DARRYL A. VACHON, Appellant(s) v. THE TRAVELERS HOME AND MARINE INSURANCE COMPANY, Appellee(s).
|
2D2023-2674
|
2023-12-12
|
Open
|
|
Classification |
NOA Final - Circuit Civil - Other
|
Court |
2nd District Court of Appeal
|
Originating Court |
Circuit Court for the Thirteenth Judicial Circuit, Hillsborough County
2013-CA-3570
|
Parties
Name |
DARRYL A. VACHON
|
Role |
Appellant
|
Status |
Active
|
Representations |
Ryan Lee Hedstrom, Tracy Raffles Gunn, Lee Delton Gunn IV
|
|
Name |
Hillsborough Clerk
|
Role |
Lower Tribunal Clerk
|
Status |
Active
|
|
Name |
THE TRAVELERS HOME AND MARINE INSURANCE COMPANY
|
Role |
Appellee
|
Status |
Active
|
Representations |
Jack Roy Reiter, Matthew John Lavisky, Robert C. Weill, Jordan Scott Kosches
|
|
Name |
HON. EMILY PEACOCK
|
Role |
Judge/Judicial Officer
|
Status |
Active
|
|
Docket Entries
Docket Date |
2024-07-17
|
Type |
Misc. Events
|
Subtype |
Oral Argument Date Set
|
Description |
Oral Argument Date Set
|
|
Docket Date |
2024-06-24
|
Type |
Notice
|
Subtype |
Notice of Supplemental Authority
|
Description |
Notice of Supplemental Authority
|
On Behalf Of |
DARRYL A. VACHON
|
View |
View File
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|
Docket Date |
2024-06-04
|
Type |
Motions Relating to Attorney Fees/Costs
|
Subtype |
Motion For Attorney's Fees
|
Description |
Motion For Attorney's Fees
|
On Behalf Of |
THE TRAVELERS HOME AND MARINE INSURANCE COMPANY
|
|
Docket Date |
2024-06-04
|
Type |
Brief
|
Subtype |
Reply Brief
|
Description |
Reply Brief
|
On Behalf Of |
DARRYL A. VACHON
|
View |
View File
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|
Docket Date |
2024-05-07
|
Type |
Brief
|
Subtype |
Answer Brief
|
Description |
Answer Brief
|
On Behalf Of |
THE TRAVELERS HOME AND MARINE INSURANCE COMPANY
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View |
View File
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|
Docket Date |
2024-04-29
|
Type |
Record
|
Subtype |
Supplemental Record Redacted
|
Description |
Supplemental Record Redacted - 237 PAGES
|
|
Docket Date |
2024-04-12
|
Type |
Notice
|
Subtype |
Notice of Appearance
|
Description |
Notice of Appearance
|
On Behalf Of |
THE TRAVELERS HOME AND MARINE INSURANCE COMPANY
|
|
Docket Date |
2024-04-11
|
Type |
Order
|
Subtype |
Order on Motion to Supplement Record
|
Description |
ORDER GRANTING MOTION TO SUPPLEMENT THE RECORD ~ Appellee's motion to supplement the record is granted, and appellee shall makearrangements within three days with the clerk of the lower tribunal for thesupplementation of the record with the items mentioned in the motion, with thesupplemental record to be filed in this court within twenty-five days from the date of thisorder.
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|
Docket Date |
2024-04-10
|
Type |
Motions Relating to Records
|
Subtype |
Motion to Supplement Record & EOT/Toll Briefing
|
Description |
Motion To File Supplemental Record
|
On Behalf Of |
THE TRAVELERS HOME AND MARINE INSURANCE COMPANY
|
|
Docket Date |
2024-03-14
|
Type |
Notice
|
Subtype |
Notice of Agreed Extension of Time
|
Description |
Stipulation for Extension of Time ~ 30 - AB DUE 04/15/2024
|
On Behalf Of |
THE TRAVELERS HOME AND MARINE INSURANCE COMPANY
|
|
Docket Date |
2024-02-29
|
Type |
Response
|
Subtype |
Response
|
Description |
RESPONSE ~ APPELLEE'S RESPONSE TO APPELLANT'SMOTION FOR APPELLATE ATTORNEYS' FEES
|
On Behalf Of |
THE TRAVELERS HOME AND MARINE INSURANCE COMPANY
|
|
Docket Date |
2024-02-14
|
Type |
Motions Relating to Oral Argument
|
Subtype |
Motion/Request for Oral Argument
|
Description |
Request for Oral Argument
|
On Behalf Of |
DARRYL A. VACHON
|
|
Docket Date |
2024-02-14
|
Type |
Brief
|
Subtype |
Initial Brief
|
Description |
Initial Appellant Brief on Merits
|
On Behalf Of |
DARRYL A. VACHON
|
|
Docket Date |
2024-02-14
|
Type |
Motions Relating to Attorney Fees/Costs
|
Subtype |
Motion For Attorney's Fees
|
Description |
Motion For Attorney's Fees
|
On Behalf Of |
DARRYL A. VACHON
|
|
Docket Date |
2024-02-07
|
Type |
Record
|
Subtype |
Record on Appeal
|
Description |
Received Records ~ 1868 PAGES - REDACTED ADDITION
|
On Behalf Of |
Hillsborough Clerk
|
|
Docket Date |
2024-02-02
|
Type |
Record
|
Subtype |
Exhibits
|
Description |
Received Exhibits ~ 1 USB ***LOCATED IN THE VAULT***
|
On Behalf Of |
Hillsborough Clerk
|
|
Docket Date |
2023-12-27
|
Type |
Letter
|
Subtype |
Acknowledgment Letter
|
Description |
Acknowledgment Letter 1 ~ AMENDED
|
|
Docket Date |
2023-12-13
|
Type |
Misc. Events
|
Subtype |
Certificate
|
Description |
CERTIFICATE ~ AMENDED CERTIFICATE OF SERVICE
|
On Behalf Of |
DARRYL A. VACHON
|
|
Docket Date |
2023-12-13
|
Type |
Notice
|
Subtype |
Notice of Appearance
|
Description |
Notice of Appearance
|
On Behalf Of |
DARRYL A. VACHON
|
|
Docket Date |
2023-12-12
|
Type |
Misc. Events
|
Subtype |
Fee Status
|
Description |
FP:Fee Paid Through Portal
|
|
Docket Date |
2023-12-12
|
Type |
Order
|
Subtype |
Order on Filing Fee
|
Description |
fee - civil; atty ~ This appeal has been filed without a filing fee required by section 35.22(2)(a), Florida Statutes, Florida Statutes.If the attorney for appellant has not already done so, they shall forward the required $300.00 filing fee or, if applicable, a certificate or order of the lower tribunal finding appellant insolvent pursuant to section 57.081, Florida Statutes, within twenty days from the date of this order.If this court does not receive either of the above within the prescribed time, this appeal may be subject to dismissal without further notice.
|
|
Docket Date |
2023-12-12
|
Type |
Notice
|
Subtype |
Notice of Appeal
|
Description |
Notice of Appeal Filed ~ W/ORDER
|
On Behalf Of |
DARRYL A. VACHON
|
|
Docket Date |
2023-12-12
|
Type |
Letter
|
Subtype |
Acknowledgment Letter
|
Description |
Acknowledgment Letter 1
|
|
Docket Date |
2024-07-17
|
Type |
Notice
|
Subtype |
Notice of Oral Argument-Video Conference
|
Description |
This case is provisionally set for oral argument on September 11, 2024, at 9:30 AM, before: Judge Stevan T. Northcutt, Judge Patricia J. Kelly, Judge Nelly N. Khouzam. The oral argument will be conducted by video conference. The court calendars can be viewed on this court's website at https://2dca.flcourts.gov. Counsel or parties are requested to sign in 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, the attorneys or parties will be notified by order no less than two weeks before the scheduled date. If this is a criminal proceeding where a victim, as defined in article I, section 16(e), Florida Constitution, has invoked their right to notice under article I, section 16(b)(6), the State is directed to provide the victim with notice of this oral argument and of any changes to the scheduled date.
Please review the notice regarding oral argument in the Second District Court of Appeal that follows this order.
Within ten days from the date of this order, any attorney or party who will be presenting argument is requested to provide the Clerk of the Court 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. The Clerk of the Court will provide each participant with connection instructions, including the opportunity for a test session, before the argument.
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View |
View File
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THE TRAVELERS HOME AND MARINE INSURANCE COMPANY VS JESSICA LONG
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5D2023-0193
|
2022-08-02
|
Closed
|
|
Classification |
NOA Final - Circuit Civil - Other
|
Court |
5th District Court of Appeal
|
Originating Court |
Circuit Court for the Fourth Judicial Circuit, Duval County
2019-CA-7458
|
Parties
Name |
THE TRAVELERS HOME AND MARINE INSURANCE COMPANY
|
Role |
Appellant
|
Status |
Active
|
Representations |
Robert E. O'Quinn Jr., Laura Besvinick, Jack R. Reiter, Robert C. Weill, Jordan S. Kosches, Sami R. Achem
|
|
Name |
Jessica Long
|
Role |
Appellee
|
Status |
Active
|
Representations |
Brian J. Lee, Nicolas B. Iannucci, Eric S. Block, Stephen A. Marino Jr.
|
|
Name |
Hon. Katie L. Dearing
|
Role |
Judge/Judicial Officer
|
Status |
Active
|
|
Name |
Circuit Court Duval
|
Role |
Lower Tribunal Clerk
|
Status |
Active
|
|
Docket Entries
Docket Date |
2023-05-05
|
Type |
Motions Relating to Oral Argument
|
Subtype |
Motion/Request for Oral Argument
|
Description |
Request for Oral Argument
|
On Behalf Of |
The Travelers Home and Marine Insurance Company
|
|
Docket Date |
2023-05-05
|
Type |
Motions Relating to Attorney Fees/Costs
|
Subtype |
Motion For Attorney's Fees
|
Description |
Motion For Attorney's Fees ~ DENIED PER 8/1 ORDER
|
On Behalf Of |
The Travelers Home and Marine Insurance Company
|
|
Docket Date |
2023-05-05
|
Type |
Brief
|
Subtype |
Reply Brief
|
Description |
Appellant's Reply Brief
|
On Behalf Of |
The Travelers Home and Marine Insurance Company
|
|
Docket Date |
2023-03-31
|
Type |
Response
|
Subtype |
Response
|
Description |
RESPONSE ~ TO MOT ATTY FEES
|
On Behalf Of |
The Travelers Home and Marine Insurance Company
|
|
Docket Date |
2023-10-02
|
Type |
Record
|
Subtype |
Returned Records
|
Description |
Returned Records ~ NO RECORD EFILED
|
|
Docket Date |
2023-10-02
|
Type |
Mandate
|
Subtype |
Mandate
|
Description |
Mandate
|
|
Docket Date |
2023-09-08
|
Type |
Order
|
Subtype |
Order on Motion for Rehearing and Rehearing En Banc
|
Description |
Order Deny Motion for Rehearing / Rehearing En Banc ~ MOT REHEAR/REHEAR EN BANC/FOR WRITTEN OPINION/AND TO CERTIFY QUESTION DENIED
|
|
Docket Date |
2023-08-31
|
Type |
Response
|
Subtype |
Response
|
Description |
RESPONSE ~ TO MOT FOR REHEARING, ETC.
|
On Behalf Of |
Jessica Long
|
|
Docket Date |
2023-08-16
|
Type |
Post-Disposition Motions
|
Subtype |
Motion for Rehearing
|
Description |
Motion for Rehearing / Rehearing En Banc ~ AND FOR WRITTEN OPINION AND TO CERTIFY QUESTION
|
On Behalf Of |
The Travelers Home and Marine Insurance Company
|
|
Docket Date |
2023-08-01
|
Type |
Disposition by Opinion
|
Subtype |
Affirmed
|
Description |
Affirmed - Per Curiam Affirmed ~ PCA
|
|
Docket Date |
2023-08-01
|
Type |
Order
|
Subtype |
Order on Motion For Attorney's Fees
|
Description |
Order Granting attorney's fee - Dresser ~ AE MOT GRANTED; AA MOT DENIED
|
|
Docket Date |
2023-07-08
|
Type |
Notice
|
Subtype |
Notice
|
Description |
Notice ~ OF SCRIVENER'S ERROR IN IB TABLE OF AUTHORITIES
|
On Behalf Of |
The Travelers Home and Marine Insurance Company
|
|
Docket Date |
2023-05-15
|
Type |
Notice
|
Subtype |
Notice of Oral Argument
|
Description |
NOTICE OF ORAL ARGUMENT
|
|
Docket Date |
2023-05-09
|
Type |
Response
|
Subtype |
Response
|
Description |
RESPONSE ~ AE'S OA PREFERENCE
|
On Behalf Of |
Jessica Long
|
|
Docket Date |
2023-05-08
|
Type |
Response
|
Subtype |
OA Preference Request
|
Description |
ORAL ARGUMENT PREFERENCE REQUEST
|
On Behalf Of |
The Travelers Home and Marine Insurance Company
|
|
Docket Date |
2023-03-16
|
Type |
Notice
|
Subtype |
Notice of Agreed Extension of Time - Reply Brief
|
Description |
Notice of Agreed Extension - Reply Brief ~ TO 5/5
|
On Behalf Of |
The Travelers Home and Marine Insurance Company
|
|
Docket Date |
2023-03-16
|
Type |
Motions Relating to Attorney Fees/Costs
|
Subtype |
Motion For Attorney's Fees
|
Description |
Motion For Attorney's Fees ~ GRANTED PER 8/1 ORDER
|
On Behalf Of |
Jessica Long
|
|
Docket Date |
2023-03-06
|
Type |
Brief
|
Subtype |
Answer Brief
|
Description |
Appellee's Answer Brief
|
On Behalf Of |
Jessica Long
|
|
Docket Date |
2023-02-24
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
Description |
Order Grant EOT for Answer Brief ~ MOT GRANTED; AB BY 3/6/23
|
|
Docket Date |
2023-02-23
|
Type |
Motions Extensions
|
Subtype |
Motion for Extension of Time to Serve Answer Brief
|
Description |
Mot. for Extensio of time to file Answer Brief
|
On Behalf Of |
Jessica Long
|
|
Docket Date |
2023-02-06
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
Description |
Order Grant EOT for Answer Brief ~ AB BY 2/23/23
|
|
Docket Date |
2023-02-03
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time
|
Description |
Denied for Non-Service on Client ~ COUNSLE FOR AE W/IN 5 DYS FILE AMENDED MOT EOT
|
|
Docket Date |
2023-02-03
|
Type |
Motions Extensions
|
Subtype |
Motion for Extension of Time to Serve Answer Brief
|
Description |
Mot. for Extensio of time to file Answer Brief
|
On Behalf Of |
Jessica Long
|
|
Docket Date |
2023-01-09
|
Type |
Brief
|
Subtype |
Initial Brief
|
Description |
Initial Brief on Merits
|
On Behalf Of |
The Travelers Home and Marine Insurance Company
|
|
Docket Date |
2023-01-03
|
Type |
Letter
|
Subtype |
Acknowledgment Letter
|
Description |
Acknowledgement Letter 1
|
|
Docket Date |
2022-12-28
|
Type |
Order
|
Subtype |
Order
|
Description |
Grant Motion (Other) ~ The Court treats Appellant’s motion filed December 16, 2022, as seeking an unredacted copy of the record on appeal and grants it in part. The clerk of the lower tribunal is directed to transmit, within fifteen days of the date of this order, a copy of the record on appeal that is unredacted to the extent permitted by law for access by the attorneys and parties to this case. The Clerk of the Court shall maintain confidentiality of the unredacted record in accordance with Florida Rule of General Practice and Judicial Administration 2.420. Any information that the lower tribunal determines is confidential under Florida Rule of General Practice and Judicial Administration 2.420 should remain redacted. Additionally, within fifteen days, the Court directs the clerk of the lower tribunal to provide a supplemental record containing a color or grayscale copy of Joint Exhibit 1.
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|
Docket Date |
2022-12-28
|
Type |
Record
|
Subtype |
Record on Appeal
|
Description |
Received Records ~ 2574 pages - RESTRICTED For Attorneys and Parties Only
|
|
Docket Date |
2022-12-22
|
Type |
Disposition by Order
|
Subtype |
Transferred
|
Description |
Transfer 4th Circuit Case to 5th DCA ~ Beginning January 1, 2023, the Fifth District Court of Appeal will have jurisdiction over matters originating in the Fourth Judicial Circuit. Ch. 22-163, Laws of Fla. By order of the Florida Supreme Court, effective January 1, 2023, the First District shall transfer to the Fifth District Court of Appeal any pending cases originating from the Fourth Judicial Circuit. In re: Implementation of a Sixth District Court of Appeal and Realignment of the Jurisdictional Boundaries of Other Appellate Districts, Fla. Admin. Order No. AOSC22-81 (November 1, 2022).Because the time for briefing this appeal will not conclude before January 1, 2023, the Court notifies all parties and any attorneys of record that this case will transfer to the Fifth District Court of Appeal, on January 1, 2023. No further order will issue to effectuate the transfer. This Court will accept filings in this case until 11:59:59 p.m. on December 31, 2022. After that date, all filings must be submitted to the Fifth District Court of Appeal via the Florida Courts E-Filing Portal or, if permitted to be filed in paper, to the Clerk’s Office, Fifth District Court of Appeal, 300 South Beach Street, Daytona Beach, Florida 32114.
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|
Docket Date |
2022-12-16
|
Type |
Record
|
Subtype |
Appendix
|
Description |
Appendix
|
On Behalf Of |
The Travelers Home and Marine Insurance Company
|
|
Docket Date |
2022-12-16
|
Type |
Motions Relating to Records
|
Subtype |
Motion to Supplement Record
|
Description |
Motion To File Supplemental Record
|
On Behalf Of |
The Travelers Home and Marine Insurance Company
|
|
Docket Date |
2022-12-09
|
Type |
Order
|
Subtype |
Order on Agreed Extension of Time
|
Description |
Recognizing Agreed Extension of Time ~ IB/15 days 12/27/22
|
|
Docket Date |
2022-12-08
|
Type |
Notice
|
Subtype |
Notice of Agreed Extension of Time
|
Description |
Notice of Agreed Extension of Time ~ IB 15 days
|
On Behalf Of |
The Travelers Home and Marine Insurance Company
|
|
Docket Date |
2022-11-08
|
Type |
Order
|
Subtype |
Order on Agreed Extension of Time
|
Description |
Recognizing Agreed Extension of Time ~ IB/30 days 12/9/22
|
|
Docket Date |
2022-11-07
|
Type |
Notice
|
Subtype |
Notice of Agreed Extension of Time
|
Description |
Notice of Agreed Extension of Time ~ IB 30 days
|
On Behalf Of |
The Travelers Home and Marine Insurance Company
|
|
Docket Date |
2022-10-07
|
Type |
Order
|
Subtype |
Order on Agreed Extension of Time
|
Description |
Recognizing Agreed Extension of Time ~ IB/30 days
|
|
Docket Date |
2022-10-06
|
Type |
Notice
|
Subtype |
Notice of Agreed Extension of Time
|
Description |
Notice of Agreed Extension of Time ~ IB 30 days
|
On Behalf Of |
The Travelers Home and Marine Insurance Company
|
|
Docket Date |
2022-09-21
|
Type |
Record
|
Subtype |
Transcript
|
Description |
Transcript Received ~ 688 pages
|
|
Docket Date |
2022-08-23
|
Type |
Misc. Events
|
Subtype |
Docketing Statement
|
Description |
Docketing Statement
|
On Behalf Of |
The Travelers Home and Marine Insurance Company
|
|
Docket Date |
2022-08-03
|
Type |
Notice
|
Subtype |
Notice of Appearance
|
Description |
Notice of Appearance ~ AND DESIGNATION OF E-MAIL
|
On Behalf Of |
Jessica Long
|
|
Docket Date |
2022-08-03
|
Type |
Letter
|
Subtype |
Acknowledgment Letter
|
Description |
Notice of Appeal / Acknowledgement letter ~ Notice of Appeal from the lower tribunal reflecting a filing date of August 1, 2022.
|
|
Docket Date |
2022-08-03
|
Type |
Misc. Events
|
Subtype |
Miscellaneous Docket Entry
|
Description |
Acknowledgment of Service List ~ The notice filed by counsel for the Appellee on August 3, 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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|
Docket Date |
2022-08-02
|
Type |
Notice
|
Subtype |
Notice of Appeal
|
Description |
Notice of Appeal Filed ~ order appealed attached
|
On Behalf Of |
The Travelers Home and Marine Insurance Company
|
|
Docket Date |
2022-08-02
|
Type |
Misc. Events
|
Subtype |
Fee Status
|
Description |
FP:Fee Paid Through Portal
|
|
|
TRAVELERS HOME AND MARINE INSURANCE COMPANY and SCOTT ALBEE VS WEST BOCA COLLISION, INC. a/a/o ROSEMARY SOTO
|
4D2022-0716
|
2022-03-11
|
Closed
|
|
Classification |
NOA Final - County Small Claims - Other
|
Court |
4th District Court of Appeal
|
Originating Court |
County Court for the Fifteenth Judicial Circuit, Palm Beach County
502017SC003317
|
Parties
Name |
Scott B. Albee
|
Role |
Appellant
|
Status |
Active
|
|
Name |
THE TRAVELERS HOME AND MARINE INSURANCE COMPANY
|
Role |
Appellant
|
Status |
Active
|
Representations |
Robert C. Weill, Jack R. Reiter, Jordan S. Kosches, Sydney Feldman
|
|
Name |
Rosemary Soto
|
Role |
Appellee
|
Status |
Active
|
|
Name |
WEST BOCA COLLISION INC
|
Role |
Appellee
|
Status |
Active
|
Representations |
Christopher Kasper, Jeffrey James Molinaro, Zachary Pincus
|
|
Name |
Hon. Frank S. Castor
|
Role |
Judge/Judicial Officer
|
Status |
Active
|
|
Name |
Clerk - Palm Beach
|
Role |
Lower Tribunal Clerk
|
Status |
Active
|
|
Docket Entries
Docket Date |
2022-09-13
|
Type |
Order
|
Subtype |
Order on Agreed Extension of Time
|
Description |
Recognizing Agreed Extension of Time ~ 44 DAYS TO 11/04/2022
|
|
Docket Date |
2023-05-19
|
Type |
Mandate
|
Subtype |
Mandate
|
Description |
Mandate
|
|
Docket Date |
2023-04-27
|
Type |
Order
|
Subtype |
Order on Motion for Rehearing
|
Description |
ORD-Denying Rehearing ~ ORDERED that appellee's April 4, 2023 motion for rehearing is denied.
|
|
Docket Date |
2023-04-27
|
Type |
Misc. Events
|
Subtype |
West Publishing
|
Description |
West Publishing
|
|
Docket Date |
2023-04-19
|
Type |
Response
|
Subtype |
Response
|
Description |
Response
|
On Behalf Of |
Travelers Home and Marine Insurance Company
|
|
Docket Date |
2023-04-04
|
Type |
Post-Disposition Motions
|
Subtype |
Motion for Rehearing
|
Description |
Motion For Rehearing
|
On Behalf Of |
West Boca Collision, Inc.
|
|
Docket Date |
2023-03-29
|
Type |
Disposition by Opinion
|
Subtype |
Reversed
|
Description |
Reversed - Per Curiam Opinion
|
|
Docket Date |
2023-03-29
|
Type |
Order
|
Subtype |
Order on Motion For Attorney's Fees
|
Description |
Order Granting Attorney Fees-Offer Judg. ~ ORDERED that appellant Travelers Home and Marine Insurance Company’s December 27, 2022 appellate motion for attorney's fees is granted conditioned on the trial court determining that appellant is entitled to fees under section 768.79, Florida Statutes (2021), and if so, setting the amount of the attorney's fees to be awarded for this appellate case. If a motion for rehearing is filed in this court, then services rendered in connection with the motion, including, but not limited to, preparation of a responsive pleading, shall be taken into account in computing the amount of the fee.
|
|
Docket Date |
2023-03-07
|
Type |
Misc. Events
|
Subtype |
Oral Argument Date Set
|
Description |
Oral Argument Date Set ~ 4DCA
|
|
Docket Date |
2022-08-22
|
Type |
Brief
|
Subtype |
Initial Brief
|
Description |
Initial Brief on Merits
|
On Behalf Of |
Travelers Home and Marine Insurance Company
|
|
Docket Date |
2022-08-22
|
Type |
Motions Relating to Oral Argument
|
Subtype |
Motion/Request for Oral Argument
|
Description |
Request for Oral Argument
|
On Behalf Of |
Travelers Home and Marine Insurance Company
|
|
Docket Date |
2022-07-21
|
Type |
Order
|
Subtype |
Order on Agreed Extension of Time
|
Description |
Recognizing Agreed Extension of Time ~ 30 DAYS TO 08/22/2022
|
|
Docket Date |
2022-07-21
|
Type |
Notice
|
Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
Description |
Notice of Agreed Extension - Initial Brief
|
On Behalf Of |
Travelers Home and Marine Insurance Company
|
|
Docket Date |
2022-06-17
|
Type |
Notice
|
Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
Description |
Notice of Agreed Extension - Initial Brief
|
On Behalf Of |
Travelers Home and Marine Insurance Company
|
|
Docket Date |
2022-06-17
|
Type |
Order
|
Subtype |
Order on Agreed Extension of Time
|
Description |
Recognizing Agreed Extension of Time ~ 30 DAYS TO 07/21/2022
|
|
Docket Date |
2022-05-18
|
Type |
Order
|
Subtype |
Order on Agreed Extension of Time
|
Description |
Recognizing Agreed Extension of Time ~ 30 DAYS TO 06/20/2022
|
|
Docket Date |
2022-05-18
|
Type |
Notice
|
Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
Description |
Notice of Agreed Extension - Initial Brief
|
On Behalf Of |
Travelers Home and Marine Insurance Company
|
|
Docket Date |
2022-04-25
|
Type |
Order
|
Subtype |
Order on Motion to Supplement Record & EOT/Toll Briefing
|
Description |
ORD-Allowing Attachment to Record ~ ORDERED that appellants' April 22, 2022 motion to supplement the record is granted, and the record is supplemented to include the transcript of the proceeding held before the Honorable Frank Castor on February 16, 2022. Said supplemental record is deemed filed as of the date of this order.
|
|
Docket Date |
2022-04-25
|
Type |
Record
|
Subtype |
Supplemental Record
|
Description |
Supplemental Records
|
On Behalf Of |
Travelers Home and Marine Insurance Company
|
|
Docket Date |
2022-04-22
|
Type |
Motions Relating to Records
|
Subtype |
Motion to Supplement Record
|
Description |
Motion To File Supplemental Record
|
On Behalf Of |
Travelers Home and Marine Insurance Company
|
|
Docket Date |
2022-04-19
|
Type |
Record
|
Subtype |
Transcript
|
Description |
Transcript Received ~ 27 PAGES
|
On Behalf Of |
Clerk - Palm Beach
|
|
Docket Date |
2022-03-23
|
Type |
Notice
|
Subtype |
Notice of Appearance
|
Description |
Notice of Appearance
|
On Behalf Of |
West Boca Collision, Inc.
|
|
Docket Date |
2023-02-22
|
Type |
Order
|
Subtype |
Order on Motion To Strike
|
Description |
Deny Motion to Strike ~ ORDERED that the appellee's December 28, 2023 motion to strike is denied.
|
|
Docket Date |
2022-12-29
|
Type |
Response
|
Subtype |
Response
|
Description |
Response ~ TO APPELLEE WEST BOCA COLLISION, INC.'S MOTION TO STRIKE APPELLANTS' REPLY BRIEF
|
On Behalf Of |
Travelers Home and Marine Insurance Company
|
|
Docket Date |
2022-12-28
|
Type |
Motions Other
|
Subtype |
Motion To Strike
|
Description |
Motion To Strike
|
On Behalf Of |
West Boca Collision, Inc.
|
|
Docket Date |
2022-12-27
|
Type |
Brief
|
Subtype |
Reply Brief
|
Description |
Appellant's Reply Brief
|
On Behalf Of |
Travelers Home and Marine Insurance Company
|
|
Docket Date |
2022-12-27
|
Type |
Motions Relating to Attorney Fees/Costs
|
Subtype |
Motion For Attorney's Fees
|
Description |
Motion For Attorney's Fees ~ **RESPONSE FILED 12/29/2022**
|
On Behalf Of |
Travelers Home and Marine Insurance Company
|
|
Docket Date |
2022-12-22
|
Type |
Notice
|
Subtype |
Notice
|
Description |
Notice ~ APPELLEE'S DESIGNATION REGARDING ORAL ARGUMENT
|
On Behalf Of |
West Boca Collision, Inc.
|
|
Docket Date |
2022-12-21
|
Type |
Notice
|
Subtype |
Notice
|
Description |
Notice ~ REGARDING ORAL ARGUMENT SCHEDULED FOR MARCH 7, 2023
|
On Behalf Of |
Travelers Home and Marine Insurance Company
|
|
Docket Date |
2022-12-14
|
Type |
Order
|
Subtype |
Order on Motion To Strike
|
Description |
Grant Motion to Strike ~ ORDERED that the appellants' December 12, 2022 motion to strike is granted, and the appellee’s answer brief is stricken. Appellee shall file an amended brief within seven (7) days from the date of this order, eliminating any discussion whatsoever of the content of the deposition taken.
|
|
Docket Date |
2022-12-14
|
Type |
Brief
|
Subtype |
Amended Answer Brief
|
Description |
Amended Appellee's Answer Brief
|
On Behalf Of |
West Boca Collision, Inc.
|
|
Docket Date |
2022-12-14
|
Type |
Notice
|
Subtype |
Notice of Appearance
|
Description |
Notice of Appearance
|
On Behalf Of |
Travelers Home and Marine Insurance Company
|
|
Docket Date |
2022-12-12
|
Type |
Motions Other
|
Subtype |
Motion To Strike
|
Description |
Motion To Strike ~ APPELLEE WEST BOCA COLLISION, INC.'S ANSWER BRIEF
|
On Behalf Of |
Travelers Home and Marine Insurance Company
|
|
Docket Date |
2022-12-06
|
Type |
Notice
|
Subtype |
Notice of Agreed Extension of Time - Reply Brief
|
Description |
Notice of Agreed Extension - Reply Brief
|
On Behalf Of |
Travelers Home and Marine Insurance Company
|
|
Docket Date |
2022-12-06
|
Type |
Order
|
Subtype |
Order on Agreed Extension of Time
|
Description |
Recognizing Agreed Extension of Time ~ 15 DAYS TO 12/21/2022
|
|
Docket Date |
2022-12-01
|
Type |
Response
|
Subtype |
Response
|
Description |
Response ~ TO APPELLEE'S MOTION FOR APPELLATE ATTORNEYS' FEES OR ALTERNATIVECONDITIONAL AWARD OF APPELLATE ATTORNEYS' FEES
|
On Behalf Of |
Travelers Home and Marine Insurance Company
|
|
Docket Date |
2022-11-16
|
Type |
Motions Relating to Attorney Fees/Costs
|
Subtype |
Motion For Attorney's Fees
|
Description |
Motion For Attorney's Fees ~ **RESPONSE FILED 12/01/2022**
|
On Behalf Of |
West Boca Collision, Inc.
|
|
Docket Date |
2022-11-04
|
Type |
Brief
|
Subtype |
Answer Brief
|
Description |
Appellee's Answer Brief
|
On Behalf Of |
West Boca Collision, Inc.
|
|
Docket Date |
2022-11-03
|
Type |
Record
|
Subtype |
Supplemental Record
|
Description |
Supplemental Records
|
On Behalf Of |
West Boca Collision, Inc.
|
|
Docket Date |
2022-11-01
|
Type |
Order
|
Subtype |
Order on Motion To Dismiss
|
Description |
ORD-Denying Aplee's Motion to Dismiss ~ ORDERED that appellee’s October 4, 2022 motion to partially dismiss appeal and strike argument section II of appellants’ initial brief is denied. See Fla. R. App. P. 9.110(h); Ruppel v. Gulf Winds Apartments, Inc., 508 So. 2d 534, 535 (Fla. 2d DCA 1987). Further,ORDERED that appellee’s October 17, 2022 motion to supplement the record on appeal is granted in part to the extent it seeks to supplement the record with the notice of taking deposition for use of testimony at trial. See Poteat v. Guardianship of Poteat, 771 So. 2d 569, 573 (Fla. 4th DCA 2000) (“The purpose of rule 9.200(f) is to allow supplementation of the record submitted to the appellate court, with an item which was considered by the trial court, but was omitted from the record on appeal.”). Appellee’s October 4, 2022 proposed supplemental record is stricken without prejudice to appellee refiling a proposed supplemental record which only includes the document supplemented by this order.
|
|
Docket Date |
2022-10-20
|
Type |
Order
|
Subtype |
Order Striking Filing
|
Description |
ORD-Stricken as Unauthorized ~ ORDERED sua sponte that appellee's October 19, 2022 reply is stricken as unauthorized.
|
|
Docket Date |
2022-10-19
|
Type |
Response
|
Subtype |
Response
|
Description |
Response ~ TO APPELLEE'S MOTION TO PARTIALLY DISMISS APPEAL AND STRIKE ARGUMENT SECTION II OF APPELLANT'S INITIAL BRIEF
|
On Behalf Of |
Travelers Home and Marine Insurance Company
|
|
Docket Date |
2022-10-04
|
Type |
Record
|
Subtype |
Supplemental Record
|
Description |
Supplemental Records ~ **STRICKEN, SEE 11/01/2022 ORDER** PROPOSED
|
On Behalf Of |
West Boca Collision, Inc.
|
|
Docket Date |
2022-10-17
|
Type |
Motions Relating to Records
|
Subtype |
Motion to Supplement Record
|
Description |
Motion To File Supplemental Record ~ **GRANTED IN PART. SEE 11/01/2022 ORDER.** AMENDED
|
On Behalf Of |
West Boca Collision, Inc.
|
|
Docket Date |
2022-10-04
|
Type |
Motions Relating to Records
|
Subtype |
Motion to Supplement Record
|
Description |
Motion To File Supplemental Record
|
On Behalf Of |
West Boca Collision, Inc.
|
|
Docket Date |
2022-10-04
|
Type |
Motions Other
|
Subtype |
Motion To Dismiss
|
Description |
Motion To Dismiss ~ MOTION TO PARTIALLY DISMISS APPEAL AND STRIKE ARGUMENT SECTION II OF APPELLANTS' INITIAL BRIEF
|
On Behalf Of |
West Boca Collision, Inc.
|
|
Docket Date |
2022-09-13
|
Type |
Notice
|
Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
Description |
Notice of Agreed Extension - Answer Brief
|
On Behalf Of |
West Boca Collision, Inc.
|
|
Docket Date |
2022-03-18
|
Type |
Notice
|
Subtype |
Amended Notice of Appeal
|
Description |
Amended Notice of Appeal
|
On Behalf Of |
Clerk - Palm Beach
|
|
Docket Date |
2022-03-18
|
Type |
Motions Relating to Briefs
|
Subtype |
Motion to Set Briefing Schedule
|
Description |
Mot. to set briefing schedule
|
On Behalf Of |
Travelers Home and Marine Insurance Company
|
|
Docket Date |
2022-03-14
|
Type |
Misc. Events
|
Subtype |
Miscellaneous Trial Court Document
|
Description |
Misc. LT pleadings ~ *CIVIL COVER SHEET
|
On Behalf Of |
Clerk - Palm Beach
|
|
Docket Date |
2022-03-14
|
Type |
Letter
|
Subtype |
Acknowledgment Letter
|
Description |
Acknowledgment Letter
|
|
Docket Date |
2022-03-11
|
Type |
Notice
|
Subtype |
Notice of Appeal
|
Description |
Notice of Appeal Filed
|
On Behalf Of |
Travelers Home and Marine Insurance Company
|
|
Docket Date |
2022-03-11
|
Type |
Misc. Events
|
Subtype |
Fee Status
|
Description |
FP:Fee Paid Through Portal
|
|
Docket Date |
2023-02-28
|
Type |
Order
|
Subtype |
Order
|
Description |
Miscellaneous Order ~ ORDERED that, having reconsidered the jurisdictional issue, this appeal is dismissed as to the portion of the order precluding the use of the examination under oath at a subsequent trial. That order is not an appealable nonfinal order, nor can it be appealed in connection with the order assessing attorney’s fees against appellant Scott Albee. In Ruppel v. Gulf Winds Apartments, Inc., 508 So. 2d 534 (Fla. 2d DCA 1987), the court explained that not all prior orders are appealable pursuant to Florida Rule of Appellate Procedure 9.110(h) when an attorney sanction order is issued. The court explained: Developers maintain that under Florida Rule of Appellate Procedure 9.110(h), one final order in the case allows the court to review all earlier nonfinal orders, that Rule anticipates that the court has entered a final judgment in the case. The attorney’s fee order is considered the culmination of a separate case, in the nature of separate supplementary proceedings. Because the attorney’s fee order did not dispose of any substantive issues in the case, it is not a final order for purposes of Rule 9.110(h). The order denying the motion to dismiss was not “entered as a necessary step” or “as an aspect of the final adjudication appealed.” Id. at 535 (emphasis supplied). Applying Ruppel here, the attorney fee sanction award against appellant Albee is a separate case from the breach of contract insurance case and the monetary sanction did not dispose of any substantive issues in the contract case. Accordingly, appellant Albee’s appeal of the monetary sanction final order does not provide a means for this court’s review under rule 9.110(h) of the order excluding the use of the EUO. Appellant Albee alternatively argues that this court has jurisdiction pursuant to rule 9.110(k), which allows for review of a partial final judgment. See Fla. R. App. P. 9.110(k) (stating “[t]he scope of review of a partial final judgment may include any ruling or matter occurring before filing of the notice of appeal so long as such ruling or matter is directly related to an aspect of the partial final judgment under review”). However, just as with rule 9.110(h), appellant Albee’s fee sanction is a separate case from the breach of contract case brought by the appellee, not a partial judgment as to that case. See Ruppel, 508 So. 2d at 535.WARNER, GERBER and LEVINE, JJ., concur.
|
|
Docket Date |
2022-12-20
|
Type |
Order
|
Subtype |
Order Re: Video Oral Argument
|
Description |
Order Re: Video Oral Argument ~ ORDERED that oral argument in this case is scheduled for March 7, 2023, at 12:15 P.M. for 15 minutes per side through Zoom video conference. In criminal cases where a victim, as defined in Article I, Section 16(e) of the Florida Constitution, has invoked their right to notice under Article I, Section 16(b)(6) of the Florida Constitution, the State shall provide the victim with notice of this oral argument and of any changes to the scheduled date or time.The parties are advised that the only attorneys permitted into the Zoom meeting will be those who will be arguing before the court. Attorneys who will not be arguing before the court may watch the public live stream of the oral argument via the court’s website. In addition, attorneys who will be arguing before the court shall attend a Zoom orientation/test session with court staff
|
|
Docket Date |
2022-03-22
|
Type |
Order
|
Subtype |
Order on Motion to Set Briefing Schedule
|
Description |
ORD-Setting Briefing Schedule ~ ORDERED that appellants' March 18, 2022 motion for briefing schedule is granted. Appellants’ joint Initial Brief shall be due on May 19, 2022, and subsequent briefs shall be served within the time prescribed by Florida Rule of Appellate Procedure 9.210(g).
|
|
Docket Date |
2022-03-14
|
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.
|
|
|
ELENA CASSELLA VS THE TRAVELERS HOME AND MARINE INSURANCE COMPANY
|
2D2021-1734
|
2021-06-15
|
Closed
|
|
Classification |
NOA Final - Circuit Civil - Other
|
Court |
2nd District Court of Appeal
|
Originating Court |
Circuit Court for the Twelfth Judicial Circuit, Manatee County
2016-CA-1904
|
Parties
Name |
ELENA CASSELLA, LLC
|
Role |
Appellant
|
Status |
Active
|
Representations |
BRENT G. STEINBERG, ESQ., JACOB M. SCHUSTER, ESQ., DANIEL L. GREENE, ESQ.
|
|
Name |
THE TRAVELERS HOME AND MARINE INSURANCE COMPANY
|
Role |
Appellee
|
Status |
Active
|
Representations |
Jamie Combee - Novaes, Esq., M. DAVID SHAPIRO, ESQ., SEAN M. CONAHAN, ESQ., Mihaela Cabulea, Esq., MATTHEW J. LAVISKY, ESQ., KATHRYN E. COLLIER, ESQ.
|
|
Name |
HON. EDWARD NICHOLAS
|
Role |
Judge/Judicial Officer
|
Status |
Active
|
|
Name |
MANATEE CLERK
|
Role |
Lower Tribunal Clerk
|
Status |
Active
|
|
Docket Entries
Docket Date |
2023-02-01
|
Type |
Mandate
|
Subtype |
Mandate
|
Description |
Mandate
|
|
Docket Date |
2023-02-01
|
Type |
Misc. Events
|
Subtype |
West Publishing
|
Description |
West Publishing
|
|
Docket Date |
2023-01-13
|
Type |
Disposition by Opinion
|
Subtype |
Affirmed
|
Description |
Affirmed - Per Curiam Opinion
|
|
Docket Date |
2022-12-15
|
Type |
Notice
|
Subtype |
Notice of Supplemental Authority
|
Description |
Notice of Supplemental Authority ~ APPELLEE'S FOURTH NOTICE OF SUPPLEMENTAL AUTHORITY
|
On Behalf Of |
THE TRAVELERS HOME AND MARINE INSURANCE COMPANY
|
|
Docket Date |
2022-11-14
|
Type |
Notice
|
Subtype |
Notice of Supplemental Authority
|
Description |
Notice of Supplemental Authority ~ APPELLEE'S THIRD NOTICE OF SUPPLEMENTAL AUTHORITY
|
On Behalf Of |
THE TRAVELERS HOME AND MARINE INSURANCE COMPANY
|
|
Docket Date |
2022-03-21
|
Type |
Notice
|
Subtype |
Notice of Agreed Extension of Time
|
Description |
Stipulation for Extension of Time ~ AGREED NOTICE OF EXTENSION OF TIME TO FILE REPLY BRIEF//30 - RB DUE 4/22/22
|
On Behalf Of |
ELENA CASSELLA
|
|
Docket Date |
2022-03-02
|
Type |
Response
|
Subtype |
Response
|
Description |
RESPONSE ~ APPELLANT'S RESPONSE TO APPELLEE'S MOTION FOR APPELLATE ATTORNEY'S FEES
|
On Behalf Of |
ELENA CASSELLA
|
|
Docket Date |
2022-02-21
|
Type |
Brief
|
Subtype |
Answer Brief
|
Description |
Appellee Answer Brief
|
On Behalf Of |
THE TRAVELERS HOME AND MARINE INSURANCE COMPANY
|
|
Docket Date |
2022-02-21
|
Type |
Motions Relating to Attorney Fees/Costs
|
Subtype |
Motion For Attorney's Fees
|
Description |
Motion For Attorney's Fees ~ APPELLEE'S MOTION FOR APPELLATE ATTORNEY'S FEES
|
On Behalf Of |
THE TRAVELERS HOME AND MARINE INSURANCE COMPANY
|
|
Docket Date |
2022-02-21
|
Type |
Record
|
Subtype |
Appendix to Motion
|
Description |
COUNSEL FEES PARTIES MOTION APPENDIX/ATTACHMENT ~ APPENDIX TO APPELLEE'S MOTION FOR APPELLATE ATTORNEY'S FEES
|
On Behalf Of |
THE TRAVELERS HOME AND MARINE INSURANCE COMPANY
|
|
Docket Date |
2022-02-15
|
Type |
Notice
|
Subtype |
Notice of Appearance
|
Description |
Notice of Appearance
|
On Behalf Of |
ELENA CASSELLA
|
|
Docket Date |
2022-01-20
|
Type |
Notice
|
Subtype |
Notice of Agreed Extension of Time
|
Description |
Stipulation for Extension of Time ~ 30 - AB DUE 2/21/22
|
On Behalf Of |
THE TRAVELERS HOME AND MARINE INSURANCE COMPANY
|
|
Docket Date |
2021-12-22
|
Type |
Notice
|
Subtype |
Notice of Agreed Extension of Time
|
Description |
Stipulation for Extension of Time ~ APPELLEE'S NOTICE OF AGREED EXTENSION OF TIME TO FILE ANSWER BRIEF//30 - AB DUE 1/21/22
|
On Behalf Of |
THE TRAVELERS HOME AND MARINE INSURANCE COMPANY
|
|
Docket Date |
2021-12-07
|
Type |
Response
|
Subtype |
Response
|
Description |
RESPONSE ~ APPELLEE'S RESPONSE TO APPELLANT'S MOTION FOR CONDITIONAL AWARD OF APPELLATE ATTORNEY'S FEES
|
On Behalf Of |
THE TRAVELERS HOME AND MARINE INSURANCE COMPANY
|
|
Docket Date |
2021-11-22
|
Type |
Motions Relating to Attorney Fees/Costs
|
Subtype |
Motion For Attorney's Fees
|
Description |
Motion For Attorney's Fees
|
On Behalf Of |
ELENA CASSELLA
|
|
Docket Date |
2021-11-22
|
Type |
Brief
|
Subtype |
Initial Brief
|
Description |
Initial Appellant Brief on Merits
|
On Behalf Of |
ELENA CASSELLA
|
|
Docket Date |
2021-10-11
|
Type |
Notice
|
Subtype |
Notice of Appearance
|
Description |
Notice of Appearance
|
On Behalf Of |
THE TRAVELERS HOME AND MARINE INSURANCE COMPANY
|
|
Docket Date |
2021-10-07
|
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 22, 2021.
|
|
Docket Date |
2021-10-05
|
Type |
Motions Extensions
|
Subtype |
Motion for Extension of Time to Serve Initial Brief
|
Description |
Mot. for Extension of time to file Initial Brief ~ SECOND AGREED NOTICE OF EXTENSION OF TIME TO FILE INITIAL BRIEF
|
On Behalf Of |
ELENA CASSELLA
|
|
Docket Date |
2021-08-20
|
Type |
Notice
|
Subtype |
Notice of Agreed Extension of Time
|
Description |
Stipulation for Extension of Time ~ AGREED NOTICE OF EXTENSION OF TIME TO FILE INITIAL BRIEF//45 - IB DUE 10/7/21
|
On Behalf Of |
ELENA CASSELLA
|
|
Docket Date |
2021-08-03
|
Type |
Record
|
Subtype |
Record on Appeal
|
Description |
Received Records ~ NICHOLAS - REDACTED - 554 PAGES
|
|
Docket Date |
2021-06-15
|
Type |
Misc. Events
|
Subtype |
Case Filing Fee Paid through Portal
|
Description |
Case Filing Fee Paid through Portal
|
On Behalf Of |
ELENA CASSELLA
|
|
Docket Date |
2021-06-15
|
Type |
Notice
|
Subtype |
Notice of Appeal
|
Description |
Notice of Appeal Filed ~ W/ORDER APPEALED
|
On Behalf Of |
ELENA CASSELLA
|
|
Docket Date |
2021-06-15
|
Type |
Letter
|
Subtype |
Acknowledgment Letter
|
Description |
Acknowledgment Letter 1
|
|
Docket Date |
2021-06-15
|
Type |
Order
|
Subtype |
Order on Filing Fee
|
Description |
fee - civil; atty ~ This appeal has been filed without a filing fee required by section 35.22(2)(a), Florida Statutes, Florida Statutes.If the attorney for appellant has not already done so, they shall forward the required $300.00 filing fee or, if applicable, a certificate or order of the lower tribunal finding appellant insolvent pursuant to section 57.081, Florida Statutes, within twenty days from the date of this order.If this court does not receive either of the above within the prescribed time, this appeal may be subject to dismissal without further notice.
|
|
Docket Date |
2023-01-13
|
Type |
Order
|
Subtype |
Order
|
Description |
Miscellaneous Order ~ Appellee's motion for appellate attorneys' fees is remanded to the trial court. If Appellee establishes entitlement pursuant to section 768.79, Florida Statutes, and Florida Rule of Civil Procedure 1.442, then the trial court is authorized to award Appellee all of the reasonable appellate attorneys' fees it incurred in this appeal.Appellant's motion for appellate attorneys' fees is denied.
|
|
Docket Date |
2022-10-26
|
Type |
Misc. Events
|
Subtype |
Oral Argument Date Set
|
Description |
Oral Argument Date Set ~ Tampa
|
|
Docket Date |
2022-10-20
|
Type |
Notice
|
Subtype |
Notice of Supplemental Authority
|
Description |
Notice of Supplemental Authority
|
On Behalf Of |
ELENA CASSELLA
|
|
Docket Date |
2022-08-16
|
Type |
Order
|
Subtype |
Order on Motion/Request for Oral Argument
|
Description |
Oral Argument Notice ~ This case is provisionally set for oral argument on WEDNESDAY, OCTOBER 26, 2022, at 9:30 A.M., before: Judge Patricia J. Kelly, Judge Craig C. Villanti, Associate Senior Judge W. Matthew Stevenson. 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. If this is a criminal proceeding where a victim, as defined in article I, section 16(e), Florida Constitution, has invoked their right to notice under article I, section 16(b)(6), the State is directed to provide the victim with notice of this oral argument and of any changes to 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.
|
|
Docket Date |
2022-07-27
|
Type |
Notice
|
Subtype |
Notice of Supplemental Authority
|
Description |
Notice of Supplemental Authority ~ APPELLEE'S NOTICE OF SUPPLEMENTAL AUTHORITY
|
On Behalf Of |
THE TRAVELERS HOME AND MARINE INSURANCE COMPANY
|
|
Docket Date |
2022-05-23
|
Type |
Brief
|
Subtype |
Reply Brief
|
Description |
Appellant Reply Brief
|
On Behalf Of |
ELENA CASSELLA
|
|
Docket Date |
2022-05-19
|
Type |
Motions Relating to Oral Argument
|
Subtype |
Motion/Request for Oral Argument
|
Description |
Request for Oral Argument ~ oral argument in person
|
On Behalf Of |
ELENA CASSELLA
|
|
Docket Date |
2022-05-11
|
Type |
Notice
|
Subtype |
Notice of Supplemental Authority
|
Description |
Notice of Supplemental Authority ~ APPELLEE'S NOTICE OF SUPPLEMENTAL AUTHORITY
|
On Behalf Of |
THE TRAVELERS HOME AND MARINE INSURANCE COMPANY
|
|
Docket Date |
2022-04-19
|
Type |
Notice
|
Subtype |
Notice of Agreed Extension of Time
|
Description |
Stipulation for Extension of Time ~ 30 - RB DUE 5/23/22 (LAST REQUEST)
|
On Behalf Of |
ELENA CASSELLA
|
|
|
THE TRAVELERS HOME AND MARINE INSURANCE COMPANY VS DARRYL A. VACHON
|
2D2021-0630
|
2021-02-25
|
Closed
|
|
Classification |
Original Proceedings - Circuit Civil - Certiorari
|
Court |
2nd District Court of Appeal
|
Originating Court |
Circuit Court for the Thirteenth Judicial Circuit, Hillsborough County
2013-CA-3570
|
Parties
Name |
THE TRAVELERS HOME AND MARINE INSURANCE COMPANY
|
Role |
Petitioner
|
Status |
Active
|
Representations |
SYDNEY M. FELDMAN, ESQ., JORDAN S. KOSCHES, ESQ., MATTHEW J. LAVISKY, ESQ., JACK R. REITER, ESQ., Jamie Combee - Novaes, Esq.
|
|
Name |
DARRYL A. VACHON
|
Role |
Appellee
|
Status |
Active
|
Representations |
LEE D. GUNN, I V, ESQ., K. C. BOUCHILLON, ESQ., TRACY RAFFLES GUNN, ESQ.
|
|
Name |
HON. REX MARTIN BARBAS
|
Role |
Judge/Judicial Officer
|
Status |
Active
|
|
Name |
HILLSBOROUGH CLERK
|
Role |
Lower Tribunal Clerk
|
Status |
Active
|
|
Docket Entries
Docket Date |
2021-08-20
|
Type |
Misc. Events
|
Subtype |
Case Closed
|
Description |
Case Closed
|
|
Docket Date |
2021-08-04
|
Type |
Order
|
Subtype |
Order on Motion For Review
|
Description |
Order Denying Motion For Review ~ Petitioner’s motion for review of the trial court order denying a stay pending review is denied as moot.
|
|
Docket Date |
2021-08-04
|
Type |
Disposition
|
Subtype |
Dismissed
|
Description |
Dismissed - Per Curiam Opinion
|
|
Docket Date |
2021-07-15
|
Type |
Response
|
Subtype |
Response
|
Description |
RESPONSE ~ OPPOSITION TO MOTION FOR REVIEW OF DENIAL OF STAY
|
On Behalf Of |
DARRYL A. VACHON
|
|
Docket Date |
2021-06-30
|
Type |
Record
|
Subtype |
Appendix to Motion
|
Description |
ALL OTHER MOTIONS APPENDIX/ATTACHMENT ~ SUPPLEMENTAL APPENDIXTO PETITIONER'S MOTION FOR REVIEW OF THE TRIALCOURT ODER DENYING A STAY PENDING REVIEW
|
On Behalf Of |
THE TRAVELERS HOME AND MARINE INSURANCE COMPANY
|
|
Docket Date |
2021-06-30
|
Type |
Motions Other
|
Subtype |
Motion For Review
|
Description |
Motion For Review ~ MOTION FOR REVIEW OF THETRIAL COURT ORDER DENYING A STAY PENDING REVIEW
|
On Behalf Of |
THE TRAVELERS HOME AND MARINE INSURANCE COMPANY
|
|
Docket Date |
2021-05-28
|
Type |
Notice
|
Subtype |
Notice of Supplemental Authority
|
Description |
Notice of Supplemental Authority ~ PETITIONER'S NOTICE OF SUPPLEMENTAL AUTHORITY
|
On Behalf Of |
THE TRAVELERS HOME AND MARINE INSURANCE COMPANY
|
|
Docket Date |
2021-04-28
|
Type |
Response
|
Subtype |
Reply
|
Description |
REPLY ~ IN SUPPORT OF PETITION FOR A WRIT OF CERTIORARI
|
On Behalf Of |
THE TRAVELERS HOME AND MARINE INSURANCE COMPANY
|
|
Docket Date |
2021-03-29
|
Type |
Response
|
Subtype |
Response
|
Description |
RESPONSE ~ RESPONSE TO THE PETITION FOR WRIT OF CERTIORIARI
|
On Behalf Of |
DARRYL A. VACHON
|
|
Docket Date |
2021-03-05
|
Type |
Order
|
Subtype |
Order to Respond to Petition
|
Description |
certiorari response - pretrial ~ Respondent shall serve a response to the petition for writ of certiorari within 30 days. Petitioner may serve a reply within 30 days thereafter. The parties shall keep this court apprised of all hearings or trial dates that may affect this proceeding.
|
|
Docket Date |
2021-02-26
|
Type |
Notice
|
Subtype |
Notice of Appearance
|
Description |
Notice of Appearance
|
On Behalf Of |
DARRYL A. VACHON
|
|
Docket Date |
2021-02-26
|
Type |
Letter
|
Subtype |
Acknowledgment Letter
|
Description |
Acknowledgment Letter 1
|
|
Docket Date |
2021-02-25
|
Type |
Misc. Events
|
Subtype |
Fee Status
|
Description |
FP:Fee Paid Through Portal
|
|
Docket Date |
2021-02-25
|
Type |
Record
|
Subtype |
Appendix
|
Description |
ORIGINAL APPENDIX OR ATTACHMENT
|
|
Docket Date |
2021-02-25
|
Type |
Petition
|
Subtype |
Petition
|
Description |
Petition Filed
|
On Behalf Of |
THE TRAVELERS HOME AND MARINE INSURANCE COMPANY
|
|
|
AMY MILLING VS TRAVELERS HOME AND MARINE INSURANCE COMPANY
|
2D2018-4724
|
2018-11-29
|
Closed
|
|
Classification |
NOA Final - Circuit Civil - Other
|
Court |
2nd District Court of Appeal
|
Originating Court |
Circuit Court for the Thirteenth Judicial Circuit, Hillsborough County
12-CA-17307
|
Parties
Name |
AMY MILLING
|
Role |
Appellant
|
Status |
Active
|
Representations |
STEPHANIE M. MILES, ESQ., BRENT G. STEINBERG, ESQ.
|
|
Name |
THE TRAVELERS HOME AND MARINE INSURANCE COMPANY
|
Role |
Appellee
|
Status |
Active
|
Representations |
Mihaela Cabulea, Esq., MATTHEW J. LAVISKY, ESQ., MATTHEW D. POWELL, ESQ., LEWIS F. COLLINS, JR., ESQ., ANTHONY J. RUSSO, ESQ.
|
|
Name |
HON. EMMETT LAMAR BATTLES
|
Role |
Judge/Judicial Officer
|
Status |
Active
|
|
Name |
HILLSBOROUGH CLERK
|
Role |
Lower Tribunal Clerk
|
Status |
Active
|
|
Docket Entries
Docket Date |
2022-09-21
|
Type |
Record
|
Subtype |
Returned Exhibits
|
Description |
Returned Exhibits ~ **1 USB EXHIBIT RETURNED TO CIRCUIT COURT**
|
|
Docket Date |
2020-12-01
|
Type |
Mandate
|
Subtype |
Mandate
|
Description |
Mandate
|
|
Docket Date |
2020-11-13
|
Type |
Order
|
Subtype |
Order
|
Description |
Miscellaneous Order ~ Milling has requested appellate attorney's fees pursuant to sections 624.155 and 627.428, Florida Statutes (2019). The motion for attorney's fees is remanded to the trial court; if Milling establishes her entitlement thereto, the trial court is authorized to award her all of the reasonable appellate attorney's fees she incurred. Travelers' motion for appellate attorney's fees pursuant to section 768.79, Florida Statutes (2019), is remanded to the trial court; if Travelers establishes its entitlement thereto, the trial court is authorized to award it all of the reasonable appellate attorney's fees it incurred.
|
|
Docket Date |
2020-11-13
|
Type |
Disposition by Opinion
|
Subtype |
Affirmed in Part/Reversed in Part
|
Description |
Affirmed in Part/Reversed in Part - Authored Opinion ~ and remanded.
|
|
Docket Date |
2020-03-12
|
Type |
Order
|
Subtype |
Order
|
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 Tuesday, March 18, 2020 is canceled. Unless the parties advise the court by Monday, March 16, 2020, 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.
|
|
Docket Date |
2020-01-10
|
Type |
Order
|
Subtype |
Order on Motion/Request for Oral Argument
|
Description |
Oral Argument Notice ~ This case is provisionally set for oral argument on WEDNESDAY, MARCH 18, 2020, at 9:30 A.M., before: Judge Darryl C. Casanueva, Judge Patricia J. Kelly, 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.
|
|
Docket Date |
2019-11-26
|
Type |
Brief
|
Subtype |
Reply Brief
|
Description |
Appellant Reply Brief
|
On Behalf Of |
AMY MILLING
|
|
Docket Date |
2019-10-29
|
Type |
Notice
|
Subtype |
Notice of Agreed Extension of Time
|
Description |
Stipulation for Extension of Time ~ 30 - RB due 11/29/19
|
On Behalf Of |
AMY MILLING
|
|
Docket Date |
2019-09-25
|
Type |
Notice
|
Subtype |
Notice of Agreed Extension of Time
|
Description |
Stipulation for Extension of Time ~ 30 - RB due 10/30/19
|
On Behalf Of |
AMY MILLING
|
|
Docket Date |
2019-09-13
|
Type |
Response
|
Subtype |
Response
|
Description |
RESPONSE ~ APPELLANT'S RESPONSE IN OPPOSITION TOAPPELLEE'S MOTION FOR APPELLATE ATTORNEY'S FEES
|
On Behalf Of |
AMY MILLING
|
|
Docket Date |
2019-09-04
|
Type |
Notice
|
Subtype |
Notice of Appearance
|
Description |
Notice of Appearance
|
On Behalf Of |
THE TRAVELERS HOME AND MARINE INSURANCE COMPANY
|
|
Docket Date |
2019-08-29
|
Type |
Motions Relating to Attorney Fees/Costs
|
Subtype |
Motion For Attorney's Fees
|
Description |
Motion For Attorney's Fees
|
On Behalf Of |
THE TRAVELERS HOME AND MARINE INSURANCE COMPANY
|
|
Docket Date |
2019-08-29
|
Type |
Record
|
Subtype |
Appendix to Motion
|
Description |
ALL OTHER MOTIONS APPENDIX/ATTACHMENT ~ APPENDIX TO TRAVELERS HOME AND MARINE INSURANCE COMPANY'S MOTION FOR APPELLATE ATTORNEY'S FEES
|
On Behalf Of |
THE TRAVELERS HOME AND MARINE INSURANCE COMPANY
|
|
Docket Date |
2019-08-29
|
Type |
Brief
|
Subtype |
Answer Brief
|
Description |
Appellee Answer Brief
|
On Behalf Of |
THE TRAVELERS HOME AND MARINE INSURANCE COMPANY
|
|
Docket Date |
2019-08-13
|
Type |
Record
|
Subtype |
Supplemental Record
|
Description |
Supplemental Records ~ 111 PAGES
|
|
Docket Date |
2019-08-12
|
Type |
Notice
|
Subtype |
Notice of Agreed Extension of Time
|
Description |
Stipulation for Extension of Time ~ 15 - AB due 08/30/19
|
On Behalf Of |
THE TRAVELERS HOME AND MARINE INSURANCE COMPANY
|
|
Docket Date |
2019-08-05
|
Type |
Response
|
Subtype |
Response
|
Description |
RESPONSE ~ TO MILLING'S APPELLATE FEE MOTION
|
On Behalf Of |
THE TRAVELERS HOME AND MARINE INSURANCE COMPANY
|
|
Docket Date |
2019-07-29
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time
|
Description |
Grant EOT (general)-74c ~ Appellee's motion for an extension of time is granted, and Appellee may serve a response to Appellant's motion to tax attorney's fees within five days of the date of this order.
|
|
Docket Date |
2019-07-25
|
Type |
Motions Extensions
|
Subtype |
Motion for Extension of Time to File Response
|
Description |
Motion for Extension of Time to File Response
|
On Behalf Of |
THE TRAVELERS HOME AND MARINE INSURANCE COMPANY
|
|
Docket Date |
2019-07-25
|
Type |
Notice
|
Subtype |
Notice of Agreed Extension of Time
|
Description |
Stipulation for Extension of Time ~ 21 - AB due 08/15/19
|
On Behalf Of |
THE TRAVELERS HOME AND MARINE INSURANCE COMPANY
|
|
Docket Date |
2019-07-22
|
Type |
Order
|
Subtype |
Order on Motion to Supplement Record
|
Description |
ORDER GRANTING MOTION TO SUPPLEMENT THE RECORD ~ Appellee's motion to supplement the record is granted, and appellee shall make arrangements within three days with the clerk of the circuit court for the supplementation of the record with the items mentioned in the motion, with the supplemental record to be filed in this court within twenty-five days from the date of this order.
|
|
Docket Date |
2019-07-19
|
Type |
Motions Relating to Records
|
Subtype |
Motion to Supplement Record
|
Description |
Motion to Supplement
|
On Behalf Of |
THE TRAVELERS HOME AND MARINE INSURANCE COMPANY
|
|
Docket Date |
2019-06-13
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time to File Response
|
Description |
Grant EOT Response to Court Order-74a ~ Appellee's motion for an extension of time is granted, and Appellee may serve a response to Appellant's motion to tax attorney's fees by July 26, 2019.
|
|
Docket Date |
2019-06-12
|
Type |
Motions Extensions
|
Subtype |
Motion for Extension of Time to File Response
|
Description |
Motion for Extension of Time to File Response
|
On Behalf Of |
THE TRAVELERS HOME AND MARINE INSURANCE COMPANY
|
|
Docket Date |
2019-06-06
|
Type |
Notice
|
Subtype |
Notice of Agreed Extension of Time
|
Description |
Stipulation for Extension of Time ~ 44 - AB due 07/26/19
|
On Behalf Of |
THE TRAVELERS HOME AND MARINE INSURANCE COMPANY
|
|
Docket Date |
2019-05-29
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time
|
Description |
Grant EOT (general)-74c ~ Appellee's motion for an extension of time to serve a response to Appellant's motion for attorney's fees is granted to the extent that Appellee may serve a response by June 12, 2019.
|
|
Docket Date |
2019-05-28
|
Type |
Motions Extensions
|
Subtype |
Motion for Extension of Time to File Response
|
Description |
Motion for Extension of Time to File Response ~ TRAVELERS HOME AND MARINE INSURANCE COMPANY'S, MOTION FOR ORDER EXTENDING TIME TO RESPOND TO APPELLANT'S MOTION TO TAX ATTORNEY'S FEES
|
On Behalf Of |
THE TRAVELERS HOME AND MARINE INSURANCE COMPANY
|
|
Docket Date |
2019-05-13
|
Type |
Motions Relating to Attorney Fees/Costs
|
Subtype |
Motion For Attorney's Fees
|
Description |
Motion For Attorney's Fees
|
On Behalf Of |
AMY MILLING
|
|
Docket Date |
2019-05-13
|
Type |
Motions Relating to Oral Argument
|
Subtype |
Motion/Request for Oral Argument
|
Description |
Request for Oral Argument
|
On Behalf Of |
AMY MILLING
|
|
Docket Date |
2019-05-13
|
Type |
Brief
|
Subtype |
Initial Brief
|
Description |
Initial Appellant Brief on Merits
|
On Behalf Of |
AMY MILLING
|
|
Docket Date |
2019-04-30
|
Type |
Notice
|
Subtype |
Notice of Agreed Extension of Time
|
Description |
Stipulation for Extension of Time ~ 14 - IB due 05/15/19
|
On Behalf Of |
AMY MILLING
|
|
Docket Date |
2019-04-01
|
Type |
Notice
|
Subtype |
Notice of Agreed Extension of Time
|
Description |
Stipulation for Extension of Time ~ See Amended Stipulatioin
|
On Behalf Of |
AMY MILLING
|
|
Docket Date |
2019-03-01
|
Type |
Record
|
Subtype |
Exhibits
|
Description |
Received Exhibits ~ EXHIBIT - 1 USB DRIVE STORED IN VAULT
|
|
Docket Date |
2019-02-28
|
Type |
Record
|
Subtype |
Record on Appeal
|
Description |
Received Records ~ ADDITION - REDACTED - 124 PAGES
|
|
Docket Date |
2019-01-28
|
Type |
Record
|
Subtype |
Record on Appeal
|
Description |
Received Records ~ BATTLES - REDACTED - 436 PAGES
|
|
Docket Date |
2019-01-14
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time for Record
|
Description |
Order Granting Time Extension ~ Appellant's motion for extension of time for the lower tribunal clerk to file the record on appeal is granted, and the record shall be filed no later than March 1, 2019.
|
|
Docket Date |
2019-01-10
|
Type |
Motions Extensions
|
Subtype |
Motion for Extension of Time for Record
|
Description |
Motion Extension of Time To File Record
|
On Behalf Of |
AMY MILLING
|
|
Docket Date |
2019-01-09
|
Type |
Order
|
Subtype |
Order Discharging Show Cause Order
|
Description |
ORD-DISCHARGING SHOW CAUSE ~ This court's November 30, 2018, order to show cause is discharged. This appeal shall proceed.
|
|
Docket Date |
2018-12-18
|
Type |
Notice
|
Subtype |
Notice of Appearance
|
Description |
Notice of Appearance
|
On Behalf Of |
THE TRAVELERS HOME AND MARINE INSURANCE COMPANY
|
|
Docket Date |
2018-12-14
|
Type |
Response
|
Subtype |
Response
|
Description |
RESPONSE ~ TO ORDER TO SHOW CAUSE
|
On Behalf Of |
AMY MILLING
|
|
Docket Date |
2018-12-13
|
Type |
Notice
|
Subtype |
Notice of Appearance
|
Description |
Notice of Appearance
|
On Behalf Of |
AMY MILLING
|
|
Docket Date |
2018-11-30
|
Type |
Order
|
Subtype |
Show Cause Jurisdiction
|
Description |
OSC nonfinal, nonappealable civil ~ Appellant shall show cause within fifteen days why this appeal should not be dismissed as from a nonfinal, nonappealable order.*DISCHARGED-SEE 1/9/19 ORDER.*
|
|
Docket Date |
2018-11-30
|
Type |
Letter
|
Subtype |
Acknowledgment Letter
|
Description |
Acknowledgment Letter 1
|
|
Docket Date |
2018-11-30
|
Type |
Misc. Events
|
Subtype |
Case Filing Fee Paid through Portal
|
Description |
Case Filing Fee Paid through Portal
|
On Behalf Of |
AMY MILLING
|
|
Docket Date |
2018-11-29
|
Type |
Notice
|
Subtype |
Notice of Appeal
|
Description |
Notice of Appeal Filed ~ ATTACHED ORDER APPEALED
|
On Behalf Of |
AMY MILLING
|
|
Docket Date |
2018-11-29
|
Type |
Misc. Events
|
Subtype |
Fee Status
|
Description |
FP:Fee Paid Through Portal
|
|
|
PROGRESSIVE SELECT INSURANCE COMPANY VS JEANETTE BIGNEY, JASON THAGARD AND THE TRAVELERS HOME AND MARINE INSURANCE COMPANY
|
5D2018-2124
|
2018-07-02
|
Closed
|
|
Classification |
Original Proceedings - Circuit Civil - Certiorari
|
Court |
5th District Court of Appeal
|
Originating Court |
Circuit Court for the Ninth Judicial Circuit, Orange County
2017-CA-0101782-O
|
Parties
Name |
PROGRESSIVE SELECT INSURANCE COMPANY
|
Role |
Petitioner
|
Status |
Active
|
Representations |
Stuart J. Freeman
|
|
Name |
JASON THAGARD
|
Role |
Respondent
|
Status |
Active
|
|
Name |
THE TRAVELERS HOME AND MARINE INSURANCE COMPANY
|
Role |
Respondent
|
Status |
Active
|
|
Name |
Jeanette Bigney
|
Role |
Respondent
|
Status |
Active
|
Representations |
Brooke Gaffney, Jeffrey E. Bigman, EUGENE P. MURPHY, JOSEPH H. SHAUGHNESSY, JOSEPH BRYANT
|
|
Name |
HON. ANDREA TEVES SMITH
|
Role |
Judge/Judicial Officer
|
Status |
Active
|
|
Name |
Orange Cty Circuit Ct Clerk
|
Role |
Lower Tribunal Clerk
|
Status |
Active
|
|
Docket Entries
Docket Date |
2019-01-09
|
Type |
Record
|
Subtype |
Returned Records
|
Description |
Returned Records ~ NO RECORD EFILED
|
|
Docket Date |
2019-01-09
|
Type |
Mandate
|
Subtype |
Mandate
|
Description |
Mandate
|
|
Docket Date |
2018-12-21
|
Type |
Disposition by Opinion
|
Subtype |
Granted
|
Description |
Granted - Per Curiam Opinion
|
|
Docket Date |
2018-08-03
|
Type |
Response
|
Subtype |
Reply
|
Description |
REPLY
|
On Behalf Of |
Progressive Select Insurance Company
|
|
Docket Date |
2018-07-30
|
Type |
Record
|
Subtype |
Appendix to Response
|
Description |
Appendix to Response
|
On Behalf Of |
Jeanette Bigney
|
|
Docket Date |
2018-07-30
|
Type |
Response
|
Subtype |
Response
|
Description |
RESPONSE ~ PER 7/10 ORDER (FOR RS, JEANETTE BIGNEY)
|
On Behalf Of |
Jeanette Bigney
|
|
Docket Date |
2018-07-23
|
Type |
Response
|
Subtype |
Response
|
Description |
RESPONSE ~ TO 7/10 ORDER (FOR RS, TRAVELERS HOME AND MARINE INSURANCE)
|
On Behalf Of |
Jeanette Bigney
|
|
Docket Date |
2018-07-20
|
Type |
Response
|
Subtype |
Response
|
Description |
RESPONSE ~ PER 7/10 ORDER (FOR RS, JASON THAGARD)
|
On Behalf Of |
Jeanette Bigney
|
|
Docket Date |
2018-07-10
|
Type |
Record
|
Subtype |
Appendix to Petition
|
Description |
Appendix to Petition ~ SUPP APX PER 7/9 ORDER
|
On Behalf Of |
Progressive Select Insurance Company
|
|
Docket Date |
2018-07-10
|
Type |
Notice
|
Subtype |
Notice of Appearance
|
Description |
Notice of Appearance
|
On Behalf Of |
Jeanette Bigney
|
|
Docket Date |
2018-07-10
|
Type |
Order
|
Subtype |
Order to File Response
|
Description |
ORD-Respondent to Respond ~ W/IN 20 DAYS; REPLY 10 DAYS
|
|
Docket Date |
2018-07-09
|
Type |
Order
|
Subtype |
Order on Miscellaneous Motion
|
Description |
Grant Miscellaneous Motion ~ SUPPL APX W/IN 10 DAYS
|
|
Docket Date |
2018-07-06
|
Type |
Motions Other
|
Subtype |
Miscellaneous Motion
|
Description |
Miscellaneous Motion ~ FOR LEAVE TO FILE SUPP APX
|
On Behalf Of |
Progressive Select Insurance Company
|
|
Docket Date |
2018-07-05
|
Type |
Order
|
Subtype |
Order Striking Filing
|
Description |
ORD-Stricken ~ PT FILE MOT FOR LEAVE W/IN 10 DAYS; OA IS DISPENSED WITH
|
|
Docket Date |
2018-07-03
|
Type |
Misc. Events
|
Subtype |
Miscellaneous Docket Entry
|
Description |
Miscellaneous Docket Entry ~ REQUEST FOR OA; DISPENSED 7/5
|
On Behalf Of |
Progressive Select Insurance Company
|
|
Docket Date |
2018-07-03
|
Type |
Record
|
Subtype |
Appendix to Petition
|
Description |
Appendix to Petition ~ SUPPLEMENTAL APX; STRICKEN PER 7/5 ORDER
|
On Behalf Of |
Progressive Select Insurance Company
|
|
Docket Date |
2018-07-02
|
Type |
Petition
|
Subtype |
Petition
|
Description |
Petition Filed
|
On Behalf Of |
Progressive Select Insurance Company
|
|
Docket Date |
2018-07-02
|
Type |
Letter
|
Subtype |
Acknowledgment Letter
|
Description |
Acknowledgement Letter 1
|
|
Docket Date |
2018-07-02
|
Type |
Misc. Events
|
Subtype |
Fee Status
|
Description |
A3:Paid In Full - $300
|
|
Docket Date |
2018-07-02
|
Type |
Order
|
Subtype |
Order on Filing Fee
|
Description |
Order to pay filing fee - Writ (300)
|
|
Docket Date |
2018-07-02
|
Type |
Record
|
Subtype |
Appendix to Petition
|
Description |
Appendix to Petition
|
On Behalf Of |
Progressive Select Insurance Company
|
|
|
DARRYL A. VACHON VS THE TRAVELERS HOME AND MARINE INSURANCE CO.
|
2D2017-4060
|
2017-10-11
|
Closed
|
|
Classification |
NOA Final - Circuit Civil - Other
|
Court |
2nd District Court of Appeal
|
Originating Court |
Circuit Court for the Thirteenth Judicial Circuit, Hillsborough County
13-CA-3570
|
Parties
Name |
THE TRAVELERS HOME AND MARINE INSURANCE COMPANY
|
Role |
Appellee
|
Status |
Active
|
Representations |
JACK R. REITER, ESQ., TERA RADIGAN, ESQ., SCOTT B. ALBEE, ESQ., JORDAN S. KOSCHES, ESQ.
|
|
Name |
HILLSBOROUGH CLERK
|
Role |
Lower Tribunal Clerk
|
Status |
Active
|
|
Name |
DARRYL A. VACHON
|
Role |
Appellant
|
Status |
Active
|
Representations |
JEAN MARIE HENNE, ESQ., K. C. BOUCHILLON, ESQ.
|
|
Docket Entries
Docket Date |
2018-11-05
|
Type |
Brief
|
Subtype |
Amended Answer Brief
|
Description |
Amended Answer Brief
|
On Behalf Of |
THE TRAVELERS HOME AND MARINE INSURANCE COMPANY
|
|
Docket Date |
2019-04-05
|
Type |
Disposition by Opinion
|
Subtype |
Affirmed
|
Description |
Affirmed - Per Curiam Affirmed
|
|
Docket Date |
2019-03-20
|
Type |
Misc. Events
|
Subtype |
Oral Argument Date Set
|
Description |
Oral Argument Date Set ~ Tampa
|
|
Docket Date |
2018-11-06
|
Type |
Order
|
Subtype |
Order on Motion To Strike
|
Description |
Grant Motion to Strike ~ Appellee's motion to strike is granted. The answer brief filed on September 11, 2018, is stricken. The amended answer brief is accepted as filed.
|
|
Docket Date |
2018-11-05
|
Type |
Motions Other
|
Subtype |
Motion To Strike
|
Description |
Motion To Strike
|
On Behalf Of |
THE TRAVELERS HOME AND MARINE INSURANCE COMPANY
|
|
Docket Date |
2018-11-01
|
Type |
Order
|
Subtype |
Order
|
Description |
Miscellaneous Order ~ Appellee's notice of scrivener's error is treated as a motion for leave to file an amended answer brief and granted to the extent that within 10 days of the date of this order, Appellee shall serve an amended answer brief correcting the error identified in the notice. The amended answer brief shall be accompanied by a motion to strike the previously filed brief.
|
|
Docket Date |
2018-10-31
|
Type |
Notice
|
Subtype |
Notice
|
Description |
Notice ~ APPELLEE'S NOTICE OF SCRIVENER'S ERROR AND CORRECTION*treated as a motion for leave to file an amended answer brief.*
|
On Behalf Of |
THE TRAVELERS HOME AND MARINE INSURANCE COMPANY
|
|
Docket Date |
2018-10-24
|
Type |
Motions Relating to Oral Argument
|
Subtype |
Motion/Request for Oral Argument
|
Description |
Request for Oral Argument
|
On Behalf Of |
DARRYL A. VACHON
|
|
Docket Date |
2018-10-19
|
Type |
Response
|
Subtype |
Response
|
Description |
RESPONSE ~ APPELLEE'S RESPONSE TO APPELLANT'S MOTION FOR APPELLATE ATTORNEY'S FEES
|
On Behalf Of |
THE TRAVELERS HOME AND MARINE INSURANCE COMPANY
|
|
Docket Date |
2018-10-04
|
Type |
Motions Relating to Attorney Fees/Costs
|
Subtype |
Motion For Attorney's Fees
|
Description |
Motion For Attorney's Fees
|
On Behalf Of |
DARRYL A. VACHON
|
|
Docket Date |
2018-10-04
|
Type |
Notice
|
Subtype |
Notice of Agreed Extension of Time
|
Description |
Stipulation for Extension of Time ~ 30- RB DUE 11/04/18
|
On Behalf Of |
DARRYL A. VACHON
|
|
Docket Date |
2018-09-11
|
Type |
Brief
|
Subtype |
Answer Brief
|
Description |
Appellee Answer Brief
|
On Behalf Of |
THE TRAVELERS HOME AND MARINE INSURANCE COMPANY
|
|
Docket Date |
2018-08-21
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
Description |
ORDER GRANTING EOT FOR ANSWER BRIEF ~ Appellee's motion for extension of time is granted, and the answer brief shallbe served by September 11, 2018.
|
|
Docket Date |
2018-08-17
|
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 |
THE TRAVELERS HOME AND MARINE INSURANCE COMPANY
|
|
Docket Date |
2018-06-15
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
Description |
ORDER GRANTING EOT FOR ANSWER BRIEF ~ Appellee's motion for extension of time is granted, and the answer brief shallbe served by August 20, 2018.
|
|
Docket Date |
2018-06-14
|
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 |
THE TRAVELERS HOME AND MARINE INSURANCE COMPANY
|
|
Docket Date |
2018-03-28
|
Type |
Notice
|
Subtype |
Notice of Agreed Extension of Time
|
Description |
Stipulation for Extension of Time ~ 60 - AB due 06/19/18
|
On Behalf Of |
THE TRAVELERS HOME AND MARINE INSURANCE COMPANY
|
|
Docket Date |
2018-03-26
|
Type |
Brief
|
Subtype |
Initial Brief
|
Description |
Initial Appellant Brief on Merits
|
On Behalf Of |
DARRYL A. VACHON
|
|
Docket Date |
2018-03-14
|
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 March 26, 2018.
|
|
Docket Date |
2018-03-12
|
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 |
DARRYL A. VACHON
|
|
Docket Date |
2018-02-13
|
Type |
Notice
|
Subtype |
Notice of Agreed Extension of Time
|
Description |
Stipulation for Extension of Time ~ 30- IB DUE 03/15/18
|
On Behalf Of |
DARRYL A. VACHON
|
|
Docket Date |
2018-02-06
|
Type |
Record
|
Subtype |
Record on Appeal
|
Description |
Received Records ~ BARBAS - CORRECTED - REDACTED - 4275 PAGES
|
|
Docket Date |
2017-12-15
|
Type |
Notice
|
Subtype |
Notice of Agreed Extension of Time
|
Description |
Stipulation for Extension of Time ~ 60 - IB due 02/13/18
|
On Behalf Of |
DARRYL A. VACHON
|
|
Docket Date |
2017-12-13
|
Type |
Record
|
Subtype |
Record on Appeal
|
Description |
Received Records ~ BARBAS - REDACTED - 8540 PAGES
|
|
Docket Date |
2017-10-20
|
Type |
Misc. Events
|
Subtype |
Case Filing Fee Paid through Portal
|
Description |
Case Filing Fee Paid through Portal
|
|
Docket Date |
2017-10-13
|
Type |
Letter
|
Subtype |
Acknowledgment Letter
|
Description |
Acknowledgment Letter 1
|
|
Docket Date |
2017-10-13
|
Type |
Order
|
Subtype |
Order on Filing Fee
|
Description |
fee - civil; atty
|
|
Docket Date |
2017-10-11
|
Type |
Misc. Events
|
Subtype |
Fee Status
|
Description |
FP:Fee Paid Through Portal
|
|
Docket Date |
2017-10-11
|
Type |
Notice
|
Subtype |
Notice of Appeal
|
Description |
Notice of Appeal Filed
|
On Behalf Of |
DARRYL A. VACHON
|
|
Docket Date |
2019-04-24
|
Type |
Mandate
|
Subtype |
Mandate
|
Description |
Mandate
|
|
Docket Date |
2019-04-05
|
Type |
Order
|
Subtype |
Order
|
Description |
Miscellaneous Order ~ The Appellant's motion for appellate attorney's fees is denied.
|
|
Docket Date |
2019-01-04
|
Type |
Order
|
Subtype |
Order on Motion/Request for Oral Argument
|
Description |
Oral Argument Notice ~ This case is provisionally set for oral argument on WEDNESDAY, MARCH 20, 2019, at 11:00 A.M., before: Judge Patricia J. Kelly, Judge Nelly N. Khouzam, Judge Matthew C. Lucas. 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.
|
|
Docket Date |
2018-10-24
|
Type |
Brief
|
Subtype |
Reply Brief
|
Description |
Appellant Reply Brief
|
On Behalf Of |
DARRYL A. VACHON
|
|
|
TRAVELERS HOME AND MARINE INSURANCE COMPANY VS MICHAEL J. GALLO AND TYLER R. BROCK
|
5D2016-4214
|
2016-12-12
|
Closed
|
|
Classification |
NOA Final - Circuit Civil - Other
|
Court |
5th District Court of Appeal
|
Originating Court |
Circuit Court for the Eighteenth Judicial Circuit, Brevard County
05-2014-CA-015794
|
Parties
Name |
THE TRAVELERS HOME AND MARINE INSURANCE COMPANY
|
Role |
Appellant
|
Status |
Active
|
Representations |
Jack R. Reiter, Jordan S. Kosches
|
|
Name |
TYLER BROCK
|
Role |
Appellee
|
Status |
Active
|
|
Name |
MICHAEL J. GALLO
|
Role |
Appellee
|
Status |
Active
|
Representations |
Michael J. Merrill, Christopher V. Carlyle, Scott A. Turner, O. John Alpizar
|
|
Name |
Hon. George W. Maxwell III
|
Role |
Judge/Judicial Officer
|
Status |
Active
|
|
Name |
Clerk Brevard
|
Role |
Lower Tribunal Clerk
|
Status |
Active
|
|
Docket Entries
Docket Date |
2018-06-20
|
Type |
Record
|
Subtype |
Returned Records
|
Description |
Returned Records ~ NO RECORD EFILED
|
|
Docket Date |
2018-06-01
|
Type |
Disposition by Opinion
|
Subtype |
Reversed
|
Description |
Reversed - Authored Opinion ~ AND REMANDED.
|
|
Docket Date |
2018-01-12
|
Type |
Record
|
Subtype |
Supplemental Record
|
Description |
Supplemental Records ~ (2ND) 170 PAGES
|
On Behalf Of |
Clerk Brevard
|
|
Docket Date |
2017-10-24
|
Type |
Record
|
Subtype |
Supplemental Record
|
Description |
Supplemental Records ~ (1ST) 141 PAGES
|
On Behalf Of |
Clerk Brevard
|
|
Docket Date |
2017-02-22
|
Type |
Record
|
Subtype |
Record on Appeal
|
Description |
Received Records ~ 1 VOL. EFILED (2,897 PGS.)
|
On Behalf Of |
Clerk Brevard
|
|
Docket Date |
2017-01-06
|
Type |
Mediation
|
Subtype |
Mediation Questionnaire
|
Description |
Mediation Questionnaire ~ AA JACK R. REITER 0028304
|
On Behalf Of |
TRAVELERS HOME AND MARINE INSURANCE COMPANY
|
|
Docket Date |
2016-12-30
|
Type |
Mediation
|
Subtype |
Mediation Questionnaire
|
Description |
Mediation Questionnaire ~ AE CHRISTOPHER V. CARLYLE 991007
|
On Behalf Of |
MICHAEL J. GALLO
|
|
Docket Date |
2016-12-27
|
Type |
Mediation
|
Subtype |
Mediation Questionnaire
|
Description |
Mediation Questionnaire ~ AE CHRISTOPHER V. CARLYLE 991007
|
On Behalf Of |
MICHAEL J. GALLO
|
|
Docket Date |
2016-12-27
|
Type |
Response
|
Subtype |
Response
|
Description |
RESPONSE ~ PER 12/15 ORDER
|
On Behalf Of |
TRAVELERS HOME AND MARINE INSURANCE COMPANY
|
|
Docket Date |
2016-12-22
|
Type |
Mediation
|
Subtype |
Mediation Questionnaire
|
Description |
Mediation Questionnaire ~ AA JACK R. REITER 0028304
|
On Behalf Of |
TRAVELERS HOME AND MARINE INSURANCE COMPANY
|
|
Docket Date |
2016-12-16
|
Type |
Notice
|
Subtype |
Notice of Appearance
|
Description |
Notice of Appearance
|
On Behalf Of |
TRAVELERS HOME AND MARINE INSURANCE COMPANY
|
|
Docket Date |
2016-12-15
|
Type |
Order
|
Subtype |
Order on Consolidation
|
Description |
ORD-SUA SPONTE RE CONSOLIDATION/TRAVEL ~ W/IN 10 DAYS; PARTIES ADVISE WHY NOT CONSOL WITH 16-3158
|
|
Docket Date |
2016-12-12
|
Type |
Order
|
Subtype |
Order on Filing Fee
|
Description |
Order to pay filing fee - Civil appeal (300)
|
|
Docket Date |
2016-12-12
|
Type |
Letter
|
Subtype |
Acknowledgment Letter
|
Description |
Acknowledgement Letter 1
|
|
Docket Date |
2016-12-12
|
Type |
Notice
|
Subtype |
Notice of Appeal
|
Description |
Notice of Appeal Filed ~ FILED BELOW 12/9/16
|
On Behalf Of |
TRAVELERS HOME AND MARINE INSURANCE COMPANY
|
|
Docket Date |
2016-12-12
|
Type |
Misc. Events
|
Subtype |
Fee Status
|
Description |
A3:Paid In Full - $300
|
|
Docket Date |
2016-12-12
|
Type |
Mediation
|
Subtype |
Other
|
Description |
Mediation Packet
|
|
|
TRAVELERS HOME AND MARINE INSURANCE COMPANY VS MICHAEL J. GALLO AND TYLER R. BROCK
|
5D2016-3158
|
2016-09-15
|
Closed
|
|
Classification |
NOA Final - Circuit Civil - Other
|
Court |
5th District Court of Appeal
|
Originating Court |
Circuit Court for the Eighteenth Judicial Circuit, Brevard County
05-2014-CA-015794
|
Parties
Name |
THE TRAVELERS HOME AND MARINE INSURANCE COMPANY
|
Role |
Appellant
|
Status |
Active
|
Representations |
Jordan S. Kosches, Tiffany M. Decossaux, Jack R. Reiter
|
|
Name |
MICHAEL J. GALLO
|
Role |
Appellee
|
Status |
Active
|
Representations |
O. John Alpizar, Michael J. Merrill, Christopher V. Carlyle, Scott A. Turner, Andrew Pickett
|
|
Name |
TYLER BROCK
|
Role |
Appellee
|
Status |
Active
|
|
Name |
Hon. George W. Maxwell III
|
Role |
Judge/Judicial Officer
|
Status |
Active
|
|
Name |
Clerk Brevard
|
Role |
Lower Tribunal Clerk
|
Status |
Active
|
|
Docket Entries
Docket Date |
2018-06-20
|
Type |
Record
|
Subtype |
Returned Records
|
Description |
Returned Records ~ NO RECORD EFILED
|
|
Docket Date |
2018-06-20
|
Type |
Mandate
|
Subtype |
Mandate
|
Description |
Mandate
|
|
Docket Date |
2018-06-01
|
Type |
Disposition by Opinion
|
Subtype |
Reversed
|
Description |
Reversed - Authored Opinion ~ AND REMANDED.
|
|
Docket Date |
2018-06-01
|
Type |
Order
|
Subtype |
Order on Motion For Attorney's Fees
|
Description |
Order Granting attorney's fee - Dresser ~ 1/2/18MOT IS GRANTED;11/8/17 MOT IS DENIED
|
|
Docket Date |
2018-02-23
|
Type |
Notice
|
Subtype |
Notice of Supplemental Authority
|
Description |
Notice of Supplemental Authority
|
On Behalf Of |
MICHAEL J. GALLO
|
|
Docket Date |
2018-02-13
|
Type |
Notice
|
Subtype |
Notice of Oral Argument
|
Description |
NOTICE OF ORAL ARGUMENT
|
|
Docket Date |
2018-01-12
|
Type |
Record
|
Subtype |
Supplemental Record
|
Description |
Supplemental Records ~ (2ND) 170 PAGES
|
On Behalf Of |
Clerk Brevard
|
|
Docket Date |
2018-01-02
|
Type |
Motions Relating to Attorney Fees/Costs
|
Subtype |
Motion For Attorney's Fees
|
Description |
Motion For Attorney's Fees ~ FOR MERIT PANEL CONSIDERATION
|
On Behalf Of |
TRAVELERS HOME AND MARINE INSURANCE COMPANY
|
|
Docket Date |
2018-01-02
|
Type |
Brief
|
Subtype |
Reply Brief
|
Description |
Appellant's Reply Brief
|
On Behalf Of |
TRAVELERS HOME AND MARINE INSURANCE COMPANY
|
|
Docket Date |
2018-01-02
|
Type |
Order
|
Subtype |
Order on Motion to Supplement Record
|
Description |
Order Granting Motion to Supplement the Record ~ SUPP ROA 1/22;REPLY BRF 1/3
|
|
Docket Date |
2017-12-29
|
Type |
Motions Relating to Records
|
Subtype |
Motion to Supplement Record
|
Description |
Motion To File Supplemental Record
|
On Behalf Of |
TRAVELERS HOME AND MARINE INSURANCE COMPANY
|
|
Docket Date |
2017-11-27
|
Type |
Response
|
Subtype |
Response
|
Description |
RESPONSE ~ TO MOT ATTY FEES
|
On Behalf Of |
TRAVELERS HOME AND MARINE INSURANCE COMPANY
|
|
Docket Date |
2017-11-13
|
Type |
Notice
|
Subtype |
Notice of Agreed Extension of Time - Reply Brief
|
Description |
Notice of Agreed Extension - Reply Brief ~ TO 1/3
|
On Behalf Of |
TRAVELERS HOME AND MARINE INSURANCE COMPANY
|
|
Docket Date |
2017-11-08
|
Type |
Brief
|
Subtype |
Answer Brief
|
Description |
Appellee's Answer Brief
|
On Behalf Of |
MICHAEL J. GALLO
|
|
Docket Date |
2017-11-08
|
Type |
Motions Relating to Attorney Fees/Costs
|
Subtype |
Motion For Attorney's Fees
|
Description |
Motion For Attorney's Fees ~ FOR MERIT PANEL CONSIDERATION
|
On Behalf Of |
MICHAEL J. GALLO
|
|
Docket Date |
2017-10-24
|
Type |
Record
|
Subtype |
Supplemental Record
|
Description |
Supplemental Records ~ (1ST) 141 PAGES
|
On Behalf Of |
Clerk Brevard
|
|
Docket Date |
2017-10-20
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
Description |
Order Grant EOT for Answer Brief ~ TO 11/15
|
|
Docket Date |
2017-10-19
|
Type |
Motions Extensions
|
Subtype |
Motion for Extension of Time to Serve Answer Brief
|
Description |
Mot. for Extensio of time to file Answer Brief
|
On Behalf Of |
MICHAEL J. GALLO
|
|
Docket Date |
2017-10-13
|
Type |
Motions Relating to Records
|
Subtype |
Motion to Supplement Record
|
Description |
Motion To File Supplemental Record
|
On Behalf Of |
MICHAEL J. GALLO
|
|
Docket Date |
2017-10-13
|
Type |
Order
|
Subtype |
Order on Motion to Supplement Record
|
Description |
Order Granting Motion to Supplement the Record ~ TO 1/22
|
|
Docket Date |
2017-09-14
|
Type |
Notice
|
Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
Description |
Notice of Agreed Extension - Answer Brief ~ TO 10/16
|
On Behalf Of |
MICHAEL J. GALLO
|
|
Docket Date |
2017-08-11
|
Type |
Notice
|
Subtype |
Notice
|
Description |
Notice ~ AGREED EOT TO FILE ANS BRF TO 9/14
|
On Behalf Of |
MICHAEL J. GALLO
|
|
Docket Date |
2017-08-01
|
Type |
Motions Relating to Oral Argument
|
Subtype |
Motion/Request for Oral Argument
|
Description |
Request for Oral Argument
|
On Behalf Of |
TRAVELERS HOME AND MARINE INSURANCE COMPANY
|
|
Docket Date |
2017-07-21
|
Type |
Brief
|
Subtype |
Initial Brief
|
Description |
Initial Brief on Merits
|
On Behalf Of |
TRAVELERS HOME AND MARINE INSURANCE COMPANY
|
|
Docket Date |
2017-06-20
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
Description |
Order Grant EOT for Initial Brief
|
|
Docket Date |
2017-06-19
|
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 |
TRAVELERS HOME AND MARINE INSURANCE COMPANY
|
|
Docket Date |
2017-05-08
|
Type |
Notice
|
Subtype |
Notice
|
Description |
Notice ~ AGREED EOT TO FILE INIT BRF TO 6/21
|
On Behalf Of |
TRAVELERS HOME AND MARINE INSURANCE COMPANY
|
|
Docket Date |
2017-03-21
|
Type |
Notice
|
Subtype |
Notice
|
Description |
Notice ~ AGREED EOT TO FILE INIT BRF TO 5/22
|
On Behalf Of |
TRAVELERS HOME AND MARINE INSURANCE COMPANY
|
|
Docket Date |
2017-02-22
|
Type |
Record
|
Subtype |
Record on Appeal
|
Description |
Received Records ~ 1 VOL. EFILED (2,897 PGS.)
|
On Behalf Of |
Clerk Brevard
|
|
Docket Date |
2017-01-11
|
Type |
Order
|
Subtype |
Order Declining Referral to Mediation
|
Description |
ORD- Declining Referral to Mediation
|
|
Docket Date |
2017-01-06
|
Type |
Mediation
|
Subtype |
Confidential Statement
|
Description |
Confidential Statement ~ AA JACK R. REITER 0028304
|
On Behalf Of |
TRAVELERS HOME AND MARINE INSURANCE COMPANY
|
|
Docket Date |
2016-12-30
|
Type |
Mediation
|
Subtype |
Mediation Questionnaire
|
Description |
Mediation Questionnaire ~ AE CHRISTOPHER V. CARLYLE 991007
|
On Behalf Of |
MICHAEL J. GALLO
|
|
Docket Date |
2016-12-30
|
Type |
Order
|
Subtype |
Mediation Letter to LT
|
Description |
Mediation Letter to L.T.
|
|
Docket Date |
2016-12-27
|
Type |
Response
|
Subtype |
Response
|
Description |
RESPONSE ~ PER 12/15 ORDER
|
On Behalf Of |
TRAVELERS HOME AND MARINE INSURANCE COMPANY
|
|
Docket Date |
2016-12-22
|
Type |
Notice
|
Subtype |
Amended Notice of Appeal
|
Description |
Amended Notice of Appeal
|
On Behalf Of |
TRAVELERS HOME AND MARINE INSURANCE COMPANY
|
|
Docket Date |
2016-12-16
|
Type |
Notice
|
Subtype |
Notice of Appearance
|
Description |
Notice of Appearance
|
On Behalf Of |
TRAVELERS HOME AND MARINE INSURANCE COMPANY
|
|
Docket Date |
2016-12-15
|
Type |
Order
|
Subtype |
Order on Consolidation
|
Description |
ORD-SUA SPONTE RE CONSOLIDATION/TRAVEL ~ W/IN 10 DAYS; PARTIES ADVISE WHY NOT CONSOL WITH 16-4214
|
|
Docket Date |
2016-12-01
|
Type |
Notice
|
Subtype |
Notice of Appearance
|
Description |
Notice of Appearance
|
On Behalf Of |
MICHAEL J. GALLO
|
|
Docket Date |
2016-11-21
|
Type |
Order
|
Subtype |
Abeyance Order
|
Description |
ORD-Appeal held in abeyance
|
|
Docket Date |
2016-11-18
|
Type |
Notice
|
Subtype |
Notice
|
Description |
Notice ~ UPDATE RE: PENDING TRIAL COURT MOTION TOLLING RENDITION OF ORDER ON APPEAL
|
On Behalf Of |
TRAVELERS HOME AND MARINE INSURANCE COMPANY
|
|
Docket Date |
2016-10-17
|
Type |
Order
|
Subtype |
Order on Motion for Reinstatement
|
Description |
ORD-Reinstatement
|
|
Docket Date |
2016-10-14
|
Type |
Disposition
|
Subtype |
Dismissed
|
Description |
Dismissed - Order by Clerk ~ FAILURE TO PAY FILING FEE
|
|
Docket Date |
2016-10-14
|
Type |
Disposition by Order
|
Subtype |
Dismissed
|
Description |
Dism. Filing Fee ~ W/DRWN PER 10/17 ORDER
|
|
Docket Date |
2016-09-15
|
Type |
Letter
|
Subtype |
Acknowledgment Letter
|
Description |
Acknowledgement Letter 1
|
|
Docket Date |
2016-09-15
|
Type |
Notice
|
Subtype |
Notice
|
Description |
Notice ~ THAT A MOTION POSTPONING RENDITION OF ORDER ON APPEAL REMAINS PENDING IN TRIAL COURT
|
On Behalf Of |
TRAVELERS HOME AND MARINE INSURANCE COMPANY
|
|
Docket Date |
2016-09-15
|
Type |
Misc. Events
|
Subtype |
Fee Status
|
Description |
A3:Paid In Full - $300
|
|
Docket Date |
2016-09-15
|
Type |
Order
|
Subtype |
Order on Filing Fee
|
Description |
Order to pay filing fee - Civil appeal (300)
|
|
|
BRITTANY LYNN STABE VS THE TRAVELERS HOME & MARINE INS. CO.
|
4D2015-3331
|
2015-09-03
|
Closed
|
|
Classification |
NOA Final - Circuit Civil - Other
|
Court |
4th District Court of Appeal
|
Originating Court |
Circuit Court for the Nineteenth Judicial Circuit, Indian River County
2013-CA-001069
|
Parties
Name |
BRITTANY LYNN STABE
|
Role |
Appellant
|
Status |
Active
|
Representations |
Matthew M. Thomas, Joseph H. Graves, Patrick Michael Chidnese, Stacy Delayne Blank
|
|
Name |
THE TRAVELERS HOME AND MARINE INSURANCE COMPANY
|
Role |
Appellee
|
Status |
Active
|
Representations |
Jack R. Reiter, Jordan S. Kosches, R. SCOTT SIMMONS
|
|
Name |
Hon. Cynthia L. Cox
|
Role |
Judge/Judicial Officer
|
Status |
Active
|
|
Name |
Clerk - Indian River
|
Role |
Lower Tribunal Clerk
|
Status |
Active
|
|
Docket Entries
Docket Date |
2017-04-10
|
Type |
Order
|
Subtype |
Order on Motion to Recall Mandate
|
Description |
Ord-Denying Recall of Mandate ~ ORDERED that the appellant's March 29, 2017 expedited motion for temporary recall of the mandate to address intervening change in law is denied. Further,ORDERED that appellant’s April 10, 2017 emergency motion is determined to be moot.
|
|
Docket Date |
2017-04-10
|
Type |
Motions Other
|
Subtype |
Request for Emergency Treatment
|
Description |
Request for Emergency Treatment
|
On Behalf Of |
BRITTANY LYNN STABE
|
|
Docket Date |
2017-03-31
|
Type |
Response
|
Subtype |
Response
|
Description |
Response ~ IN OPPOSITION TO EXPEDITED MOTION TO TEMPORARY RECALL MANDATE
|
On Behalf Of |
Travelers Home and Marine Insurance Company
|
|
Docket Date |
2017-03-29
|
Type |
Post-Disposition Motions
|
Subtype |
Motion to Recall Mandate
|
Description |
Motion to recall mandate ~ (EXPEDITED MOTION FOR TEMPORARY RECALL OF MANDATE ETC.)
|
On Behalf Of |
BRITTANY LYNN STABE
|
|
Docket Date |
2016-12-09
|
Type |
Mandate
|
Subtype |
Mandate
|
Description |
Mandate
|
|
Docket Date |
2016-11-17
|
Type |
Order
|
Subtype |
Order on Motion for Rehearing
|
Description |
ORD-Denying Rehearing ~ ORDERED that the appellant's October 28, 2016 motion for rehearing is denied.
|
|
Docket Date |
2016-11-17
|
Type |
Misc. Events
|
Subtype |
West Publishing
|
Description |
West Publishing
|
|
Docket Date |
2016-11-14
|
Type |
Response
|
Subtype |
Response
|
Description |
Response ~ TO MOTION FOR REHEARING
|
On Behalf Of |
Travelers Home and Marine Insurance Company
|
|
Docket Date |
2016-10-28
|
Type |
Post-Disposition Motions
|
Subtype |
Motion for Rehearing
|
Description |
Motion For Rehearing
|
On Behalf Of |
BRITTANY LYNN STABE
|
|
Docket Date |
2016-10-20
|
Type |
Order
|
Subtype |
Order on Motion For Attorney's Fees
|
Description |
Order Granting Attorney Fees-Offer Judg. ~ ORDERED that the appellee's March 18, 2016 motion for attorneys' fees is granted conditioned on the trial court determining that appellee is entitled to fees under section 768.79, Florida Statutes (2016) and, if so, setting the amount of the attorneys' fees to be awarded for this appellate case. If a motion for rehearing is filed in this court, then services rendered in connection with the motion, including, but not limited to, preparation of a responsive pleading, shall be taken into account in computing the amount of the fee.
|
|
Docket Date |
2016-10-20
|
Type |
Disposition by Opinion
|
Subtype |
Affirmed
|
Description |
Affirmed - Per Curiam Affirmed
|
|
Docket Date |
2016-10-11
|
Type |
Misc. Events
|
Subtype |
Oral Argument Date Set
|
Description |
Oral Argument Date Set ~ 4DCA
|
|
Docket Date |
2016-07-26
|
Type |
Order
|
Subtype |
Order on Motion/Request for Oral Argument
|
Description |
ORD-Setting Oral Argument ~ This case is set for Oral Argument on October 11, 2016, at 10:00 A.M. for 10 minutes per side. The court calendars can be viewed on this court's website at HYPERLINK "http://www.4dca.org" www.4dca.org. Attorneys not registered with this court¿s eDCA and pro se parties are required to file a "Notice of Receipt of Oral Argument" within ten (10) days from the date of this order, acknowledging they have received this order.
|
|
Docket Date |
2016-07-06
|
Type |
Notice
|
Subtype |
Notice of Supplemental Authority
|
Description |
Notice of Supplemental Authority
|
On Behalf Of |
Travelers Home and Marine Insurance Company
|
|
Docket Date |
2016-06-20
|
Type |
Notice
|
Subtype |
Notice of Supplemental Authority
|
Description |
Notice of Supplemental Authority
|
On Behalf Of |
BRITTANY LYNN STABE
|
|
Docket Date |
2016-03-18
|
Type |
Motions Relating to Oral Argument
|
Subtype |
Motion/Request for Oral Argument
|
Description |
Request for Oral Argument
|
On Behalf Of |
BRITTANY LYNN STABE
|
|
Docket Date |
2016-03-18
|
Type |
Motions Relating to Attorney Fees/Costs
|
Subtype |
Motion For Attorney's Fees
|
Description |
Motion For Attorney's Fees
|
On Behalf Of |
BRITTANY LYNN STABE
|
|
Docket Date |
2016-03-18
|
Type |
Brief
|
Subtype |
Reply Brief
|
Description |
Appellant's Reply Brief
|
On Behalf Of |
BRITTANY LYNN STABE
|
|
Docket Date |
2016-02-22
|
Type |
Brief
|
Subtype |
Answer Brief
|
Description |
Appellee's Answer Brief
|
On Behalf Of |
Travelers Home and Marine Insurance Company
|
|
Docket Date |
2016-01-22
|
Type |
Notice
|
Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
Description |
Notice of Agreed Extension - Answer Brief ~ 25 DAYS TO 02/20/16
|
On Behalf Of |
Travelers Home and Marine Insurance Company
|
|
Docket Date |
2016-01-04
|
Type |
Record
|
Subtype |
Record on Appeal
|
Description |
Received Records ~ SIXTEEN (16) VOLUMES ****VOLS. 5 AND 7 IN CONFIDENTIAL FOLDER****
|
|
Docket Date |
2015-12-23
|
Type |
Misc. Events
|
Subtype |
Affidavit
|
Description |
Affidavit ~ FEE FOR ROA HAS NOT BEEN PAID
|
|
Docket Date |
2015-11-23
|
Type |
Notice
|
Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
Description |
Notice of Agreed Extension - Answer Brief ~ 50 DAYS TO 01/26/16
|
On Behalf Of |
Travelers Home and Marine Insurance Company
|
|
Docket Date |
2015-11-12
|
Type |
Brief
|
Subtype |
Initial Brief
|
Description |
Initial Brief on Merits
|
On Behalf Of |
BRITTANY LYNN STABE
|
|
Docket Date |
2015-09-10
|
Type |
Notice
|
Subtype |
Notice of Appearance
|
Description |
Notice of Appearance ~ AND STACY D. BLANK
|
On Behalf Of |
BRITTANY LYNN STABE
|
|
Docket Date |
2015-09-08
|
Type |
Letter
|
Subtype |
Acknowledgment Letter
|
Description |
Acknowledgment Letter
|
|
Docket Date |
2015-09-08
|
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. 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 |
2015-09-08
|
Type |
Notice
|
Subtype |
Notice of Appearance
|
Description |
Notice of Appearance
|
On Behalf Of |
Travelers Home and Marine Insurance Company
|
|
Docket Date |
2015-09-03
|
Type |
Misc. Events
|
Subtype |
Fee Status
|
Description |
A3:Paid In Full - $300
|
|
Docket Date |
2015-09-03
|
Type |
Notice
|
Subtype |
Notice of Appeal
|
Description |
Notice of Appeal Filed
|
On Behalf Of |
BRITTANY LYNN STABE
|
|
|
APPLE MEDICAL CENTER, LLC, etc., et al., VS TRAVELERS HOME AND MARINE INS. CO., et al.,
|
3D2013-1801
|
2013-07-15
|
Closed
|
|
Classification |
Original Proceedings - Circuit Civil - Certiorari
|
Court |
3rd District Court of Appeal
|
Originating Court |
Circuit Court for the Eleventh Judicial Circuit, Miami-Dade County
12-38188
|
Parties
Name |
APPLE MEDICAL CENTER, LLC
|
Role |
Appellant
|
Status |
Active
|
Representations |
MARK J. FELDMAN
|
|
Name |
WINDHAVEN INSURANCE COMPANY
|
Role |
Appellee
|
Status |
Active
|
|
Name |
UNITED AUTOMOBILE INSURANCE COMPANY
|
Role |
Appellee
|
Status |
Active
|
|
Name |
THE TRAVELERS HOME AND MARINE INSURANCE COMPANY
|
Role |
Appellee
|
Status |
Active
|
Representations |
Lara J. Edelstein, SEIPP, FLICK & HOSLEY LLP, WOOD & ASSOCIATES, P.A., ROIG, TUTAN, ROSENBERG, MARTIN & BELLIDO, P.A., LINDA KELLY KEARSON, WINDHAVEN MANAGERS, INC., Douglas H. Stein
|
|
Name |
STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY
|
Role |
Appellee
|
Status |
Active
|
|
Name |
Hon. Michaelle Gonzalez-Paulson
|
Role |
Judge/Judicial Officer
|
Status |
Active
|
|
Docket Entries
Docket Date |
2013-10-30
|
Type |
Disposition by Opinion
|
Subtype |
Denied
|
Description |
Denied - Order by Judge
|
|
Docket Date |
2013-11-19
|
Type |
Mandate
|
Subtype |
Disp. w/o Mandate
|
Description |
Disp w/o mandate
|
|
Docket Date |
2013-11-19
|
Type |
Misc. Events
|
Subtype |
West Publishing
|
Description |
West Publishing
|
|
Docket Date |
2013-10-30
|
Type |
Disposition by Order
|
Subtype |
Denied
|
Description |
Certiorari Denied (No Response) (DA30B) ~ Following review of the petition for writ of certiorari, it is ordered that said petition is hereby denied. Upon consideration of the motion for attorney¿s fees and costs filed by petitioners, it is ordered that said motion is hereby denied.
|
|
Docket Date |
2013-07-16
|
Type |
Motions Relating to Attorney Fees/Costs
|
Subtype |
Motion For Attorney's Fees
|
Description |
Motion For Attorney's Fees
|
On Behalf Of |
APPLE MEDICAL CENTER, LLC
|
|
Docket Date |
2013-07-15
|
Type |
Letter
|
Subtype |
Acknowledgment Letter
|
Description |
Acknowledgment Letter
|
|
Docket Date |
2013-07-15
|
Type |
Petition
|
Subtype |
Petition Certiorari
|
Description |
Petition for Certiorari Filed
|
On Behalf Of |
APPLE MEDICAL CENTER, LLC
|
|
Docket Date |
2013-07-15
|
Type |
Record
|
Subtype |
Appendix
|
Description |
Appendix ~ filed with petition
|
On Behalf Of |
APPLE MEDICAL CENTER, LLC
|
|
Docket Date |
2013-07-15
|
Type |
Misc. Events
|
Subtype |
Fee Status
|
Description |
A3:Paid In Full - $300
|
|
|