ATTY FEES...
|
|
| Docket Date |
2022-03-31
|
| Type |
Motions Other
|
| Subtype |
Motion/Notice Voluntary Dismissal
|
| Description |
Notice of Voluntary Dismissal ~ STRICKEN PER 4/1 ORDER
|
| On Behalf Of |
National Specialty Insurance Company
|
|
| Docket Date |
2022-03-29
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Fees and Cost ~ FOR MERIT PANEL CONSIDERATION
|
| On Behalf Of |
Samuel A. Benedetti
|
|
| Docket Date |
2022-03-28
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Samuel A. Benedetti
|
|
| Docket Date |
2022-03-28
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgement Letter 1
|
|
| Docket Date |
2022-03-28
|
| Type |
Order
|
| Subtype |
Order to File Response
|
| Description |
ORD-Respondent to Respond ~ RESPONSE W/IN 20 DYS; REPLY W/IN 10 DYS
|
|
| Docket Date |
2022-03-27
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2022-03-28
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
CASE FILING FEE PAID THROUGH PORTAL
|
|
| Docket Date |
2022-03-27
|
| Type |
Record
|
| Subtype |
Appendix to Petition
|
| Description |
Appendix to Petition
|
| On Behalf Of |
National Specialty Insurance Company
|
|
| Docket Date |
2022-03-27
|
| Type |
Petition
|
| Subtype |
Petition
|
| Description |
Petition Filed ~ FILED 3/27/22
|
| On Behalf Of |
National Specialty Insurance Company
|
|
|
|
LLOYD MEISELS, P.A., et al. VS STEVEN DOBROFSKY
|
4D2021-2397
|
2021-08-16
|
Closed
|
|
| Classification |
NOA Final - County Civil - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
County Court for the Seventeenth Judicial Circuit, Broward County
CONO18-008000
|
Parties
| Name |
NATIONAL SPECIALTY INSURANCE COMPANY
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
CORAL SPRINGS ANIMAL HOSPITAL, INC.
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
Lloyd Meisels, P.A.
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Brian P. Henry, Victor H. Waite
|
|
| Name |
Christopher McLaughlin
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
DVM CORPORATION
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
Steven Dobrofsky
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Hon. John Hurley
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Broward
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2021-08-16
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
Lloyd Meisels, P.A.
|
|
| Docket Date |
2222-10-14
|
| Type |
Misc. Events
|
| Subtype |
Miscellaneous Docket Entry
|
| Description |
Miscellaneous Entry/Document ~ **RETURNED MAIL FOR STEVEN DOBROFSKY. TEMPORARILY AWAY, UNABLE TO FORWARD.**
|
|
| Docket Date |
2022-06-24
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2022-06-24
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2022-06-08
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed - Authored Opinion
|
|
| Docket Date |
2022-02-22
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant's Reply Brief
|
| On Behalf Of |
Lloyd Meisels, P.A.
|
|
| Docket Date |
2022-01-25
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief
|
| On Behalf Of |
Steven Dobrofsky
|
|
| Docket Date |
2021-12-30
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Brief
|
| On Behalf Of |
Lloyd Meisels, P.A.
|
|
| Docket Date |
2021-12-29
|
| 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 |
Steven Dobrofsky
|
|
| Docket Date |
2021-12-28
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
Order Striking Appendix - Non-Compliance With R. 9.220 ~ ORDERED that appellants' appendix to the initial brief is stricken as not in compliance with Florida Rule of Appellate Procedure 9.220(c), which was amended effective October 1, 2017, in that it contains bookmarks which are not in compliance with Rule 9.220(c)(3), and contains condensed transcripts]. An amended appendix in compliance with Rule 9.220(c) shall be filed within two (2) days from the date of this order.
|
|
| Docket Date |
2021-12-27
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response
|
| On Behalf Of |
Lloyd Meisels, P.A.
|
|
| Docket Date |
2021-12-22
|
| Type |
Order
|
| Subtype |
Show Cause
|
| Description |
Show Cause Lack of Prosecution, Initial Brief ~ ***VACATED 12/28/21***ORDERED that appellants in the above-styled case are directed to show cause in writing, if any there be, on or before January 3, 2022, why the above-styled case should not be dismissed for lack of timely prosecution, in that appellants' initial brief has not been filed with this court as of this date. Failure to respond to this order will result in a sua sponte dismissal without further notice. If the initial brief is filed within this time, the order to show cause will be considered automatically discharged without further order.
|
|
| Docket Date |
2021-11-19
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Brief ~ ***STRICKEN 12/28/21***
|
| On Behalf Of |
Lloyd Meisels, P.A.
|
|
| Docket Date |
2021-11-19
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
Lloyd Meisels, P.A.
|
|
| Docket Date |
2021-11-18
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ 967 PAGES
|
| On Behalf Of |
Clerk - Broward
|
|
| Docket Date |
2021-11-17
|
| Type |
Misc. Events
|
| Subtype |
Affidavit
|
| Description |
Affidavit ~ OF NON-PAYMENT OF APPEAL INVOICE
|
| On Behalf Of |
Clerk - Broward
|
|
| Docket Date |
2021-11-15
|
| Type |
Misc. Events
|
| Subtype |
Status Report
|
| Description |
Status Report
|
| On Behalf Of |
Lloyd Meisels, P.A.
|
|
| Docket Date |
2021-11-10
|
| Type |
Order
|
| Subtype |
Order to File Status Report
|
| Description |
Order for Status Report Re: ROA ~ Upon consideration of the Affidavit of Non-Payment of Appeal Invoice filed by the clerk of the lower tribunal on November 2, 2021, appellants are ordered to file a report, within five (5) days from the date of this order, as to the status of the payment for and preparation of the record on appeal.
|
|
| Docket Date |
2021-11-02
|
| Type |
Misc. Events
|
| Subtype |
Affidavit
|
| Description |
Affidavit ~ OF NON-PAYMENT OF APPEAL INVOICE
|
| On Behalf Of |
Clerk - Broward
|
|
| Docket Date |
2021-11-01
|
| Type |
Misc. Events
|
| Subtype |
Status Report
|
| Description |
Status Report
|
| On Behalf Of |
Lloyd Meisels, P.A.
|
|
| Docket Date |
2021-10-22
|
| Type |
Order
|
| Subtype |
Order to File Status Report
|
| Description |
Order for Status Report Re: ROA ~ ORDERED that, within ten (10) days from the date of this order, appellants shall file a report as to the status of the payment for and preparation of the record on appeal.
|
|
| Docket Date |
2021-10-13
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
Order Granting EOT for Initial Brief ~ ORDERED that appellants' October 12, 2021 motion for extension of time is granted, and appellants shall serve the initial brief on or before November 19, 2021. 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 |
2021-10-12
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Initial Brief
|
| Description |
Mot. for Extension of time to file Initial Brief
|
| On Behalf Of |
Lloyd Meisels, P.A.
|
|
| Docket Date |
2021-10-04
|
| Type |
Misc. Events
|
| Subtype |
Affidavit
|
| Description |
Affidavit
|
| On Behalf Of |
Clerk - Broward
|
|
| Docket Date |
2021-10-01
|
| Type |
Misc. Events
|
| Subtype |
Status Report
|
| Description |
Status Report
|
| On Behalf Of |
Lloyd Meisels, P.A.
|
|
| Docket Date |
2021-09-30
|
| Type |
Misc. Events
|
| Subtype |
Status Report
|
| Description |
Status Report ~ **STRICKEN**
|
| On Behalf Of |
Lloyd Meisels, P.A.
|
|
| Docket Date |
2021-09-30
|
| Type |
Order
|
| Subtype |
Order to File Response
|
| Description |
ORD-Appellant to File Response ~ ORDERED that appellants are directed to respond, within ten (10) days from the date of this order, to this court’s September 13, 2021 order.
|
|
| Docket Date |
2021-09-13
|
| Type |
Order
|
| Subtype |
Order to File Status Report
|
| Description |
Order for Status Report Re: ROA ~ Upon consideration of the Affidavit of Non-Payment of Appeal Invoice filed by the clerk of the lower tribunal on September 2, 2021, appellants are ordered to file a report, within ten (10) days from the date of this order, as to the status of the payment for and preparation of the record on appeal.
|
|
| Docket Date |
2021-09-02
|
| Type |
Misc. Events
|
| Subtype |
Affidavit
|
| Description |
Affidavit ~ OF NON-PAYMENT OF APPEAL INVOICE
|
| On Behalf Of |
Clerk - Broward
|
|
| Docket Date |
2021-08-20
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid Through Portal
|
| On Behalf Of |
Lloyd Meisels, P.A.
|
|
| Docket Date |
2021-08-16
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2022-01-05
|
| Type |
Order
|
| Subtype |
Order on Motion to Set Briefing Schedule
|
| Description |
ORD-Setting Briefing Schedule ~ ORDERED that appellant's December 29, 2021 “Motion for Extension and/or Determine Time to File Appellee's Brief and Motion to Correct Docket to Reflect that Appellants' Initial Brief was Received by the Clerk of the 4th District Court of Appeals on December 27, 2021” is treated as a motion for briefing schedule and is granted. The time for the answer brief shall run from December 29, 2021.
|
|
| Docket Date |
2021-10-01
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
Stricken - Non-Compliance With R. 9.045 ~ ORDERED that appellants' September 30, 2021 status report is stricken as not in compliance with Florida Rule of Appellate Procedure 9.045, which became effective January 1, 2021, in that it is a computer-generated document which does not comply with the font requirements set forth in Rule 9.045(b). See Fla. R. App. P. 9.045(b) (“Computer-generated documents shall be filed in either Arial 14-point font or Bookman Old Style 14-point font.”). An amended document in compliance with Rule 9.045 shall be filed within two (2) days from the date of this order.
|
|
| Docket Date |
2021-08-16
|
| Type |
Misc. Events
|
| Subtype |
Miscellaneous Trial Court Document
|
| Description |
Misc. LT pleadings ~ *Civil Cover Sheet
|
|
| Docket Date |
2021-08-16
|
| Type |
Order
|
| Subtype |
Amended/Additional Filing(s) Needed
|
| Description |
Appellant to File Order Appealed-Civil ~ ORDERED that appellant is directed to file, within fifteen (15) days from the date of this order, a conformed copy of the order being appealed. See Florida Rule of Appellate Procedure 9.110(d). This copy must contain a legible stamp from the clerk of the lower tribunal, showing the date and time the order being appealed was filed in that office.
|
|
|
|
ALEX FINCH D/ B/ A FINCH LAW FIRM AND FROMANG & FINCH, P. A. VS MASSEY CONSTRUCTION GROUP, INC. A/ A/ O GREGORY & PATRICIA ACKLEY AND NATIONAL SPECIALTY INSURANCE COMPANY
|
2D2021-2413
|
2021-08-06
|
Closed
|
|
| Classification |
Original Proceedings - Circuit Civil - Prohibition
|
| Court |
2nd District Court of Appeal
|
| Originating Court |
Circuit Court for the Twentieth Judicial Circuit, Collier County
20-CA-1917
|
Parties
| Name |
ALEX FINCH
|
| Role |
Petitioner
|
| Status |
Active
|
| Representations |
ALEX FINCH, ESQ.
|
|
| Name |
FROMANG & FINCH, P.A.
|
| Role |
Petitioner
|
| Status |
Active
|
|
| Name |
FINCH LAW FIRM
|
| Role |
Petitioner
|
| Status |
Active
|
|
| Name |
PATRICIA L. ACKLEY
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
GREGORY B. ACKLEY
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
NATIONAL SPECIALTY INSURANCE COMPANY
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
MASSEY CONSTRUCTION GROUP , INC.
|
| Role |
Respondent
|
| Status |
Active
|
| Representations |
SUSAN Z. AYERS, ESQ., MELISSA A. GIASI, ESQ., ARTHUR L. JONES, ESQ.
|
|
| Name |
HONORABLE ELIZABETH V. KRIER
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
COLLIER CLERK
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2022-01-10
|
| Type |
Misc. Events
|
| Subtype |
Case Closed
|
| Description |
Case Closed
|
|
| Docket Date |
2021-12-20
|
| Type |
Disposition by Order
|
| Subtype |
Denied
|
| Description |
denial of prohibition ~ The petition for writ of certiorari, prohibition, and mandamus is denied.
|
|
| Docket Date |
2021-12-20
|
| Type |
Disposition
|
| Subtype |
Denied
|
| Description |
Denied - Order by Judge ~ NORTHCUTT, KELLY, and BLACK
|
|
| Docket Date |
2021-09-23
|
| Type |
Record
|
| Subtype |
Appendix to Response
|
| Description |
APPENDICES /ATTACHMENTS TO RESPONSE ~ APPENDIX TO RESPONSE TO PETITION FOR WRIT OF CERTIORARI,PROHIBITION, AND MANDAMUS
|
| On Behalf Of |
MASSEY CONSTRUCTION GROUP, INC.
|
|
| Docket Date |
2021-09-23
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ RESPONSE TO PETITION FOR WRIT OF CERTIORARI, PROHIBITION, AND MANDAMUS
|
| On Behalf Of |
MASSEY CONSTRUCTION GROUP, INC.
|
|
| Docket Date |
2021-09-09
|
| Type |
Order
|
| Subtype |
Order on Miscellaneous Motion
|
| Description |
Grant Miscellaneous Motion-79 ~ Respondents unopposed motion for extension of time to file response to petition for writ of certiorari, prohibition and mandamus is granted, and the response shall be served within fifteen days of this order.
|
|
| Docket Date |
2021-09-03
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance ~ NOTICE OF APPEARANCE AS COUNSEL FORRESPONDENT MASSEY CONSTRUCTION GROUP, INC. A/A/O GREGORY B. ACKLEY. AND PATRICIA L. ACKLEYAND DESIGNATION OF E-MAIL ADDRESSES
|
| On Behalf Of |
MASSEY CONSTRUCTION GROUP, INC.
|
|
| Docket Date |
2021-09-03
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to File Response
|
| Description |
Motion Extension of time To File Response
|
| On Behalf Of |
MASSEY CONSTRUCTION GROUP, INC.
|
|
| Docket Date |
2021-08-10
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
MISCELLANEOUS ORDER ~ Respondent(s) shall serve a response to the petition by September 9, 2021. Thepetitioner may reply within 30 days of service of the response. This order does notoperate as a stay of the lower tribunal proceedings pursuant to Florida Rule of AppellateProcedure 9.100(h).
|
|
| Docket Date |
2021-08-09
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter 1
|
|
| Docket Date |
2021-08-06
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2021-08-06
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
ORIGINAL APPENDIX OR ATTACHMENT
|
| On Behalf Of |
ALEX FINCH
|
|
| Docket Date |
2021-08-06
|
| Type |
Petition
|
| Subtype |
Petition
|
| Description |
Petition Filed
|
| On Behalf Of |
ALEX FINCH
|
|
|
|
NATIONAL SPECIALTY INSURANCE COMPANY VS PHYSICIAN'S PAIN & REHAB CENTER and PAIN MANAGEMENT GROUP OF SOUTH FLORIDA, INC. a/a/o CHARLES DOR
|
4D2021-0788
|
2021-02-11
|
Closed
|
|
| Classification |
NOA Final - County Civil - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
COCE07-000423
Circuit Court for the Seventeenth Judicial Circuit, Broward County
CACE05-018698
Circuit Court for the Seventeenth Judicial Circuit, Broward County
CACE20-13830
|
Parties
| Name |
NATIONAL SPECIALTY INSURANCE COMPANY
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
James A. McKee, Mallory Neumann
|
|
| Name |
Charles Dor
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Pain Management Group of South Florida, Inc.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Physician's Pain & Rehab Center
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Simone F. Nelson, Emilio Stillo, Justin Morgan, Phyllis Pritcher, Marlene Reiss
|
|
| Name |
Hon. Kathleen McCarthy
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Broward
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2021-03-23
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Clerk
|
|
| Docket Date |
2021-03-23
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
Order Granting Voluntary Dismissal ~ Pursuant to the March 19, 2021 notice of voluntary dismissal, this case is dismissed.
|
|
| Docket Date |
2021-03-19
|
| Type |
Motions Other
|
| Subtype |
Motion/Notice Voluntary Dismissal
|
| Description |
Notice of Voluntary Dismissal
|
| On Behalf Of |
National Specialty Insurance Company
|
|
| Docket Date |
2021-02-12
|
| 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. 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 circuit court clerk's determination of indigent status is filed.
|
|
| Docket Date |
2021-02-12
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2021-02-12
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid Through Portal
|
| On Behalf Of |
National Specialty Insurance Company
|
|
| Docket Date |
2021-02-11
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2021-02-11
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
National Specialty Insurance Company
|
|
|
|
NATIONAL SPECIALTY INSURANCE COMPANY, VS ROSA LASCAIBAR,
|
3D2021-0453
|
2021-02-03
|
Closed
|
|
| Classification |
NOA Non Final - Circuit Civil - Other
|
| Court |
3rd District Court of Appeal
|
| Originating Court |
Circuit Court for the Eleventh Judicial Circuit, Miami-Dade County
20-23207
|
Parties
| Name |
NATIONAL SPECIALTY INSURANCE COMPANY
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
BRIAN P. HENRY, AARON ALFANO
|
|
| Name |
ROSA LASCAIBAR
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Nicolas M. Echevarria
|
|
| Name |
Hon. Beatrice Butchko
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Miami-Dade Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2021-03-01
|
| Type |
Disposition by Opinion
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Clerk
|
|
| Docket Date |
2021-03-01
|
| Type |
Motion
|
| Subtype |
Stipulation
|
| Description |
Stipulation ~ STIPULATION FOR DISMISSAL OF APPEAL
|
| On Behalf Of |
NATIONAL SPECIALTY INSURANCE COMPANY
|
|
| Docket Date |
2021-03-01
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
Stipulation of Dismissal (DA11J) ~ IT IS HEREBY ORDERED that the parties’ Stipulation for Dismissal of Appeal is recognized by the Court, and this appeal from the Circuit Court for Miami-Dade County, Florida, is hereby dismissed.
|
|
| Docket Date |
2021-03-01
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2021-03-01
|
| Type |
Mandate
|
| Subtype |
Disp. w/o Mandate
|
| Description |
Disp w/o mandate
|
|
| Docket Date |
2021-02-17
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ IB-30 days to 3/19/21
|
|
| Docket Date |
2021-02-16
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Notice of Agreed Extension of Time
|
| On Behalf Of |
NATIONAL SPECIALTY INSURANCE COMPANY
|
|
| Docket Date |
2021-02-04
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid Through Portal
|
| On Behalf Of |
NATIONAL SPECIALTY INSURANCE COMPANY
|
|
| Docket Date |
2021-02-03
|
| Type |
Notice
|
| Subtype |
Notice of Appeal Transmittal Form
|
| Description |
Notice of Transmittal--NOA
|
| On Behalf Of |
ROSA LASCAIBAR
|
|
| Docket Date |
2021-02-03
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter ~ Acknowledgment of new case letter with attachments. The $300 3DCA filing fee for a notice of appeal is due.
|
|
| Docket Date |
2021-02-03
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2021-02-03
|
| 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 February 13, 2021.
|
|
|
|
NATIONAL SPECIALTY INSURANCE COMPANY VS PHYSICIAN'S PAIN & REHAB CENTER and PAIN MANAGEMENT GROUP OF SOUTH FLORIDA, INC. a/a/o CHARLES DOR
|
4D2021-0627
|
2021-01-28
|
Closed
|
|
| Classification |
NOA Final - County Civil - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
CACE20-13830
Circuit Court for the Seventeenth Judicial Circuit, Broward County
COCE07-000423
County Court for the Seventeenth Judicial Circuit, Broward County
COCE05-018698
|
Parties
| Name |
NATIONAL SPECIALTY INSURANCE COMPANY
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
James A. McKee, Mallory Neumann
|
|
| Name |
Charles Dor
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Pain Management Group of South Florida, Inc.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Physician's Pain & Rehab Center
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Emilio Stillo, Phyllis Pritcher, Simone F. Nelson, Justin Morgan, Marlene Reiss, Mac Samuel Phillips
|
|
| Name |
Hon. Kathleen McCarthy
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Broward
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2021-03-22
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
Order Granting Voluntary Dismissal ~ Pursuant to the March 19, 2021 notice of voluntary dismissal, this case is dismissed.
|
|
| Docket Date |
2021-03-22
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Clerk
|
|
| Docket Date |
2021-03-19
|
| Type |
Motions Other
|
| Subtype |
Motion/Notice Voluntary Dismissal
|
| Description |
Notice of Voluntary Dismissal
|
| On Behalf Of |
National Specialty Insurance Company
|
|
| Docket Date |
2021-03-09
|
| Type |
Order
|
| Subtype |
Show Cause
|
| Description |
Show Cause Lack of Prosecution, Initial Brief ~ ORDERED that appellant in the above-styled case is directed to show cause in writing, if any there be, within ten (10) days from the date of this order, why the above-styled case should not be dismissed for lack of timely prosecution, in that appellant's initial brief has not been filed with this court as of this date. Failure to respond to this order will result in a sua sponte dismissal without further notice. If the initial brief is filed within this time, the order to show cause will be considered automatically discharged without further order.
|
|
| Docket Date |
2021-02-08
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Miscellaneous Order ~ Upon consideration of appellant’s January 6, 2021 response, it is ORDERED that appellees’ October 2, 2020 motion to dismiss is granted in part as to the alternative relief requested. The appeal from case number COCE07-000423 shall proceed under case number 4D21-0627. As to case number COCE05-018698, this order shall be filed with the lower tribunal and treated as the Notice of Appeal of the July 30, 2020 final judgment, which was timely filed on August 24, 2020. Upon receipt, the clerk of the lower tribunal shall certify a copy of this order to this court. The appeal shall proceed under a new case number, which shall be assigned upon receipt in this court of the certified order. All time requirements of the Florida Rules of Appellate Procedure shall run from the date of this order.
|
|
| Docket Date |
2021-01-29
|
| 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 |
2021-01-29
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2021-01-28
|
| Type |
Notice
|
| Subtype |
Appeal Transfer Cover Sheet
|
| Description |
Appeal Transfer Form
|
| On Behalf Of |
National Specialty Insurance Company
|
|
| Docket Date |
2021-01-28
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
NF:Not Required
|
|
|
|
MARLEN GUTIERREZ VS NATIONAL SPECIALTY INSURANCE COMPANY
|
4D2020-1442
|
2020-06-23
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
CACE18-013846
|
Parties
| Name |
Marlen Gutierrez
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Erin M. Berger, Melissa Ann Giasi
|
|
| Name |
NATIONAL SPECIALTY INSURANCE COMPANY
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Brian P. Henry, Jennifer Scarlet Jimenez, Victor H. Waite
|
|
| Name |
Hon. Mark Alan Speiser
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Broward
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2020-12-29
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Clerk
|
|
| Docket Date |
2020-12-29
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
Order Granting Voluntary Dismissal ~ Pursuant to the December 28, 2020 notice of voluntary dismissal, this case is dismissed.
|
|
| Docket Date |
2020-12-28
|
| Type |
Motions Other
|
| Subtype |
Motion/Notice Voluntary Dismissal
|
| Description |
Notice of Voluntary Dismissal
|
| On Behalf Of |
Marlen Gutierrez
|
|
| Docket Date |
2020-12-22
|
| 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 December 21, 2020 motion for extension of time is granted, and appellant shall serve the initial brief within fourteen (14) 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 may be subject to dismissal or the court in its discretion may impose other sanctions.
|
|
| Docket Date |
2020-12-21
|
| 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 |
Marlen Gutierrez
|
|
| Docket Date |
2020-12-09
|
| Type |
Record
|
| Subtype |
Supplemental Record
|
| Description |
Supplemental Records ~ 45 PAGES
|
| On Behalf Of |
Clerk - Broward
|
|
| Docket Date |
2020-11-30
|
| Type |
Order
|
| Subtype |
Order on Motion to Supplement Record & EOT/Toll Briefing
|
| Description |
Ord-Supplement ROA & Toll Time for Brief ~ Upon consideration of appellant’s November 17, 2020 “amended motion to supplement record on appeal and to toll time for filing of initial brief” 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 twenty (20) days from the date of this order. Appellant shall monitor the supplementation process. Further, ORDERED that the time for filing appellant’s initial brief is tolled until five (5) days after the supplemental record is received.
|
|
| Docket Date |
2020-11-19
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response
|
| On Behalf Of |
National Specialty Insurance Company
|
|
| Docket Date |
2020-11-17
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion to Supplement Record & EOT/Toll Briefing
|
| Description |
Mot. file supp'l ROA & toll time ~ AMENDED
|
| On Behalf Of |
Marlen Gutierrez
|
|
| Docket Date |
2020-11-09
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion to Supplement Record & EOT/Toll Briefing
|
| Description |
Mot. file supp'l ROA & toll time ~ **AMENDED MOTION FILED**
|
| On Behalf Of |
Marlen Gutierrez
|
|
| Docket Date |
2020-09-09
|
| 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 August 31, 2020 motion for extension of time is granted, and appellant shall serve the initial brief within sixty (60) 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 may be subject to dismissal or the court in its discretion may impose other sanctions.
|
|
| Docket Date |
2020-09-03
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ 499 PAGES
|
| On Behalf Of |
Clerk - Broward
|
|
| Docket Date |
2020-08-31
|
| 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 |
Marlen Gutierrez
|
|
| Docket Date |
2020-08-31
|
| Type |
Misc. Events
|
| Subtype |
Status Report
|
| Description |
Status Report
|
| On Behalf Of |
Marlen Gutierrez
|
|
| Docket Date |
2020-08-20
|
| Type |
Order
|
| Subtype |
Order to File Status Report
|
| Description |
Order for Status Report Re: ROA ~ Upon consideration of appellee’s August 19, 2020 motion to enforce, appellant is ordered to file a report, within ten (10) days from the date of this order, as to the status of the payment and preparation of the record on appeal.
|
|
| Docket Date |
2020-08-19
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
Miscellaneous Motion ~ MOTION TO ENFORCE
|
| On Behalf Of |
National Specialty Insurance Company
|
|
| Docket Date |
2020-08-12
|
| Type |
Misc. Events
|
| Subtype |
Affidavit
|
| Description |
Affidavit ~ OF NON-PAYMENT OF APPEAL INVOICE
|
| On Behalf Of |
Clerk - Broward
|
|
| Docket Date |
2020-07-06
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid Through Portal
|
| On Behalf Of |
Marlen Gutierrez
|
|
| Docket Date |
2020-06-24
|
| 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. 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 circuit court clerk's determination of indigent status is filed.
|
|
| Docket Date |
2020-06-24
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2020-06-23
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2020-06-23
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
Marlen Gutierrez
|
|
|
|
THE PLUMBING PROFESSIONALS, LLC, et al. VS NATIONAL SPECIALTY INSURANCE COMPANY
|
4D2020-0673
|
2020-03-09
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
CACE19-010109
|
Parties
| Name |
Erica's Plumbing & Restoration Professionals
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
THE PLUMBING PROFESSIONALS, LLC
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Jeremy Theodore Schilling, Meryl Hoffman Hendrix
|
|
| Name |
David Ceccarelli
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
NATIONAL SPECIALTY INSURANCE COMPANY
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Alejandro Sanchez Parraga
|
|
| Name |
Hon. William W. Haury, Jr.
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Broward
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2020-04-09
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Clerk
|
|
| Docket Date |
2020-04-09
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
Order Granting Voluntary Dismissal ~ Pursuant to the April 8, 2020 notice of voluntary dismissal, this case is dismissed.
|
|
| Docket Date |
2020-04-08
|
| Type |
Motions Other
|
| Subtype |
Motion/Notice Voluntary Dismissal
|
| Description |
Notice of Voluntary Dismissal
|
| On Behalf Of |
The Plumbing Professionals, LLC
|
|
| Docket Date |
2020-04-07
|
| Type |
Misc. Events
|
| Subtype |
Affidavit
|
| Description |
Affidavit ~ OF NON-PAYMENT OF APPEAL INVOICE
|
| On Behalf Of |
Clerk - Broward
|
|
| Docket Date |
2020-03-19
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid Through Portal
|
| On Behalf Of |
The Plumbing Professionals, LLC
|
|
| Docket Date |
2020-03-10
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
ORD-Pay Filing Fee-Civil Appeal ~ The jurisdiction of this court was invoked by filing of a Notice of Appeal in the lower tribunal. The $300.00 filing fee, 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. 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 circuit court clerk's determination of indigent status is filed.
|
|
| Docket Date |
2020-03-10
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2020-03-09
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2020-03-09
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
The Plumbing Professionals, LLC
|
|
|
|
NATIONAL SPECIALTY INSURANCE COMPANY VS MICHAEL KERREY, VIP TOUR PACKAGE AND ANA M. JUSAKOS
|
5D2017-3659
|
2017-11-21
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
5th District Court of Appeal
|
| Originating Court |
Circuit Court for the Ninth Judicial Circuit, Orange County
2016-CA-681
|
Parties
| Name |
NATIONAL SPECIALTY INSURANCE COMPANY
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Hinda Klein
|
|
| Name |
VIP TOUR PACKAGE LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
MICHAEL KERREY
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
J. Scott Murphy, Michael L. Glass, John V. Colvin
|
|
| Name |
ANA M. JUSAKOS
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Hon. John E. Jordan
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Orange Cty Circuit Ct Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2018-04-04
|
| Type |
Record
|
| Subtype |
Returned Records
|
| Description |
Returned Records ~ NO RECORD EFILED
|
|
| Docket Date |
2018-04-04
|
| Type |
Mandate
|
| Subtype |
Notice Memorandum
|
| Description |
Notice Memorandum
|
|
| Docket Date |
2018-03-16
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Clerk
|
|
| Docket Date |
2018-03-16
|
| Type |
Order
|
| Subtype |
Order on Motion/Notice Voluntary Dismissal (non-dispositive)
|
| Description |
Order Granting Voluntary Dismissal
|
|
| Docket Date |
2018-03-15
|
| Type |
Motions Other
|
| Subtype |
Motion/Notice Voluntary Dismissal
|
| Description |
Notice of Voluntary Dismissal
|
| On Behalf Of |
National Specialty Insurance Company
|
|
| Docket Date |
2018-03-13
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Miscellaneous Order ~ ABATEMENT PERIOD EXTENDED TO 4/12.
|
|
| Docket Date |
2018-02-23
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ PER 2/13 ORDER TO THE 12/7 ORDER
|
| On Behalf Of |
National Specialty Insurance Company
|
|
| Docket Date |
2018-02-13
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
ORD-Stricken ~ 2/12 STATUS REPORT IS STRICKEN; AA W/IN 10 DAYS FILE RESPONSE TO 12/7/17 ORDER
|
|
| Docket Date |
2018-02-12
|
| Type |
Misc. Events
|
| Subtype |
Status Report
|
| Description |
Status Report ~ RE: ABATEMENT; STRICKEN PER 2/13 ORDER
|
| On Behalf Of |
National Specialty Insurance Company
|
|
| Docket Date |
2018-01-19
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Order Grant EOT ~ ABATEMENT TO 2/12
|
|
| Docket Date |
2018-01-18
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time
|
| Description |
Motion for Extension of Time ~ FOR ABATEMENT OF APPEAL
|
| On Behalf Of |
National Specialty Insurance Company
|
|
| Docket Date |
2018-01-10
|
| Type |
Order
|
| Subtype |
Order on Motion/Notice Voluntary Dismissal (non-dispositive)
|
| Description |
ORD-Grant Voluntary Dismissal (Cross) ~ APPEAL SHALL PROCEED
|
|
| Docket Date |
2018-01-09
|
| Type |
Motions Other
|
| Subtype |
Motion/Notice Voluntary Dismissal
|
| Description |
Notice of Voluntary Dismissal ~ OF CROSS APPEAL
|
| On Behalf Of |
MICHAEL KERREY
|
|
| Docket Date |
2017-12-28
|
| Type |
Order
|
| Subtype |
Order on Motion To Abate
|
| Description |
ORD-Grant Motion to Abate ~ 30 DYS.
|
|
| Docket Date |
2017-12-18
|
| Type |
Motions Other
|
| Subtype |
Motion To Abate
|
| Description |
Motion To Abate
|
| On Behalf Of |
National Specialty Insurance Company
|
|
| Docket Date |
2017-12-11
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ PER 12/7 ORDER
|
| On Behalf Of |
MICHAEL KERREY
|
|
| Docket Date |
2017-12-07
|
| Type |
Order
|
| Subtype |
Order on Consolidation
|
| Description |
ORD-SUA SPONTE RE CONSOLIDATION/TRAVEL ~ PARTIES ADVISE W/IN 10 DAYS WHY NOT CONSOL WITH 17-3683
|
|
| Docket Date |
2017-12-05
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice ~ CROSS APPEAL
|
| On Behalf Of |
MICHAEL KERREY
|
|
| Docket Date |
2017-12-05
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
Order to pay filing fee - Notice/Motion (295)
|
|
| Docket Date |
2017-12-01
|
| Type |
Mediation
|
| Subtype |
Mediation Questionnaire
|
| Description |
Mediation Questionnaire ~ AA HINDA KLEIN 510815
|
| On Behalf Of |
National Specialty Insurance Company
|
|
| Docket Date |
2017-11-28
|
| Type |
Mediation
|
| Subtype |
Confidential Statement
|
| Description |
Confidential Statement ~ AE JOHN V COLVIN 963828
|
| On Behalf Of |
MICHAEL KERREY
|
|
| Docket Date |
2017-11-21
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
Order to pay filing fee - Civil appeal (300)
|
|
| Docket Date |
2017-11-21
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgement Letter 1
|
|
| Docket Date |
2017-11-21
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed ~ FILED BELOW 11/17/17
|
| On Behalf Of |
National Specialty Insurance Company
|
|
| Docket Date |
2017-11-21
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
|
