| Classification |
Original Proceedings - Circuit Civil - Prohibition
|
| Court |
3rd District Court of Appeal
|
| Originating Court |
Circuit Court for the Eleventh Judicial Circuit, Miami-Dade County
15-20238
|
Parties
| Name |
HOMEOWNERS CHOICE PROPERTY & CASUALTY INSURANCE COMPANY, INC.
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Kathryn L. Ender, Scott A. Cole
|
|
| Name |
DOXANNE AVILA
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
RAUL AVILA INC.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Patricia Gladson, David Avellar Neblett, DAVID B. PAKULA
|
|
| Name |
Hon. David C. Miller
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Miami-Dade Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2018-09-17
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2018-08-29
|
| Type |
Order
|
| Subtype |
Order on Motion for Rehearing and Rehearing En Banc
|
| Description |
Rehearing & Rehearing en banc denied (OD57A)
|
|
| Docket Date |
2018-08-29
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2018-06-21
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion for Rehearing
|
| Description |
Motion for Rehearing / Rehearing En Banc
|
| On Behalf Of |
Homeowners Choice Property & Casualty Insurance Company, Inc.
|
|
| Docket Date |
2018-06-21
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix
|
| On Behalf Of |
Homeowners Choice Property & Casualty Insurance Company, Inc.
|
|
| Docket Date |
2018-06-06
|
| Type |
Disposition by Opinion
|
| Subtype |
Denied
|
| Description |
Denied - Authored Opinion
|
|
| Docket Date |
2018-05-02
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
MISCELLANEOUS ORDER (OR999) ~ On the Court’s own motion, the Court consolidates a group of prohibition cases filed in the Court, all of which are directed to circuit court orders denying motions for judicial disqualification of one specific civil division judge. The petitions here, and the motions for judicial disqualification below, were filed on behalf of clients of one specific law firm based on sworn allegations that a member of the law firm applied (and subsequently qualified) to oppose the judge in the clients’ cases pending before that judge.As there are similar underlying legal issues (and certain common facts) in these cases, they are appropriate for consolidation for judicial economy. Absent further order, papers relating to each petition shall be filed in the appropriate, separate case in this Court, but the caption shall clearly indicate consolidation with Case No. 3D18-0755. The cases presently consolidated with this case are:Case No. 3D18-786, Elite Parking, LLC v. Chapman;Case No. 3D18-790, Perez v. Espineira;Case No. 3D18-825, Homeowners Choice Prop. & Cas. Ins. Co. Inc. v. Avila;Case No. 3D18-826, Southern Oak Ins. Co. v. Gregory;Case No. 3D18-827, Safepoint Ins. Co. v. Mardy;Case No. 3D18-828, Cristela Investments, Inc. v. Moore;Case No. 3D18-833, Fla. Capital Realty Luxury, Inc. v. Lacotera;Case No. 3D18-834, Lakeview Gardens at Miami Lakes Condo. Ass’n., Inc. v. KCC Investment Group, LLC;Case No. 3D18-835, Marhall v. Sanchez;Case No. 3D18-836, Edison Ins. Co. v. Loo;Case No. 3D18-838, Moses v. Luke;Case No. 3D18-853, The Belle Tower Condo., Inc. v. Mehta; Case No. 3D18-854, 2020 Ponce Condo. Ass’n., Inc. v. 2020 Ponce LLC;Case No. 3D18-855, Sayan Condo. Ass’n., Inc. v. Law Offices of Isaac Benmergui, P.A.;Case No. 3D18-857, Hartford Ins. Co. of the Midwest v. Dutkin; and Case No. 3D18-860, Safepoint Ins. Co. v. Pierre. To the extent that petitions for prohibition relating to the same scenario, civil division judge, candidate/challenger, and law firm are filed subsequently, the petition shall contain a disclosure of that circumstance so that the new case may be considered for inclusion in this order of consolidation.SALTER, EMAS and LINDSEY, JJ., concur.
|
|
| Docket Date |
2018-04-27
|
| Type |
Petition
|
| Subtype |
Petition
|
| Description |
Petition Filed ~ RELATED CASE: 17-465
|
| On Behalf Of |
Homeowners Choice Property & Casualty Insurance Company, Inc.
|
|
| Docket Date |
2018-04-27
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
| Docket Date |
2018-04-27
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix
|
| On Behalf Of |
Homeowners Choice Property & Casualty Insurance Company, Inc.
|
|
| Docket Date |
2018-04-27
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter ~ Acknowledgment of new case with attachments. ** The $300 filing fee for a petition is due.
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|
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