|
Kimberly Pearson, Appellant(s), v. Castle Key Insurance Company and Melvin Pearson, Appellee(s).
|
5D2024-0644
|
2024-03-12
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
5th District Court of Appeal
|
| Originating Court |
Circuit Court for the Fifth Judicial Circuit, Lake County
2019-CA-000382-A
|
Parties
| Name |
Kimberly Pearson
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
CASTLE KEY INSURANCE COMPANY
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Darryl Lee Gavin, David Bryan Shelton
|
|
| Name |
Melvin Pearson
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Hon. Dan R. Mosley
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Lake Co Circuit Ct Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2024-11-19
|
| Type |
Brief
|
| Subtype |
Amended Initial Brief
|
| Description |
Amended Initial Brief; per 11/15 order
|
| On Behalf Of |
Kimberly Pearson
|
| View |
View File
|
|
| Docket Date |
2024-11-15
|
| Type |
Order
|
| Subtype |
Order to File Response
|
| Description |
Order to File Response; AA W/IN 10 DYS RE: MOT TO DISMISS
|
| View |
View File
|
|
| Docket Date |
2024-11-14
|
| Type |
Record
|
| Subtype |
Appendix to Motion
|
| Description |
Appendix to Motion to Dismiss
|
| On Behalf Of |
Castle Key Insurance Company
|
|
| Docket Date |
2024-11-14
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Castle Key Insurance Company
|
|
| Docket Date |
2024-11-14
|
| Type |
Motions Other
|
| Subtype |
Motion To Dismiss
|
| Description |
Motion To Dismiss
|
| On Behalf Of |
Castle Key Insurance Company
|
|
| Docket Date |
2024-10-24
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
Order Striking Filing; AA W/IN 10 DYS FILE AMENDED IB; DOCUMENT TREATED AS IB; IB STRICKEN
|
| View |
View File
|
|
| Docket Date |
2024-10-21
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief
|
| On Behalf Of |
Kimberly Pearson
|
| View |
View File
|
|
| Docket Date |
2024-10-16
|
| Type |
Order
|
| Subtype |
Show Cause for Brief or Record on Appeal
|
| Description |
Show Cause for Initial Brief; AA W/IN 10 DYS
|
| View |
View File
|
|
| Docket Date |
2024-10-08
|
| Type |
Order
|
| Subtype |
Order Discharging Show Cause Order
|
| Description |
Order Discharging Show Cause Order
|
| View |
View File
|
|
| Docket Date |
2024-09-30
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response to 09/18 order
|
| On Behalf Of |
Kimberly Pearson
|
|
| Docket Date |
2024-09-18
|
| Type |
Order
|
| Subtype |
Show Cause for Brief or Record on Appeal
|
| Description |
Show Cause for Record on Appeal; AA W/IN 10 DYS
|
| View |
View File
|
|
| Docket Date |
2024-07-18
|
| Type |
Order
|
| Subtype |
Order on Motion for Reinstatement
|
| Description |
APPEAL REINSTATED. ALL FILING DEADLINES TO COMMENCE FROM DATE OF THIS ORDER
|
| View |
View File
|
|
| Docket Date |
2024-07-03
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion For Reinstatement
|
| Description |
Motion For Reinstatement - Filed Here 7/3/2024
|
| On Behalf Of |
Kimberly Pearson
|
|
| Docket Date |
2024-06-05
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion For Reinstatement
|
| Description |
Motion For Reinstatement
|
| On Behalf Of |
Kimberly Pearson
|
|
| Docket Date |
2024-05-31
|
| Type |
Mandate
|
| Subtype |
Disp. w/o Mandate
|
| Description |
Disp. w/o Mandate
|
|
| Docket Date |
2024-05-07
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Record on Appeal - 299 PAGES
|
|
| Docket Date |
2024-05-06
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
NO ACTION TAKEN ON LT ORDER INSOLVENCY ABSENT FILING OF MOT REINSTATE; APPEAL REMAINS CLOSED
|
| View |
View File
|
|
| Docket Date |
2024-04-30
|
| Type |
Miscellaneous Document
|
| Subtype |
Copy of Lower Tribunal Indigence Certificate(s)/Order(s)
|
| Description |
Lower Tribunal Indigence Certificate(s)/Order(s)
|
|
| Docket Date |
2024-04-11
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Miscellaneous Order ~ NOA DOCKETED AS AMENDED NOA; AMENDED NOA ACKNOWLEDGED; NO ACTION WILL BE TAKEN...
|
|
| Docket Date |
2024-04-09
|
| Type |
Notice
|
| Subtype |
Amended Notice of Appeal
|
| Description |
Amended Notice of Appeal
|
|
| Docket Date |
2024-04-08
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Clerk
|
|
| Docket Date |
2024-04-08
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
Dism. Filing Fee ~ NO RESPONSE TO THIS COURT'S 4/2 OTSC REQUIRED
|
|
| Docket Date |
2024-04-02
|
| Type |
Order
|
| Subtype |
Order to Show Cause
|
| Description |
Order - Show Cause for failure to file amended NOA ~ W/I 10 DAYS
|
|
| Docket Date |
2024-03-13
|
| Type |
Order
|
| Subtype |
Amended/Additional Filing(s) Needed
|
| Description |
ORD-AA to File Amended NOA ~ AA W/IN 10 DYS
|
|
| Docket Date |
2024-03-12
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
DM:No Fee - Case Dismissed
|
|
| Docket Date |
2024-03-12
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed ~ FILED BELOW 02/12/2024
|
| On Behalf Of |
Kimberly Pearson
|
|
| Docket Date |
2024-03-12
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
Order to pay filing fee - Civil appeal (300)
|
|
| Docket Date |
2024-03-12
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgement Letter 1
|
|
| Docket Date |
2025-01-07
|
| Type |
Mandate
|
| Subtype |
Disp. w/o Mandate
|
| Description |
Disp. w/o Mandate
|
|
| Docket Date |
2024-12-18
|
| Type |
Order
|
| Subtype |
Order on Motion To Dismiss
|
| Description |
APPEAL DISMISSED
|
| View |
View File
|
|
| Docket Date |
2024-06-13
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
Order Striking Filing; AA LTR TREATED AS MOT REINSTATE; MOT STRICKEN; APPEAL CLOSED WITH FINALITY 5/31/24; ABSENT FILING A PROPER MOT REINSTATE APPEAL REMAINS CLOSED
|
| View |
View File
|
|
|
|
Joseph Silvia, Appellant(s) v. Castle Key Insurance Company, Appellee(s).
|
1D2021-3889
|
2021-12-21
|
Closed
|
|
| Classification |
NOA Non Final - Circuit Civil - Other
|
| Court |
1st District Court of Appeal
|
| Originating Court |
Circuit Court for the Fourteenth Judicial Circuit, Washington County
2020-CA-95
|
Parties
| Name |
Joseph Silvia
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
J. Phillip Warren, Stephanie A. Taylor
|
|
| Name |
CASTLE KEY INSURANCE COMPANY
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Jerry D. Sanders
|
|
| Name |
Hon. Timothy Register
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Hon. Lora C. Bell
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2023-06-14
|
| Type |
Disposition by Opinion
|
| Subtype |
Reversed
|
| Description |
Reversed
362 So. 3d 324
|
| View |
View File
|
|
| Docket Date |
2022-06-07
|
| Type |
Misc. Events
|
| Subtype |
Oral Argument Date Set
|
| Description |
Oral Argument Date Set ~ 1DCA
|
|
| Docket Date |
2022-05-06
|
| Type |
Notice
|
| Subtype |
Notice of Oral Argument
|
| Description |
OA Granted-Tallahassee ~ CORRECTED
|
|
| Docket Date |
2022-04-27
|
| Type |
Notice
|
| Subtype |
Notice of Oral Argument
|
| Description |
OA Granted-Tallahassee
|
|
| Docket Date |
2022-03-21
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant's Reply Brief
|
| On Behalf Of |
Joseph Silvia
|
|
| Docket Date |
2023-07-03
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2023-07-03
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
| View |
View File
|
|
| Docket Date |
2023-06-14
|
| Type |
Order
|
| Subtype |
Order on Motion For Attorney's Fees
|
| Description |
Order on Motion For Attorney's Fees
|
| View |
View File
|
|
| Docket Date |
2022-03-14
|
| Type |
Order
|
| Subtype |
Order to Register/Update eDCA
|
| Description |
Acknowledgment of Service List ~ The notice filed by counsel for the Appellee on March 11, 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.
|
|
| Docket Date |
2022-03-11
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance ~ AND NOTICE OF COMPLIANCE WITH RULE 2.516(B)(1)(A)
|
| On Behalf Of |
Castle Key Insurance Company
|
|
| Docket Date |
2022-03-11
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief
|
| On Behalf Of |
Castle Key Insurance Company
|
|
| Docket Date |
2022-02-24
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
|
| On Behalf Of |
Joseph Silvia
|
|
| Docket Date |
2022-02-18
|
| Type |
Order
|
| Subtype |
Order on Motion For Leave To File Amended Brief
|
| Description |
Grant Motion File Amended Initial Brief ~ Appellant's motion docketed February 17, 2022, to substitute the amended initial brief docketed February 17, 2022, for the initial brief docketed February 15, 2022, is granted.
|
|
| Docket Date |
2022-02-17
|
| Type |
Motions Relating to Briefs
|
| Subtype |
Motion to Amend Brief
|
| Description |
Motion For Leave To File Amended Brief
|
| On Behalf Of |
Joseph Silvia
|
|
| Docket Date |
2022-02-17
|
| Type |
Brief
|
| Subtype |
Amended Initial Brief
|
| Description |
Amended Initial Brief
|
| On Behalf Of |
Joseph Silvia
|
|
| Docket Date |
2022-02-17
|
| Type |
Order
|
| Subtype |
Order Discharging Show Cause Order
|
| Description |
NNCA - Discharge Show Cause ~ Upon review of the recently filed amended appendix by the Appellant in this case, the amended appendix is accepted and the Court sua sponte discharges its order of February 15, 2022, requiring the filing of an amended appendix.
|
|
| Docket Date |
2022-02-17
|
| Type |
Record
|
| Subtype |
Supplemental Appendix
|
| Description |
Supplemental/Amended Appendix ~ AMENDED APPENDIX TO INITIAL BRIEF
|
| On Behalf Of |
Joseph Silvia
|
|
| Docket Date |
2022-02-15
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
Order Striking Record in Non Final Case ~ The record on appeal docketed February 9, 2022, is hereby stricken. Pursuant to Florida Appellate Rule 9.130(d) “a record shall not be transmitted to the court unless ordered.”
|
|
| Docket Date |
2022-02-15
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix
|
| On Behalf Of |
Joseph Silvia
|
|
| Docket Date |
2022-02-15
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
Joseph Silvia
|
|
| Docket Date |
2022-02-15
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion/Request for Oral Argument
|
| Description |
Motion For Oral Argument
|
| On Behalf Of |
Joseph Silvia
|
|
| Docket Date |
2022-02-09
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ 144 pages - Non-Final
|
| On Behalf Of |
Hon. Lora C. Bell
|
|
| Docket Date |
2022-01-03
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ IB 45 days 2/18/22
|
|
| Docket Date |
2022-01-03
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Notice of Agreed Extension of Time ~ 45 days- IB
|
| On Behalf Of |
Joseph Silvia
|
|
| Docket Date |
2021-12-30
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
Appeal-Pay Fee/Submit LT Ord of Insolv ($300) ~ Appellant has filed a notice of appeal in the lower tribunal without the entry of an order of insolvency or deposit of the statutory filing fee. Accordingly, Appellant shall, within 30 days from the date of this order, either file a certified copy of the lower tribunal's order of insolvency for appellate purposes as required by Florida Rule of Appellate Procedure 9.430 or pay to the clerk of this Court the sum of $300.00 as the appellate filing fee required by the applicable rule of procedure and Section 35.22(2)(a), Florida Statutes (2018). If Appellant seeks a waiver of the filing fee on the grounds of indigency, Appellant shall file a motion and affidavit of indigency with the clerk of the lower tribunal (the court, agency, officer, board, commission, or body whose order is to be reviewed) for a determination by the lower tribunal of whether an order of insolvency should be issued pursuant to Rule 9.430 and Section 57.081(1) or 57.085(2), Florida Statutes (2018), as applicable.This appeal shall not proceed until the order of insolvency is filed or the fee is paid. Failure to comply with this order will result in the dismissal of this case without further opportunity to be heard. Florida Rule of Appellate Procedure 9.410.
|
|
| Docket Date |
2021-12-30
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
CASE FILING FEE PAID THROUGH PORTAL
|
| On Behalf Of |
Joseph Silvia
|
|
| Docket Date |
2021-12-27
|
| Type |
Misc. Events
|
| Subtype |
Docketing Statement
|
| Description |
Docketing Statement
|
| On Behalf Of |
Joseph Silvia
|
|
| Docket Date |
2021-12-22
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Notice of Appeal / Acknowledgement letter ~ Notice of Appeal from the lower tribunal reflecting a filing date of December 21, 2021.
|
|
| Docket Date |
2021-12-21
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2021-12-21
|
| Type |
Notice
|
| Subtype |
Notice of Appeal Transmittal Form
|
| Description |
Notice of Appeal Transmittal Form
|
| On Behalf Of |
Hon. Lora C. Bell
|
|
|
|
ALEX FINCH D/ B/ A FINCH LAW FIRM AND FROMANG & FINCH, P. A. VS WEBB ROOFING & CONSTRUCTION, L L C. A/ A/ O CHRISTOPHER & MARIE BRAY, AND CASTLE KEY ISURANCE COMPANY, ET AL.,
|
2D2021-2435
|
2021-08-09
|
Closed
|
|
| Classification |
Original Proceedings - Circuit Civil - Prohibition
|
| Court |
2nd District Court of Appeal
|
| Originating Court |
Circuit Court for the Twentieth Judicial Circuit, Collier County
19-CA-2632
|
Parties
| Name |
FINCH LAW FIRM
|
| Role |
Petitioner
|
| Status |
Active
|
|
| Name |
ALEX FINCH
|
| Role |
Petitioner
|
| Status |
Active
|
| Representations |
ALEX FINCH, ESQ.
|
|
| Name |
FROMANG & FINCH, P.A.
|
| Role |
Petitioner
|
| Status |
Active
|
|
| Name |
CASTLE KEY INSURANCE COMPANY
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
WEBB ROOFING & CONSTRUCTION, L L C
|
| Role |
Respondent
|
| Status |
Active
|
| Representations |
JOSE M. CANAURA, ESQ., MICHAELA N. KIRN, ESQ.
|
|
| Name |
CHRISTOPHER BRAY
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
CASTLE KEY INDEMNITY COMPANY
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
MARIE BRAY
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
HONORABLE ELIZABETH V. KRIER
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
COLLIER CLERK
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2022-01-18
|
| Type |
Misc. Events
|
| Subtype |
Case Closed
|
| Description |
Case Closed
|
|
| Docket Date |
2021-12-20
|
| Type |
Disposition
|
| Subtype |
Denied
|
| Description |
Denied - Order by Judge ~ NORTHCUTT, KELLY, and BLACK
|
|
| Docket Date |
2021-12-20
|
| Type |
Disposition by Order
|
| Subtype |
Denied
|
| Description |
denial of prohibition ~ The petition for writ of certiorari, prohibition, and mandamus is denied. The stayof any proceedings related to petitioners’ enforcement of their charging lien in theunderlying matter imposed by this court’s August 12, 2021, order is hereby lifted.
|
|
| Docket Date |
2021-08-12
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
MISCELLANEOUS ORDER ~ Petitioners filed a petition for writ of certiorari/prohibition/mandamus after the Honorable Elizabeth V. Krier entered an order denying petitioners' motion to disqualify and seek a writ prohibiting Judge Krier from presiding further in the underlying matter. This court sua sponte stays this writ proceeding pending disposition of the related writ proceeding in Finch v. Massey Construction Group, Inc., No. 2D21-2413, in which petitioners raise the same arguments for Judge Krier's recusal and seek the same relief. This order shall not constitute a stay of the proceedings in the underlying matter, except that any proceedings related to petitioners’ enforcement of their charging lien are stayed. Petitioners shall file a status report, referencing the present order, upon the receipt of an opinion disposing of case 2D21-2413 or within 90 days of the date of the present order, whichever occurs earlier.
|
|
| Docket Date |
2021-08-10
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
ORIGINAL APPENDIX OR ATTACHMENT ~ PETITIONERS' APPENDIX TO PETITION FORWRIT OF CERTIORARI, PROHIBITION AND MANDAMUS
|
| On Behalf Of |
ALEX FINCH
|
|
| Docket Date |
2021-08-09
|
| Type |
Petition
|
| Subtype |
Petition
|
| Description |
Petition Filed
|
| On Behalf Of |
ALEX FINCH
|
|
| Docket Date |
2021-08-09
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter 1
|
|
| Docket Date |
2021-08-09
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
|
|
CASTLE KEY INSURANCE COMPANY, VS ANDRE DE KOSKO AND MARIETTA DE KOSKO,
|
3D2020-1382
|
2020-09-28
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
3rd District Court of Appeal
|
| Originating Court |
Circuit Court for the Eleventh Judicial Circuit, Miami-Dade County
15-25520
|
Parties
| Name |
ANDRE DE KOSKO
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
DANIEL L. MONFISTON
|
|
| Name |
MARIETTA DE KOSKO
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Hon. Mavel Ruiz
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Miami-Dade Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
| Name |
CASTLE KEY INSURANCE COMPANY
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
BRIAN CHARLTON HUNTER, Elizabeth K. Russo
|
|
Docket Entries
| Docket Date |
2021-04-19
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2021-03-26
|
| Type |
Order
|
| Subtype |
Order on Motion for Reconsideration/Rehearing of an Order
|
| Description |
Rehearing denied (OD57) ~ Upon consideration, Appellant’s Motion for Rehearing is hereby denied. EMAS, C.J., and SCALES and HENDON, JJ., concur.
|
|
| Docket Date |
2021-02-02
|
| Type |
Order
|
| Subtype |
Order on Motion to Accept Brief as Timely
|
| Description |
Accept answer brief as timely filed (OG66A) ~ Appellees’ Motion for Enlargement of Permissible Page Count is granted. Appellees’ “Motion for Acceptance of Currently Filed Answer Brief” is granted, and the Answer Brief filed on January 28, 2021, is accepted by the Court.
|
|
| Docket Date |
2020-10-01
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
MISCELLANEOUS ORDER (OR999) ~ CORRECTED ORDERThis Court, sua sponte, consolidates case no. 3D20-1382 into case no. 3D18-418. The case will proceed under the lower case number. Within forty-five (45) days from the date of this Order, Appellant may file a supplemental initial brief not to exceed twenty (20) pages, along with an appendix containing any record supplements not contained in the record that is a part of case no. 3D18-418. Within twenty (20) days thereafter, Appellees may file their supplemental answer brief, not to exceed twenty (20) pages, along with any appendix material.Appellant may then, within fifteen (15) days thereafter, file its supplemental reply brief, not to exceed five (5) pages.EMAS, C.J., and SCALES and HENDON, JJ., concur.
|
|
| Docket Date |
2021-04-19
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2021-03-22
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ APPELLEES' RESPONSE TO APPELLANT'S MOTION FOR REHEARING
|
| On Behalf Of |
ANDRE DE KOSKO
|
|
| Docket Date |
2021-03-18
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion for Rehearing
|
| Description |
Motion For Rehearing
|
| On Behalf Of |
CASTLE KEY INSURANCE COMPANY
|
|
| Docket Date |
2021-03-03
|
| Type |
Motions Other
|
| Subtype |
Motion To Dismiss
|
| Description |
Motion to Dismiss Denied (OD32) ~ Appellees’ Motion to Dismiss Appeal is hereby denied as moot.
|
|
| Docket Date |
2021-03-03
|
| Type |
Order
|
| Subtype |
Order on Motion For Attorney's Fees
|
| Description |
Attorney Fees Granted (OG47) ~ Upon consideration of Appellees’ Motion for Attorneys Fees and Appellees’ Supplemental Motion for Attorneys Fees, it is ordered that said Motions are granted, and the matter is remanded to the trial court to fix the amount.
|
|
| Docket Date |
2021-03-03
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed - Per Curiam Affirmed
|
|
| Docket Date |
2021-02-12
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ APPELLANT'S RESPONSE TO APPELLEES'SUPPLEMENTAL MOTION FOR ATTORNEY'S FEES
|
| On Behalf Of |
CASTLE KEY INSURANCE COMPANY
|
|
| Docket Date |
2021-02-02
|
| Type |
Brief
|
| Subtype |
Supplemental Reply Brief
|
| Description |
Supplemental Appellant's Reply Brief
|
| On Behalf Of |
CASTLE KEY INSURANCE COMPANY
|
|
| Docket Date |
2021-01-29
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees ~ APPELLEES' SUPPLEMENTAL MOTION FOR ATTORNEYS FEES
|
| On Behalf Of |
ANDRE DE KOSKO
|
|
| Docket Date |
2021-01-28
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
Miscellaneous Motion ~ APPELLEES' MOTION FOR ACCEPTANCE OF CURRENTLY FILEDANSWER BRIEF
|
| On Behalf Of |
ANDRE DE KOSKO
|
|
| Docket Date |
2021-01-28
|
| Type |
Brief
|
| Subtype |
Supplemental Answer Brief
|
| Description |
Supplemental Appellee's Answer Brief
|
| On Behalf Of |
ANDRE DE KOSKO
|
|
| Docket Date |
2021-01-12
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
Miscellaneous Motion ~ MOTION FOR ENLARGEMENT OF PERMISSIBLE PAGE COUNT
|
| On Behalf Of |
ANDRE DE KOSKO
|
|
| Docket Date |
2021-01-05
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Misc. Extension Granted (OG02) ~ Appellees' Motion for Extension of Time to file a supplemental answer brief and appendix is granted to and including twenty (20) days from the date of this Order.
|
|
| Docket Date |
2020-12-31
|
| 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 |
ANDRE DE KOSKO
|
|
| Docket Date |
2020-12-01
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Misc. Extension Granted (OG02) ~ Appellee's Motion for Extension of Time to file a supplemental answer brief is granted to and including thirty (30) days from the date of this Order.
|
|
| Docket Date |
2020-11-25
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time
|
| Description |
Motion for Extension of Time ~ TO FILE SUPPLEMENTAL ANSWER BRIEF
|
| On Behalf Of |
ANDRE DE KOSKO
|
|
| Docket Date |
2020-11-11
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix
|
| On Behalf Of |
CASTLE KEY INSURANCE COMPANY
|
|
| Docket Date |
2020-11-11
|
| Type |
Brief
|
| Subtype |
Supplemental Initial Brief
|
| Description |
Supplemental Appellant's Initial Brief
|
| On Behalf Of |
CASTLE KEY INSURANCE COMPANY
|
|
| Docket Date |
2020-09-30
|
| Type |
Motions Other
|
| Subtype |
Motion To Consolidate
|
| Description |
Motion To Consolidate ~ MOTION FOR CONSOLIDATION OF ATTORNEY'S FEESAND COST JUDGMENT APPEAL WITH MAIN APPEAL
|
| On Behalf Of |
CASTLE KEY INSURANCE COMPANY
|
|
| Docket Date |
2020-09-29
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid Through Portal
|
| On Behalf Of |
CASTLE KEY INSURANCE COMPANY
|
|
| Docket Date |
2020-09-29
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
Order to pay filing fee-civil w/atty (OR14B) ~ This is to notify counsel for Appellant that the filing and prosecution of a notice of appeal in this Court is not acceptable without compliance with the Florida Rules of Appellate Procedure. Therefore, this appeal will be dismissed unless the required three hundred dollar ($300.00) fee is paid to the Clerk of the Court on or before October 9, 2020.
|
|
| Docket Date |
2020-09-29
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter ~ Acknowledgment of new case with attachments. The $300 filing fee for an appeal is due.
|
|
| Docket Date |
2020-09-28
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2020-09-28
|
| Type |
Notice
|
| Subtype |
Notice of Appeal Transmittal Form
|
| Description |
Notice of Transmittal--NOA
|
| On Behalf Of |
ANDRE DE KOSKO
|
|
|
|
JOSE A. ROSALES VS CASTLE KEY INSURANCE COMPANY
|
4D2019-3134
|
2019-10-08
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County
502016CA012655
|
Parties
| Name |
JOSE A. ROSALES
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Erin M. Berger, Melissa Ann Giasi
|
|
| Name |
CASTLE KEY INSURANCE COMPANY
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Alicia Perez, Evan A. Zuckerman, David B. Shelton, Hunter Patterson
|
|
| Name |
Hon. Cymonie Rowe
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Palm Beach
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2020-12-23
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2020-12-23
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2020-12-03
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed - Per Curiam Affirmed
|
|
| Docket Date |
2020-12-03
|
| Type |
Order
|
| Subtype |
Order on Motion For Attorney's Fees
|
| Description |
Deny Attorney's Fees ~ ORDERED that appellant’s June 15, 2020 motion for appellate attorney's fees is denied.
|
|
| Docket Date |
2020-09-03
|
| Type |
Order
|
| Subtype |
Order Dispensing with Oral Argument
|
| Description |
ORD-Dispensing Oral Argument ~ After reviewing the briefs, the court, pursuant to Florida Rule of Appellate Procedure 9.320, has dispensed with oral argument. The case will be submitted to a conference by a panel of the court.
|
|
| Docket Date |
2020-06-15
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion/Request for Oral Argument
|
| Description |
Request for Oral Argument
|
| On Behalf Of |
JOSE A. ROSALES
|
|
| Docket Date |
2020-06-15
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
|
| On Behalf Of |
JOSE A. ROSALES
|
|
| Docket Date |
2020-05-29
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 15 DAYS TO 06/13/2020
|
|
| Docket Date |
2020-05-29
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Reply Brief
|
| Description |
Notice of Agreed Extension - Reply Brief
|
| On Behalf Of |
JOSE A. ROSALES
|
|
| Docket Date |
2020-04-29
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
|
| On Behalf Of |
CASTLE KEY INSURANCE COMPANY
|
|
| Docket Date |
2020-04-29
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief
|
| On Behalf Of |
CASTLE KEY INSURANCE COMPANY
|
|
| Docket Date |
2020-03-30
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
JOSE A. ROSALES
|
|
| Docket Date |
2020-03-30
|
| Type |
Motions Relating to Briefs
|
| Subtype |
Motion to Amend Brief
|
| Description |
Motion For Leave To File Amended Brief
|
| On Behalf Of |
JOSE A. ROSALES
|
|
| Docket Date |
2020-03-30
|
| Type |
Order
|
| Subtype |
Order on Motion For Leave To File Amended Brief
|
| Description |
Grant Motion Serve Amended Brief ~ ORDERED that appellant’s March 30, 2020 motion to serve an amended initial brief is granted, and the amended initial brief is deemed properly filed as of the date of this order.
|
|
| Docket Date |
2020-03-17
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
ORD-Initial Brief to be Served ~ ORDERED that appellant’s March 16, 2020 motion for extension of time is granted in part, and appellant shall serve the initial brief within ten (10) days from the date of this order. In addition, if the initial brief is not served within the time provided for in this order, the above-styled case will be subject to dismissal or the court in its discretion may impose other sanctions. Appellant is advised that no further extensions will be granted absent a detailed explanation for why the initial brief has not yet been filed and a showing of extraordinary circumstances where, if a further extension is not granted, irreparable and material harm will result to the litigant.
|
|
| Docket Date |
2020-03-16
|
| 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 |
JOSE A. ROSALES
|
|
| Docket Date |
2020-02-14
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
| Description |
Notice of Agreed Extension - Initial Brief
|
| On Behalf Of |
JOSE A. ROSALES
|
|
| Docket Date |
2020-02-14
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 30 DAYS TO 03/16/2020
|
|
| Docket Date |
2019-12-16
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 60 DAYS TO 2/14/20
|
|
| Docket Date |
2019-12-16
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
| Description |
Notice of Agreed Extension - Initial Brief
|
| On Behalf Of |
JOSE A. ROSALES
|
|
| Docket Date |
2019-12-09
|
| Type |
Record
|
| Subtype |
Transcript
|
| Description |
Transcript Received ~ 880 PAGES
|
| On Behalf Of |
Clerk - Palm Beach
|
|
| Docket Date |
2019-10-23
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid Through Portal
|
| On Behalf Of |
JOSE A. ROSALES
|
|
| Docket Date |
2019-10-18
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
CASTLE KEY INSURANCE COMPANY
|
|
| Docket Date |
2019-10-11
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2019-10-11
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
ORD-Pay Filing Fee-Civil Appeal ~ The jurisdiction of this court was invoked by filing of a Notice of Appeal in the lower tribunal. The $300.00 filing fee, or a circuit court clerk's determination of indigent status, did not accompany the Notice of Appeal as required in Florida Rules of Appellate Procedure 9.110(b) and 9.140(a). The filing fee is due and payable at the time of filing REGARDLESS OF WHETHER THE APPEAL IS LATER DISMISSED VOLUNTARILY OR ADVERSELY.ORDERED that appellant shall pay the $300.00 filing fee or file the circuit court clerk's determination of indigent status in this court within ten (10) days from the date of this order. The fee may be paid electronically through the Florida Courts E-Filing Portal – see the court’s website for details. Failure to comply within the time prescribed will result in dismissal of this cause and may result in the court sanctioning of any party, or the party's attorney, who has not paid the filing fee. The attorney filing the Notice of Appeal has a duty to tender the filing fee to the appellate court when the appeal is initiated. See In Re Payment of Filing Fees, 744 So. 2d 1025 (Fla. 4th DCA 1997). Failure of the attorney to pay will result in referral to the Department of Financial Services for collection.**NOTE: This order does not toll the time for filing any pleadings necessary to prosecute this appeal and no extensions of time will be entertained. Once the fee is paid, it is not refundable. Except for dismissal, this court will take no action in this appeal until the filing fee is paid or until a circuit court clerk's determination of indigent status is filed.
|
|
| Docket Date |
2019-10-08
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
JOSE A. ROSALES
|
|
| Docket Date |
2019-10-08
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
|
|
RAIMUNDO BENITEZ, ET AL. VS CASTLE KEY INSURANCE COMPANY
|
SC2013-2306
|
2013-11-26
|
Closed
|
|
| Classification |
Discretionary Review - Notice to Invoke - Direct Conflict of Decisions
|
| Court |
Supreme Court of Florida
|
| Originating Court |
Circuit Court for the Eleventh Judicial Circuit, Miami-Dade County
12-40777
Circuit Court for the Eleventh Judicial Circuit, Miami-Dade County
3D13-1758
|
Parties
| Name |
RAIMUNDO BENITEZ
|
| Role |
Petitioner
|
| Status |
Active
|
| Representations |
WILLIAM CHAD BROWN, M. KATHERINE HEISERMAN
|
|
| Name |
EUGENIA BENITEZ
|
| Role |
Petitioner
|
| Status |
Active
|
|
| Name |
CASTLE KEY INSURANCE COMPANY
|
| Role |
Respondent
|
| Status |
Active
|
| Representations |
Michael J. Dono, Mr. Miranda Lundeen Soto
|
|
| Name |
HON. BETH FRANCINE BLOOM, JUDGE
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Hon. Mary Cay Blanks
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
| Name |
Hon. Harvey Ruvin
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2013-12-02
|
| Type |
Brief
|
| Subtype |
Appendix-Juris
|
| Description |
APPENDIX-JURIS BRIEF ~ TO JURIS INITIAL BRIEF
|
| On Behalf Of |
RAIMUNDO BENITEZ
|
|
| Docket Date |
2014-07-07
|
| Type |
Disposition
|
| Subtype |
Rev DY Lack Juris
|
| Description |
DISP-REV DY LACK JURIS ~ This cause having heretofore been submitted to the Court on jurisdictional briefs and portions of the record deemed necessary to reflect jurisdiction under Article V, Section 3(b), Florida Constitution, and the Court having determined that it should decline to accept jurisdiction, it is ordered that the petition for review is denied.No motion for rehearing will be entertained by the Court. See Fla. R. App. P. 9.330(d)(2).
|
|
| Docket Date |
2014-01-10
|
| Type |
Brief
|
| Subtype |
Juris Answer
|
| Description |
JURIS ANSWER BRIEF
|
| On Behalf Of |
CASTLE KEY INSURANCE COMPANY
|
|
| Docket Date |
2013-12-31
|
| Type |
Order
|
| Subtype |
Extension of Time (Juris Brief)
|
| Description |
ORDER-EXT OF TIME GR (JURIS BRIEF-RESPONDENT)
|
|
| Docket Date |
2013-12-18
|
| Type |
Motion
|
| Subtype |
Ext of Time (Response/Reply)
|
| Description |
MOTION-EXT OF TIME (RESPONSE)
|
| On Behalf Of |
CASTLE KEY INSURANCE COMPANY
|
|
| Docket Date |
2013-12-09
|
| Type |
Event
|
| Subtype |
Fee Paid in Full
|
| Description |
Fee Paid in Full
|
|
| Docket Date |
2013-12-09
|
| Type |
Letter-Case
|
| Subtype |
Acknowledgment Letter-New Case
|
| Description |
ACKNOWLEDGMENT LETTER-NEW CASE
|
|
| Docket Date |
2013-11-26
|
| Type |
Notice
|
| Subtype |
Invoke Discretionary Jurisdiction
|
| Description |
NOTICE-DISCRETIONARY JURIS (DIRECT CONFLICT)
|
| On Behalf Of |
RAIMUNDO BENITEZ
|
|
| Docket Date |
2013-11-26
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
|
