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MSP Recovery Claims, Series LLC, et al., Appellant(s), v. Zurich American Insurance Company, et al., Appellee(s).
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3D2024-1614
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2024-09-12
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Open
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|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
3rd District Court of Appeal
|
| Originating Court |
Circuit Court for the Eleventh Judicial Circuit, Miami-Dade County
23-17055-CA-01
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Parties
| Name |
MSP RECOVERY CLAIMS, SERIES LLC
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Ryan Hy Susman, J. Alfredo Armas
|
|
| Name |
MSPA CLAIMS 1, LLC
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Ryan Hy Susman
|
|
| Name |
ZURICH AMERICAN INSURANCE COMPANY
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Kendall B Coffey, Scott Andrew Hiaasen
|
|
| Name |
AMERICAN ZURICH INSURANCE COMPANY
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Kendall B Coffey, Scott Andrew Hiaasen
|
|
| Name |
ZURICH AMERICAN INSURANCE COMPANY OF ILLINOIS
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Kendall B Coffey, Scott Andrew Hiaasen
|
|
| Name |
Hon. Lisa S. Walsh
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Miami-Dade Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2024-10-30
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Notice of Agreed Extension of Time to file IB-71 days to 01/07/2025
|
| On Behalf Of |
MSPA Claims 1, LLC
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| View |
View File
|
|
| Docket Date |
2024-10-28
|
| Type |
Order
|
| Subtype |
Order on Motion to Amend (other than brief)
|
| Description |
Appellants' Motion to Amend the Notice of Appeal and Status Report After Relinquishment of Jurisdiction filed on October 24, 2024, is granted, and the Amended Notice of Appeal filed on October 24, 2024, is accepted by the Court.
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| View |
View File
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|
| Docket Date |
2024-10-24
|
| Type |
Notice
|
| Subtype |
Amended Notice of Appeal
|
| Description |
Amended Notice of Appeal
|
| On Behalf Of |
MSP Recovery Claims, Series LLC
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| View |
View File
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|
| Docket Date |
2024-10-24
|
| Type |
Record
|
| Subtype |
Supplemental Record
|
| Description |
Supplemental Record on Appeal
|
| On Behalf Of |
MSP Recovery Claims, Series LLC
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| View |
View File
|
|
| Docket Date |
2024-10-24
|
| Type |
Motions Other
|
| Subtype |
Motion to Amend (other than brief)
|
| Description |
Appellants' Motion to Amend the Notice of Appeal and Status Report after Relinquish of Jurisdiction
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| On Behalf Of |
MSP Recovery Claims, Series LLC
|
| View |
View File
|
|
| Docket Date |
2024-10-24
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| Type |
Order
|
| Subtype |
Order on Motion to Supplement Record
|
| Description |
Appellants' Notice of Stipulation to Correct the Record on Appeal is treated as a motion to supplement the record on appeal, and the motion is granted. Appellants are directed to supplement the record with the document as stated in the Motion.
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| View |
View File
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| Docket Date |
2024-10-23
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| Type |
Notice
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| Subtype |
Notice
|
| Description |
Notice of Stipulation to Correct the Record on Appeal
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| On Behalf Of |
MSP Recovery Claims, Series LLC
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| View |
View File
|
|
| Docket Date |
2024-10-23
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| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Record on Appeal
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| On Behalf Of |
Miami-Dade Clerk
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| View |
View File
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|
| Docket Date |
2024-10-22
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| Type |
Notice
|
| Subtype |
Notice of Filing
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| Description |
Appellant's Notice of Filing District Court's Order of Dismissal
|
| On Behalf Of |
MSP Recovery Claims, Series LLC
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| View |
View File
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| Docket Date |
2024-10-16
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| Type |
Order
|
| Subtype |
Order on Motion to Relinquish Jurisdiction
|
| Description |
Following review of Appellants' Response to the Order to Show
Cause Dated October 11, 2024, and Motion for the Court to Relinquish
Jurisdiction to Allow the Lower court to Enter a Final Appealable Order, the
Motion to Relinquish Jurisdiction is granted. Jurisdiction of this cause is
temporarily relinquished to the trial court for a period of fifteen (15) days from
the date of this Order for the purpose(s) stated in the Motion. Appellant shall
provide a status report to this Court within fifteen (15) days from the date of
this Order.
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| View |
View File
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|
| Docket Date |
2024-10-14
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| Type |
Response
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| Subtype |
Response
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| Description |
Appellant's Response to Order to Show Cause dated October 1, 2024, and Motion for the Court to Relinquish Jurisdiction to Allow the Lower Court to Enter a Final Appealable Order
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| On Behalf Of |
MSP Recovery Claims, Series LLC
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| View |
View File
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| Docket Date |
2024-10-01
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| Type |
Order
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| Subtype |
Order to Show Cause
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| Description |
Appellant shall show cause within ten (10) days from the date of
this Order as to why the appeal should not be dismissed as one taken from
a non-final, non-appealable order. See GMI, LLC v. Asociacion del Futbol
Argentino, 174 So. 3d 500, 501 (Fla 3d DCA 2015) ("the order under appeal
merely grants a motion; it does not contain language that dismisses the case.
Accordingly, it is not a final order, and the notice of appeal is premature).
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| View |
View File
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| Docket Date |
2024-09-18
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| Type |
Notice
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| Subtype |
Notice of Filing
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| Description |
Notice of Filing-Certificate of service.
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| On Behalf Of |
MSP Recovery Claims, Series LLC
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| View |
View File
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|
| Docket Date |
2024-09-13
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| Type |
Event
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| Subtype |
Fee Satisfied
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| Description |
Fee Satisfied
|
|
| Docket Date |
2024-09-13
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| Type |
Miscellaneous Document
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| Subtype |
Pay Case Filing Fee-300
|
| Description |
Case Filing Fee $300 paid through the portal. Batch # 12484622
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| On Behalf Of |
MSP Recovery Claims, Series LLC
|
| View |
View File
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|
| Docket Date |
2024-09-13
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| Type |
Notice
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| Subtype |
Notice of Appeal
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| Description |
Notice of Appeal for 3D2024-1614. Certified.
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| On Behalf Of |
MSP Recovery Claims, Series LLC
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| View |
View File
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|
| Docket Date |
2024-09-12
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| Type |
Letter
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| Subtype |
Acknowledgment Letter
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| Description |
Acknowledgment Letter
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| View |
View File
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|
| Docket Date |
2024-09-12
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| Type |
Notice
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| Subtype |
Notice of Appeal
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| Description |
Notice of Appeal Not certified. Incomplete certificate of service. Related case; 24-1613
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| On Behalf Of |
MSP Recovery Claims, Series LLC
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| View |
View File
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| Docket Date |
2024-10-23
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| Type |
Order
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| Subtype |
Order
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| Description |
Appellants' Notice of Filing of District Court's Order filed on October 22, 2024, is noted.
Appellants' Notice of Filing of District Court's Order of Dismissal filed on October 22, 2024. Appellants shall file an amended notice of appeal attaching the final dismissal order within ten (10) days from the date of this Order.
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| View |
View File
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| Docket Date |
2024-09-26
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| Type |
Notice
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| Subtype |
Notice of Filing
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| Description |
Appellant's Notice of Filing of Transcripts in Lieu of A Designation to Court Reporter
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| On Behalf Of |
MSP Recovery Claims, Series LLC
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| View |
View File
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| Docket Date |
2024-09-12
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| Type |
Order
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| Subtype |
Order on Filing Fee
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| Description |
This is to notify counsel for appellants 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 September 22, 2024.
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| View |
View File
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CLEVELAND CONSTRUCTION, INC. and FEDERAL INSURANCE COMPANY, Appellant(s) v. JAMES A. CUMMINGS, INC., et al., Appellee(s).
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4D2023-1917
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2023-08-10
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Closed
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|
| Classification |
NOA Final - Circuit Civil - Other
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| Court |
4th District Court of Appeal
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| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
CACE16-006245
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Parties
Docket Entries
| Docket Date |
2024-10-28
|
| Type |
Disposition by Order
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| Subtype |
Dismissed
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| Description |
ORDERED that Appellant's July 22, 2024 and Appellee's July 22, 2024 motions for attorney's fees are denied as moot. Further, At the request of the parties, this case is dismissed.
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| View |
View File
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| Docket Date |
2024-10-24
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| Type |
Motions Other
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| Subtype |
Motion/Notice Voluntary Dismissal
|
| Description |
Joint Stipulation of Dismissal
|
|
| Docket Date |
2024-10-01
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| Type |
Order
|
| Subtype |
Amended/Corrected Order
|
| Description |
ORDERED that this court's September 27, 2024 order is amended as follows: ORDERED that the September 24, 2024 joint motion to stay appeal pending completion of settlement is granted. All parties hereto shall be required to file a pleading on or before December 15, 2024, that advises this court as to the completion of all settlement negotiations thereby warranting the dismissal of this pending appeal.
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| View |
View File
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| Docket Date |
2024-09-27
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| Type |
Order
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| Subtype |
Amended/Additional Filing(s) Needed
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| Description |
ORDERED that all parties hereto shall be required to file a pleading on or before December 15, 2024, that advises this court as to the completion of all settlement negotiations thereby warranting the dismissal of this pending appeal.
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| View |
View File
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| Docket Date |
2024-09-24
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| Type |
Motions Other
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| Subtype |
Motion To Stay
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| Description |
JOINT MOTION TO STAY APPEAL PENDING
COMPLETION OF SETTLEMENT
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| On Behalf Of |
Cleveland Construction, Inc.
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|
| Docket Date |
2024-09-19
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| Type |
Order
|
| Subtype |
Order Dispensing with Oral Argument
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| Description |
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.
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| View |
View File
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| Docket Date |
2024-07-23
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| Type |
Motions Relating to Oral Argument
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| Subtype |
Motion/Request for Oral Argument
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| Description |
Motion/Request for Oral Argument
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|
| Docket Date |
2024-07-22
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| Type |
Motions Relating to Attorney Fees/Costs
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| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
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|
| Docket Date |
2024-07-22
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| Type |
Brief
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| Subtype |
Reply Brief
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| Description |
Reply Brief
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| On Behalf Of |
Cleveland Construction, Inc.
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| View |
View File
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|
| Docket Date |
2024-06-11
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| Type |
Recognizing Agreed Extension
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| Subtype |
Reply Brief
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| Description |
15 Days to 07/23/2024
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|
| Docket Date |
2024-06-11
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Reply Brief
|
| Description |
Notice of Agreed Extension of Time - Reply Brief
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| On Behalf Of |
Cleveland Construction, Inc.
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|
| Docket Date |
2024-06-07
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| Type |
Brief
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| Subtype |
Answer Brief
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| Description |
Answer Brief
|
| On Behalf Of |
James A. Cummings, Inc.
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| View |
View File
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|
| Docket Date |
2024-05-15
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| Type |
Order
|
| Subtype |
Order on Motion to Appear Pro Hac Vice
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| Description |
ORDERED that David C. Romyn's May 9, 2024 verified motion for permission to appear pro hac vice is granted, and David C. Romyn, Esquire is permitted to appear in this appeal as counsel for James Cummings, Inc. David C. Romyn, Esquire is advised that this court does not send paper documents to attorneys and he shall register for the Appellate Case Information System ("ACIS") and the Florida Courts E-Filing Portal within five (5) days from the date of this order.
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| View |
View File
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| Docket Date |
2024-05-14
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| Type |
Miscellaneous Document
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| Subtype |
Pay Pro Hac Vice Fee-100
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| Description |
Paid Pro Hac Vice Fee-100
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| On Behalf Of |
James A. Cummings, Inc.
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| View |
View File
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|
| Docket Date |
2024-05-14
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| Type |
Order
|
| Subtype |
Order on Filing Fee
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| Description |
This court is in receipt of the verified motion for admission to appear pro hac vice filed May 9, 2024. Further, ORDERED that David C. Romyn, Esq. shall tender the $100 appearance fee required by section 35.22(2)(a), Florida Statutes (2021), within ten (10) days from the date of the entry of this order. Upon so tendering the motion will be granted. The fee may be paid electronically through the Florida Courts E-Filing Portal - see the court's website for details.
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| View |
View File
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| Docket Date |
2024-05-09
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| Type |
Motions Relating to Parties and Counsel
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| Subtype |
Motion to Appear Pro Hac Vice
|
| Description |
Motion to Appear Pro Hac Vice
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|
| Docket Date |
2024-05-07
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| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Answer Brief
|
| Description |
Agreed Motion for Extension of Time to File Answer/Cross Initial Brief
|
| On Behalf Of |
Cleveland Construction, Inc.
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|
| Docket Date |
2024-05-06
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| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
Order Striking Filing
|
| View |
View File
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|
| Docket Date |
2024-05-02
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| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Answer Brief
|
| Description |
Motion for Extension of Time to Serve Answer Brief
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|
| Docket Date |
2024-04-30
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| Type |
Notice
|
| Subtype |
Notice of Electronic Transmission
|
| Description |
*AMENDED* Notice of Electronic Transmission
|
| On Behalf Of |
Clerk - Broward
|
|
| Docket Date |
2024-04-23
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| Type |
Record
|
| Subtype |
Exhibits
|
| Description |
See Notice of Electronic Transmission
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|
| Docket Date |
2024-04-19
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| Type |
Notice
|
| Subtype |
Notice of Electronic Transmission
|
| Description |
Notice of Electronic Transmission
|
| On Behalf Of |
Clerk - Broward
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|
| Docket Date |
2024-02-10
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| Type |
Brief
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| Subtype |
Initial Brief
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| Description |
Initial Brief
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| On Behalf Of |
Cleveland Construction, Inc.
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| View |
View File
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|
| Docket Date |
2024-02-02
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| Type |
Record
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| Subtype |
Supplemental Record
|
| Description |
Supplemental Record Vol. I Pages 2595-15,581
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|
| Docket Date |
2023-10-06
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| Type |
Response
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| Subtype |
Response
|
| Description |
Response to Order to Show Cause
|
| On Behalf Of |
James A. Cummings, Inc.
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|
| Docket Date |
2023-10-04
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| Type |
Miscellaneous Document
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| Subtype |
Pay Notice Joinder Fee-295
|
| Description |
Paid Notice Joinder Fee-295
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| On Behalf Of |
James A. Cummings, Inc.
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| View |
View File
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|
| Docket Date |
2024-01-05
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| Type |
Motions Extensions
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| Subtype |
Motion for Extension for Supplemental ROA
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| Description |
Agreed Motion for Extension of Time to Supplement the Record and File Briefs
|
|
| Docket Date |
2023-12-04
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| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
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| Description |
ORDERED that the clerk of the lower tribunal's December 1, 2023 motion for extension of time is granted in part, and the time for the clerk of the lower tribunal to file the supplemental record on appeal is extended twenty (20) days from the date of this order. Further, ORDERED that Daniel Vega's December 4, 2023 notice of unavailability is stricken as unauthorized.
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| View |
View File
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| Docket Date |
2023-12-04
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| Type |
Notice
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| Subtype |
Unavailability
|
| Description |
Unavailability
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| On Behalf Of |
Federal Insurance Company
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| View |
View File
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| Docket Date |
2023-12-01
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| Type |
Motions Extensions
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| Subtype |
Motion for Extension of Time
|
| Description |
Motion for Extension of Time to Prepare the Supplemental Record
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| On Behalf Of |
Clerk - Broward
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|
| Docket Date |
2023-11-21
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| Type |
Order
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| Subtype |
Order on Motion to Supplement Record
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| Description |
ORDERED that Appellant Cleveland Construction, Inc.'s November 17, 2023 motion to supplement the record is granted. The material requested in the motion shall be included in the record on appeal. The clerk of the lower tribunal shall prepare and file the supplemental material in this court within ten (10) days from the date of this order. Appellant shall monitor the supplementation process.
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| View |
View File
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| Docket Date |
2023-11-17
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| Type |
Motions Relating to Records
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| Subtype |
Motion to Supplement Record
|
| Description |
Motion to Supplement Record
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|
| Docket Date |
2023-11-14
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| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
ORDERED that Appellant Cleveland Construction, Inc.'s November 13, 2023 motion to supplement the record on appeal is stricken without prejudice to refiling a motion which identifies the exhibits.
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| View |
View File
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| Docket Date |
2023-11-13
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| Type |
Motions Relating to Records
|
| Subtype |
Motion to Supplement Record
|
| Description |
Motion to Supplement Record
|
|
| Docket Date |
2023-11-07
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| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Cleveland Construction, Inc.
|
|
| Docket Date |
2023-10-11
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| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
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| Description |
90 Days to 01/16/2024
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|
| Docket Date |
2023-10-11
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
| Description |
Notice of Agreed Extension of Time - Initial Brief
|
| On Behalf Of |
Cleveland Construction, Inc.
|
|
| Docket Date |
2023-10-10
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| Type |
Order
|
| Subtype |
Order Discharging Show Cause Order
|
| Description |
ORDERED that, upon consideration of Federal Insurance Company's response filed October 6, 2023, this court's September 22, 2023 order to show cause is discharged. Further, ORDERED that Federal Insurance Company's August 30, 2023 notice of joinder is reinstated and Federal Insurance Company may proceed as an appellant in the above-styled appeal.
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| View |
View File
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| Docket Date |
2023-10-04
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| Type |
Order
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| Subtype |
Order Striking Filing
|
| Description |
**JOINDER REINSTATED 10/10/2023** ORDERED that Federal Insurance Company's August 30, 2023 notice of joinder is stricken for failure to comply with this court's September 1 and 22, 2023 orders.
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| View |
View File
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| Docket Date |
2023-10-03
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Record on Appeal; 2,596 Pages
|
| On Behalf Of |
Clerk - Broward
|
|
| Docket Date |
2023-09-22
|
| Type |
Order
|
| Subtype |
Order to Show Cause
|
| Description |
**DISCHARGED 10/10/2023** ORDERED that, within five (5) days from the date of this order, Federal Insurance Company shall show cause why its Notice of Joinder should not be stricken for failure to comply with this court's September 1, 2023 order to pay the filing fee.
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| View |
View File
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| Docket Date |
2023-08-30
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| Type |
Notice
|
| Subtype |
Notice of Joinder for Realignment
|
| Description |
Notice of Joinder in Appeal (filing fee required)
|
| On Behalf Of |
James A. Cummings, Inc.
|
|
| Docket Date |
2023-08-28
|
| Type |
Notice
|
| Subtype |
Amended Notice of Appeal
|
| Description |
Amended Notice of Appeal
|
| On Behalf Of |
Clerk - Broward
|
|
| Docket Date |
2023-08-25
|
| Type |
Misc. Events
|
| Subtype |
Cross-Notice Filing Fee Paid through Portal
|
| Description |
CROSS NOTICE FILING FEE PAID THROUGH PORTAL
|
| On Behalf Of |
James A. Cummings, Inc.
|
|
| Docket Date |
2023-08-24
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
ORD-Pay filing Fee - Cross-Appeal - 10 days ~ A Notice of Cross-Appeal was filed in the lower tribunal on August 21, 2023. The $295.00 filing fee required by the applicable rule of procedure and Section 35.22(2)(b), Florida Statutes (2021), is due and payable REGARDLESS OF WHETHER THE APPEAL IS LATER DISMISSED VOLUNTARILY OR ADVERSELY.ORDERED, appellee/cross-appellant shall pay the $295.00 filing fee or file the lower tribunal clerk's determination of indigent status in this court within ten (10) days from the date of the entry 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 the cross-appeal 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 cross-appeal has a duty to tender the filing fee to the appellate court when the cross-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.
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|
| Docket Date |
2023-08-23
|
| Type |
Notice
|
| Subtype |
Notice of Cross Appeal
|
| Description |
Notice of Cross Appeal
|
| On Behalf Of |
Clerk - Broward
|
|
| Docket Date |
2023-08-21
|
| Type |
Notice
|
| Subtype |
Notice of Designation of E-mail Address
|
| Description |
Notice of Primary E-Mail Address
|
| On Behalf Of |
Cleveland Construction, Inc.
|
|
| Docket Date |
2023-08-16
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Cleveland Construction, Inc.
|
|
| Docket Date |
2023-08-16
|
| Type |
Misc. Events
|
| Subtype |
Order Appealed
|
| Description |
Order Appealed
|
| On Behalf Of |
Cleveland Construction, Inc.
|
|
| Docket Date |
2023-08-14
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid Through Portal
|
| On Behalf Of |
Cleveland Construction, Inc.
|
|
| Docket Date |
2023-08-10
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
ORD-Pay Filing Fee-Civil Appeal ~ The jurisdiction of this court was invoked by filing of a Notice of Appeal in the lower tribunal. The $300.00 filing fee required by the applicable rule of procedure and Section 35.22(2)(a), Florida Statutes (2021), is due and payable REGARDLESS OF WHETHER THE APPEAL IS LATER DISMISSED VOLUNTARILY OR ADVERSELY.ORDERED that appellant shall pay the $300.00 filing fee or file the lower tribunal clerk's determination of indigent status in this court within ten (10) days from the date of this order. The fee may be paid electronically through the Florida Courts E-Filing Portal – see the court’s website for details. Failure to comply within the time prescribed will result in dismissal of this cause and may result in the court sanctioning of any party, or the party's attorney, who has not paid the filing fee. The attorney filing the Notice of Appeal has a duty to tender the filing fee to the appellate court when the appeal is initiated. See In Re Payment of Filing Fees, 744 So. 2d 1025 (Fla. 4th DCA 1997). Failure of the attorney to pay will result in referral to the Department of Financial Services for collection.**NOTE: This order does not toll the time for filing any pleadings necessary to prosecute this appeal and no extensions of time will be entertained. Once the fee is paid, it is not refundable. Except for dismissal, this court will take no action in this appeal until the filing fee is paid or until a lower tribunal clerk's determination of indigent status is filed.
|
|
| Docket Date |
2023-08-10
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
Cleveland Construction, Inc.
|
|
| Docket Date |
2023-08-10
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2023-08-10
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2024-12-18
|
| Type |
Record
|
| Subtype |
Returned Exhibits
|
| Description |
Returned Exhibits
|
|
| Docket Date |
2024-05-09
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
| Description |
ORDERED that Appellee James A. Cummings, Inc.'s May 7, 2024 motion for extension of time is granted, and Appellee shall serve the answer/cross-initial brief on or before June 7, 2024. In addition, Appellee is notified that the failure to serve the brief within the time provided herein may foreclose Appellee's right to file a brief or otherwise participate in this appeal.
|
| View |
View File
|
|
| Docket Date |
2024-01-16
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
ORDERED that Appellant Cleveland Construction, Inc.'s January 5, 2024 motion for extension of time is granted, and the time for the clerk of the lower tribunal to file the supplemental record on appeal is extended to and including January 18, 2024. Further, ORDERED that Appellant Cleveland Construction, Inc.'s January 5, 2024 request for extension of time is granted in part, and Appellant shall serve the initial brief ten (10) days from receipt of the supplemental record. 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. Attorney workload does not constitute extraordinary circumstances which justifies a further extension of time.
|
| View |
View File
|
|
| Docket Date |
2023-09-01
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
ORD-Pay filing fee-Notice Joinder-10 days ~ The $295.00 filing fee, or a lower tribunal clerk's determination of indigent status, did not accompany the Notice of Joinder as required by section 35.22(2)(b), Florida Statutes (2021). The filing fee is due and payable at the time of filing REGARDLESS OF WHETHER THE PROCEEDING IS LATER DISMISSED VOLUNTARILY OR ADVERSELY.ORDERED that Federal Insurance Company shall pay the $295.00 filing fee or file the lower tribunal clerk's determination of indigent status in this Court within ten (10) days from the date of the entry 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/striking of the notice of joinder 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 joinder has a duty to tender the filing fee to the appellate court when the notice 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 Florida Department of Financial Services for collection.
|
|
|
|
Restore All, LLC, Appellant(s), v. Zurich American Insurance Company, Appellee(s).
|
3D2023-1437
|
2023-08-10
|
Closed
|
|
| Classification |
NOA Final - County Civil - Other
|
| Court |
3rd District Court of Appeal
|
| Originating Court |
County Court for the Eleventh Judicial Circuit, Miami-Dade County
21-35273 CC
|
Parties
| Name |
RESTORE ALL, LLC
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Alexander Luis Bucelo, Melissa A. Giasi, Erin Michelle Berger
|
|
| Name |
ZURICH AMERICAN INSURANCE COMPANY
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
David Thayer Burr, J. Pablo Caceres, Mihaela Cabulea
|
|
| Name |
Hon. Jorge A. Pérez Santiago
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Miami-Dade Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2024-05-02
|
| Type |
Mandate
|
| Subtype |
Disp. w/o Mandate
|
| Description |
Disp. w/o Mandate
|
|
| Docket Date |
2024-05-02
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2024-04-30
|
| Type |
Motions Other
|
| Subtype |
Motion/Notice Voluntary Dismissal
|
| Description |
Motion/Notice Voluntary Dismissal
|
| On Behalf Of |
Restore All, LLC
|
|
| Docket Date |
2024-04-17
|
| Type |
Order
|
| Subtype |
Order to File Status Report
|
| Description |
Appellant is requested to file a status report in this cause within
ten (10) days of the date of this Order.
|
| View |
View File
|
|
| Docket Date |
2024-03-28
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Appellant's Unopposed Notice of Settlement and Request for
One Week to File Notice of Voluntary Dismissal is granted. Appellant shall
file the notice of voluntary dismissal within seven (7) days from the date of
this Order
|
| View |
View File
|
|
| Docket Date |
2024-03-26
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Unopposed Notice of Settlement and Request for One Week to File Notice of Voluntary Dismissal
|
| On Behalf Of |
Restore All, LLC
|
|
| Docket Date |
2024-02-22
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Appellant's Unopposed Motion for Extension of Time to File Initial
Brief is hereby granted to and including thirty (30) days from the date of this
Order. No further extensions will be allowed.
|
| View |
View File
|
|
| Docket Date |
2024-02-20
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Initial Brief
|
| Description |
Unopposed Motion for Extension of Time to Serve Initial Brief
|
| On Behalf Of |
Restore All, LLC
|
|
| Docket Date |
2024-01-23
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Zurich American Insurance Company
|
|
| Docket Date |
2024-01-18
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Initial Brief
|
| Description |
Motion for Extension of Time to Serve Initial Brief- 30 days to 02/16/2024(GRANTED)
|
| On Behalf Of |
Restore All, LLC
|
|
| Docket Date |
2023-12-15
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Notice of Agreed Extension of Time Initial Brief - 30 days to 01/17/2024 (GRANTED).
|
| On Behalf Of |
Restore All, LLC
|
|
| Docket Date |
2023-10-20
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Notice of Agreed Extension of Time - IB - 60 days to 12/18/2023.
|
| View |
View File
|
|
| Docket Date |
2023-10-19
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Record on Appeal
|
| On Behalf Of |
Miami-Dade Clerk
|
|
| Docket Date |
2023-10-19
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Notice of Agreed Extension of Time
|
| On Behalf Of |
Restore All, LLC
|
|
| Docket Date |
2023-08-21
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid Through Portal
|
| On Behalf Of |
Restore All, LLC
|
|
| Docket Date |
2023-08-10
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
Order to pay filing fee-civil w/atty (OR14B) ~ This is to notify counsel for Appellant that the filing and prosecution of a notice of appeal in this Court is not acceptable without compliance with the Florida Rules of Appellate Procedure. Therefore, this appeal will be dismissed unless the required three hundred dollar ($300.00) fee is paid to the Clerk of the Court on or before August 20, 2023.
|
|
| Docket Date |
2023-08-10
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter ~ Acknowledgment of new case letter with attachments. The 3DCA $300 filing fee for a notice of appeal is due.
|
|
| Docket Date |
2023-08-10
|
| Type |
Notice
|
| Subtype |
Notice of Appeal Transmittal Form
|
| Description |
Notice of Transmittal--NOA
|
| On Behalf Of |
Zurich American Insurance Company
|
|
| Docket Date |
2023-08-10
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2024-05-02
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
IT IS HEREBY ORDERED that Appellant's Notice of Voluntary Dismissal of Appeal is recognized by the Court, and this appeal from the County Court for the Eleventh Judicial Circuit, Miami-Dade County, Florida, is hereby dismissed.
|
| View |
View File
|
|
|
|
Carpenter Contractors of America/Zurich American Insurance Company, Appellant(s) v. Darrell Hearns, Appellee(s).
|
1D2023-0892
|
2023-04-14
|
Closed
|
|
| Classification |
NOA Final - Workers Compensation - Workers Compensation
|
| Court |
1st District Court of Appeal
|
| Originating Court |
Office of the Judges of Compensation Claims
21-016248RAA
|
Parties
| Name |
CARPENTER CONTRACTORS OF AMERICA, INC.
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Robert B. Bennett
|
|
| Name |
ZURICH AMERICAN INSURANCE COMPANY
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
Darrell Hearns
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Pat T. DiCesare, Thomas Warren Sculco, Shannon McLin
|
|
| Name |
David W. Langham
|
| Role |
Judge of Compensation Claims
|
| Status |
Active
|
|
| Name |
Robert A. Arthur
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Julie Hunsaker WC
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2023-10-16
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
Dismissed
|
| View |
View File
|
|
| Docket Date |
2023-10-10
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice of Disposition of Settlement
|
| On Behalf Of |
Carpenter Contractors of America
|
|
| Docket Date |
2023-10-06
|
| Type |
Misc. Events
|
| Subtype |
Miscellaneous Trial Court Order
|
| Description |
Order Approving Attorney's Fee and Allocation of Child Support
|
| On Behalf Of |
Robert A. Arthur
|
|
| Docket Date |
2023-09-07
|
| Type |
Order
|
| Subtype |
Order on Motion to Relinquish Jurisdiction
|
| Description |
Order on Motion to Relinquish Jurisdiction
|
| View |
View File
|
|
| Docket Date |
2023-09-01
|
| Type |
Motions Other
|
| Subtype |
Motion To Relinquish Jurisdiction
|
| Description |
Motion To Relinquish Jurisdiction
|
| On Behalf Of |
Carpenter Contractors of America
|
|
| Docket Date |
2023-08-17
|
| Type |
Record
|
| Subtype |
Record on Appeal Redacted
|
| Description |
Record on Appeal Redacted - 2594 pages
|
|
| Docket Date |
2023-07-07
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
Order Striking Filing
|
| View |
View File
|
|
| Docket Date |
2023-07-05
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion for Extension of Time for Court Reporter
|
| Description |
Motion for Extension of Time for Court Reporter
|
|
| Docket Date |
2023-08-16
|
| Type |
Record
|
| Subtype |
Exhibits
|
| Description |
Exhibits 1 brown env. ( 1 CD/DVD)
|
|
| Docket Date |
2023-07-11
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time for Court Reporter
|
| Description |
Order on Motion for Extension of Time for Court Reporter
|
| View |
View File
|
|
| Docket Date |
2023-07-10
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion for Extension of Time for Court Reporter
|
| Description |
Amended Motion for Extension of Time for Court Reporter
|
|
| Docket Date |
2023-06-14
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Darrell Hearns
|
|
| Docket Date |
2023-06-06
|
| Type |
Misc. Events
|
| Subtype |
Miscellaneous Trial Court Order
|
| Description |
Miscellaneous Trial Court Order
granting ext. of time to prepare record
|
| On Behalf Of |
Robert A. Arthur
|
|
| Docket Date |
2023-04-20
|
| Type |
Misc. Events
|
| Subtype |
Docketing Statement
|
| Description |
Docketing Statement
|
| On Behalf Of |
Carpenter Contractors of America
|
|
| Docket Date |
2023-04-17
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
| View |
View File
|
|
| Docket Date |
2023-04-17
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal
|
| On Behalf Of |
Carpenter Contractors of America
|
|
| Docket Date |
2023-04-17
|
| Type |
Misc. Events
|
| Subtype |
Order Appealed
|
| Description |
Order Appealed-certified
|
|
| Docket Date |
2023-04-17
|
| Type |
Event
|
| Subtype |
Fee Paid in Full
|
| Description |
Fee Paid in Full
|
| View |
View File
|
|
|
|
Amazon.com, Inc. and Sedgwick CMS, as Servicing Agent for Zurich American Insurance Company, Appellant(s) v. Yesenia Rios Cruzado, Appellee(s).
|
1D2023-0270
|
2023-02-03
|
Closed
|
|
| Classification |
NOA Final - Workers Compensation - Workers Compensation
|
| Court |
1st District Court of Appeal
|
| Originating Court |
Office of the Judges of Compensation Claims
22-007788RAA
|
Parties
| Name |
ZURICH AMERICAN INSURANCE COMPANY
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
Sedgwick CMS
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
Amazon.com, Inc.
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Nicole Florentino
|
|
| Name |
Yesenia Rios Cruzado
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Bradley G. Smith
|
|
| Name |
Robert A. Arthur
|
| Role |
Judge of Compensation Claims
|
| Status |
Active
|
|
| Name |
Julie Hunsaker WC
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2023-09-26
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2023-09-26
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
| View |
View File
|
|
| Docket Date |
2023-09-06
|
| Type |
Disposition by Opinion
|
| Subtype |
Dismissed
|
| Description |
Dismissed
372 So. 3d 635
|
| View |
View File
|
|
| Docket Date |
2023-08-23
|
| Type |
Order
|
| Subtype |
Order Discharging Show Cause Order
|
| Description |
Order Discharging Show Cause Order
|
| View |
View File
|
|
| Docket Date |
2023-08-01
|
| Type |
Misc. Events
|
| Subtype |
Status Report
|
| Description |
Status Report
|
| On Behalf Of |
Amazon.com, Inc.
|
|
| Docket Date |
2023-08-01
|
| Type |
Order
|
| Subtype |
Order to File Status Report
|
| Description |
Order to File Status Report
|
| View |
View File
|
|
| Docket Date |
2023-06-16
|
| Type |
Order
|
| Subtype |
Order Relinquishing Jurisdiction - Workers Comp
|
| Description |
Order Relinquishing Jurisdiction - Workers Comp
|
| View |
View File
|
|
| Docket Date |
2023-04-21
|
| Type |
Motions Other
|
| Subtype |
Motion To Relinquish Jurisdiction
|
| Description |
Motion To Relinquish Jurisdiction
|
| On Behalf Of |
Amazon.com, Inc.
|
|
| Docket Date |
2023-03-28
|
| Type |
Record
|
| Subtype |
Record on Appeal Redacted
|
| Description |
Record on Appeal Redacted - 237 pages
|
|
| Docket Date |
2023-02-03
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
| On Behalf Of |
Robert A. Arthur
|
|
| Docket Date |
2023-03-01
|
| Type |
Notice
|
| Subtype |
Notice of Compliance
|
| Description |
Notice of Compliance
|
| On Behalf Of |
Amazon.com, Inc.
|
|
| Docket Date |
2023-02-27
|
| Type |
Notice
|
| Subtype |
Notice of Inability
|
| Description |
Notice of Inability
|
|
| Docket Date |
2023-02-21
|
| Type |
Misc. Events
|
| Subtype |
Docketing Statement
|
| Description |
Docketing Statement
|
| On Behalf Of |
Amazon.com, Inc.
|
|
| Docket Date |
2023-02-17
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
CASE FILING FEE PAID THROUGH PORTAL
|
|
| Docket Date |
2023-02-13
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
20-Day Pay Fee ($300) ~ The appellant/petitioner has failed to tender the required $300.00 filing fee per Section 35.22(2)(a), Florida Statutes (2018), and Florida Rule of Appellate Procedure 9.110(b). The appellant/petitioner is hereby directed to pay the $300 filing fee within 20 days of this order. Failure to comply with this order will result in the dismissal of this cause without further opportunity to be heard. Florida Rule of Appellate Procedure 9.410.
|
|
| Docket Date |
2023-02-03
|
| Type |
Notice
|
| Subtype |
Notice of Appeal Transmittal Form
|
| Description |
Notice of Appeal Transmittal Form
|
| On Behalf Of |
Robert A. Arthur
|
|
| Docket Date |
2023-02-03
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Worker's Compensation / Acknowledgement letter ~ The First District Court of Appeal has received the Notice of Appeal in this Workers’ Compensation action, filed in this Court on February 3, 2023, and in the lower tribunal on February 2, 2023.
|
|
|
|
SUKKAH MIAMI BEACH ACQUISITIONS, LLC, VS ZURICH AMERICAN INSURANCE COMPANY, et al.,
|
3D2021-2443
|
2021-12-23
|
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
20-17923
|
Parties
| Name |
SUKKAH MIAMI BEACH ACQUISITIONS LLC
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
R. HUGH LUMPKIN, CHRISTOPHER T. KULEBA, GARRETT S. NEMEROFF
|
|
| Name |
Everest Indemnity Insurance Company
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
CERTAIN UNDERWRITERS AT LLOYD'S, LONDON
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
WESTERN WORLD INSURANCE COMPANY
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
EVANSTON INSURANCE COMPANY
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
NAVIGATORS SPECIALTY INSURANCE COMPANY
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
STARR SURPLUS LINES INSURANCE COMPANY
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
GENERAL SECURITY INDEMNITY COMPANY OF ARIZONA
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
HDI GLOBAL SPECIALTY SE
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Westchester Surplus Lines Insurance Company
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Hon. William Thomas
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Miami-Dade Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
| Name |
ZURICH AMERICAN INSURANCE COMPANY
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Steven J. Brodie, Andrew K. Daechsel, Christine M. Renella, JOSEPH H. LANG, JR., Perry R. Goodman, Jonathan M. Freiman, GERALD B. COPE, JR., Heidi Hudson Raschke, TRACY A. JURGUS, PATRICK F. HOFER, Kristen M. Fiore
|
|
Docket Entries
| Docket Date |
2023-02-03
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2023-02-03
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2023-01-18
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed - Citation
|
|
| Docket Date |
2022-12-21
|
| Type |
Motions Relating to Parties and Counsel
|
| Subtype |
Motion For Substitution of Counsel
|
| Description |
Motion For Substitution of Counsel ~ NOTICE OF SUBSTITUTING COUNSEL
|
| On Behalf Of |
Zurich American Insurance Company
|
|
| Docket Date |
2022-12-14
|
| Type |
Notice
|
| Subtype |
Notice of Supplemental Authority
|
| Description |
Notice of Supplemental Authority
|
| On Behalf Of |
Zurich American Insurance Company
|
|
| Docket Date |
2022-12-13
|
| Type |
Order
|
| Subtype |
Order on Motion To Withdraw as Counsel
|
| Description |
Motion to Withdraw Granted (OG44) ~ The Motion for Leave to Withdraw as co-counsel is granted, and Katherine E. Giddings, Esquire, is withdrawn as co-counsel for Appellee Zurich American Insurance Company, and relieved from any further responsibility in this cause. HENDON, GORDO and BOKOR, JJ., concur.
|
|
| Docket Date |
2022-12-08
|
| Type |
Motions Relating to Parties and Counsel
|
| Subtype |
Motion To Withdraw as Counsel
|
| Description |
Motion To Withdraw as Counsel
|
| On Behalf Of |
Zurich American Insurance Company
|
|
| Docket Date |
2022-12-02
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ APPELLEES' JOINT RESPONSE TO APPELLANT'S MOTION FOR ENTITLEMENT TO APPELLATE ATTORNEYS' FEES
|
| On Behalf Of |
Zurich American Insurance Company
|
|
| Docket Date |
2022-12-01
|
| Type |
Notice
|
| Subtype |
Notice of Supplemental Authority
|
| Description |
Notice of Supplemental Authority
|
| On Behalf Of |
SUKKAH MIAMI BEACH ACQUISITIONS, LLC
|
|
| Docket Date |
2022-11-17
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
|
| On Behalf Of |
SUKKAH MIAMI BEACH ACQUISITIONS, LLC
|
|
| Docket Date |
2022-11-17
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion/Request for Oral Argument
|
| Description |
Motion For Oral Argument ~ APPELLANT'S REQUEST FOR ORAL ARGUMENT
|
| On Behalf Of |
SUKKAH MIAMI BEACH ACQUISITIONS, LLC
|
|
| Docket Date |
2022-11-17
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant's Reply Brief
|
| On Behalf Of |
SUKKAH MIAMI BEACH ACQUISITIONS, LLC
|
|
| Docket Date |
2022-09-16
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Reply Brief
|
| Description |
Extension granted to file reply brief (OG05) ~ Appellant’s Unopposed Motion for an Extension of Time to File the Reply Brief is granted to and including November 17, 2022.
|
|
| Docket Date |
2022-09-15
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Reply Brief
|
| Description |
Mot. for Extension of Time to File Reply Brief ~ UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE APPELLANT'S REPLY BRIEF
|
| On Behalf Of |
SUKKAH MIAMI BEACH ACQUISITIONS, LLC
|
|
| Docket Date |
2022-09-01
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief ~ ANSWER BRIEF OF APPELLEE ZURICH AMERICAN INSURANCE COMPANY
|
| On Behalf Of |
Zurich American Insurance Company
|
|
| Docket Date |
2022-07-06
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion to Supplement Record
|
| Description |
Motion to Supplement the Record ~ APPELLEES' JOINT UNOPPOSED MOTION TO SUPPLEMENT THE RECORD ON APPEAL
|
| On Behalf Of |
Zurich American Insurance Company
|
|
| Docket Date |
2022-09-01
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix ~ DUPLICATE - APPENDIX TO ANSWER BRIEF OF APPELLEE ZURICH AMERICAN INSURANCE COMPANY
|
| On Behalf Of |
Zurich American Insurance Company
|
|
| Docket Date |
2022-09-01
|
| Type |
Notice
|
| Subtype |
Notice of Joinder in Filing
|
| Description |
Notice of Joinder ~ APPELLEE WESTCHESTER'S NOTICE OF JOINDER TO AND ADOPTION OF ANSWER BRIEFS OF APPELLEES (1) ZURICH AND (2) EVEREST AND STARR
|
| On Behalf Of |
Zurich American Insurance Company
|
|
| Docket Date |
2022-06-22
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ AB-30 days to 8/17/2022
|
|
| Docket Date |
2022-07-26
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Notice of Agreed Extension of Time ~ APPELLEES' JOINT UNOPPOSED NOTICE OF EXTENSION OF TIME
|
| On Behalf Of |
Zurich American Insurance Company
|
|
| Docket Date |
2022-07-26
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ AB-15 days to 9/01/2022
|
|
| Docket Date |
2022-07-22
|
| Type |
Order
|
| Subtype |
Order on Motion to Appear Pro Hac Vice
|
| Description |
Pro hac vice motion granted (OG45) ~ Upon consideration, Jonathan M. Freiman, Esquire's Verified Motion to Appear Pro Hac Vice on behalf of Appellee Navigators Specialty Insurance Company is hereby granted as stated in the Motion. Jonathan M. Freiman, Esquire, shall pay the required one hundred ($100.00) dollar fee within ten (10) days from the date of this Order.
|
|
| Docket Date |
2022-07-20
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice ~ NOTICE OF PAYMENT OF PRO HAC VICE FILING FEE
|
| On Behalf Of |
Zurich American Insurance Company
|
|
| Docket Date |
2022-07-20
|
| Type |
Order
|
| Subtype |
Order on Motion to Appear Pro Hac Vice
|
| Description |
Pro hac vice motion granted (OG45) ~ Upon consideration, Patrick F. Hofer, Esquire's Verified Motion to Appear Pro Hac Vice on behalf of Appellee Zurich American Insurance Company is hereby granted as stated in the Motion.
|
|
| Docket Date |
2022-07-19
|
| Type |
Motions Relating to Parties and Counsel
|
| Subtype |
Motion to Appear Pro Hac Vice
|
| Description |
MO36A Motion to Appear Pro Hac Vice ~ VERIFIED MOTION FOR ADMISSION TO APPEAR PRO HAC VICEPURSUANT TO FLORIDA RULE OF JUDICIAL ADMINISTRATION 2.510
|
| On Behalf Of |
Zurich American Insurance Company
|
|
| Docket Date |
2022-07-18
|
| Type |
Motions Relating to Parties and Counsel
|
| Subtype |
Motion to Appear Pro Hac Vice
|
| Description |
MO36A Motion to Appear Pro Hac Vice ~ DUPLICATE VERIFIED MOTION FOR ADMISSION TO APPEAR PRO HAC VICE PURSUANT TO FLORIDA RULE OF GENERAL PRACTICE AND JUDICIAL ADMINISTRATION 2.510 AND JUDICIAL ADMINISTRATION 2.510
|
| On Behalf Of |
Zurich American Insurance Company
|
|
| Docket Date |
2022-07-18
|
| Type |
Misc. Events
|
| Subtype |
Pro Hac Vice Fee Paid through Portal
|
| Description |
PRO HAC VICE FEE PAID THROUGH PORTAL ~ FOR PATRICK F. HOFER
|
| On Behalf Of |
Zurich American Insurance Company
|
|
| Docket Date |
2022-07-08
|
| Type |
Order
|
| Subtype |
Order on Motion to Supplement Record
|
| Description |
Mot to Supplement Rec w/attachment Granted (OG13) ~ Appellees’ Joint Unopposed Motion to Supplement the Record on Appeal, filed on July 6, 2022, is granted, and the record on appeal is supplemented to include the transcript that is attached to said Motion.
|
|
| Docket Date |
2022-06-21
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Notice of Agreed Extension of Time
|
| On Behalf Of |
Zurich American Insurance Company
|
|
| Docket Date |
2022-06-16
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
SUKKAH MIAMI BEACH ACQUISITIONS, LLC
|
|
| Docket Date |
2022-06-01
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ IB-15 days to 6/16/2022
|
|
| Docket Date |
2022-06-01
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Notice of Agreed Extension of Time
|
| On Behalf Of |
SUKKAH MIAMI BEACH ACQUISITIONS, LLC
|
|
| Docket Date |
2022-05-05
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
MISCELLANEOUS ORDER (OR999) ~ Appellant’s Notice of Filing the Final Judgment is noted, and this Court resumes jurisdiction.
|
|
| Docket Date |
2022-05-03
|
| Type |
Notice
|
| Subtype |
Notice of Filing
|
| Description |
Notice of Filing ~ APPELLANT'S NOTICE OF FILING FINAL JUDGMENT
|
| On Behalf Of |
SUKKAH MIAMI BEACH ACQUISITIONS, LLC
|
|
| Docket Date |
2022-04-25
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Notice of Agreed Extension of Time
|
| On Behalf Of |
SUKKAH MIAMI BEACH ACQUISITIONS, LLC
|
|
| Docket Date |
2022-04-25
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ IB-30 days to 6/01/2022
|
|
| Docket Date |
2022-04-01
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ SUKKAH'S RESPONSE TO THE COURT'S ORDER TO SHOW CAUSEAND APPELLEES' MOTION TO DETERMINE FINALITY OF ORDERON APPEAL
|
| On Behalf Of |
SUKKAH MIAMI BEACH ACQUISITIONS, LLC
|
|
| Docket Date |
2022-03-23
|
| Type |
Order
|
| Subtype |
Show Cause
|
| Description |
Show Cause Why App.Shldn't be DATFANAO(OR12G) ~ Upon consideration of Appellee Zurich American Insurance Company’s Motion to Determine the Finality of the Order on Appeal, Appellant is ordered to show cause, within ten (10) days from the date of this Order, as to why the appeal should not be dismissed as one taken from a non-final, non-appealable order.
|
|
| Docket Date |
2022-03-18
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
Miscellaneous Motion ~ MOTION TO DETERMINE FINALITY OF ORDER ON APPEAL
|
| On Behalf Of |
Zurich American Insurance Company
|
|
| Docket Date |
2022-03-11
|
| Type |
Notice
|
| Subtype |
Notice of Filing
|
| Description |
Notice of Filing ~ APPELLANT'S NOTICE OF FILING HEARING TRANSCRIPT
|
| On Behalf Of |
SUKKAH MIAMI BEACH ACQUISITIONS, LLC
|
|
| Docket Date |
2022-03-03
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Record on Appeal
|
| On Behalf Of |
Miami-Dade Clerk
|
|
| Docket Date |
2022-02-16
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Notice of Agreed Extension of Time
|
| On Behalf Of |
SUKKAH MIAMI BEACH ACQUISITIONS, LLC
|
|
| Docket Date |
2022-02-16
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ IB-60 days to 5/02/2022
|
|
| Docket Date |
2022-01-10
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid Through Portal
|
| On Behalf Of |
SUKKAH MIAMI BEACH ACQUISITIONS, LLC
|
|
| Docket Date |
2022-01-06
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Zurich American Insurance Company
|
|
| Docket Date |
2021-12-23
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2021-12-23
|
| Type |
Notice
|
| Subtype |
Notice of Appeal Transmittal Form
|
| Description |
Notice of Transmittal--NOA
|
| On Behalf Of |
Zurich American Insurance Company
|
|
| Docket Date |
2021-12-23
|
| 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 |
2021-12-23
|
| 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 January 2, 2022.
|
|
| Docket Date |
2023-01-18
|
| Type |
Motion
|
| Subtype |
Attorney's Fees
|
| Description |
Attorneys fees denied (OD47) ~ Upon consideration of Appellant’s Motion for Entitlement to Appellate Attorneys’ Fees, it is ordered that said Motion is hereby denied.
|
|
| Docket Date |
2023-01-17
|
| Type |
Order
|
| Subtype |
Order on Motion/Request for Oral Argument
|
| Description |
Order Denying ORAL ARGUMENT ~ Upon consideration, the appellant’s Request for Oral Argument is hereby denied.
|
|
| Docket Date |
2022-12-28
|
| Type |
Notice
|
| Subtype |
Notice of Supplemental Authority
|
| Description |
Notice of Supplemental Authority
|
| On Behalf Of |
SUKKAH MIAMI BEACH ACQUISITIONS, LLC
|
|
| Docket Date |
2022-04-05
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
MISCELLANEOUS ORDER (OR999) ~ Appellant's Response to the Court's March 23, 2022, Order to Show Cause is noted. Upon consideration of Appellee Zurich American Insurance Company's Motion to Determine Finality of Order on Appeal, jurisdiction of this cause is temporarily relinquished to the trial court for a period of forty-five (45) days from the date of this Order, so that the parties may obtain a final judgment, as requested in the Response.
|
|
| Docket Date |
2022-03-10
|
| Type |
Order
|
| Subtype |
Order to Transmit Record/Supplemental Record on Appeal
|
| Description |
Non-Conforming Transcript Stricken ~ Upon review of the record/affidavits filed in this case, the Courthas determined that condensed transcripts fail to comply with therequirements of Florida Rules of Appellate Procedure 9.200(b)(4) and9.220(c)(4). Any such condensed transcripts filed after January 1, 2019,are hereby stricken. The responsible party (the party who seeks to havethe transcripts considered by this Court) shall file transcripts that complywith the Florida Rules of Appellate Procedure within thirty (30) days fromthe date of this Order.
|
|
|
|
PUCCINI, LLC, ETC. VS ZURICH AMERICAN INSURANCE COMPANY, ETC.
|
SC2019-0791
|
2019-05-13
|
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
3D17-690
Circuit Court for the Eleventh Judicial Circuit, Miami-Dade County
132016CA006142000001
|
Parties
| Name |
PUCCINI, LLC
|
| Role |
Petitioner
|
| Status |
Active
|
| Representations |
Jennifer Miller, Michael J. Dono
|
|
| Name |
D/B/A 5 Napkin Burger
|
| Role |
Petitioner
|
| Status |
Active
|
|
| Name |
Lincoln-Drexel Waserstein Ltd.
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
LINCOLN DREXEL, LTD.
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
ZURICH AMERICAN INSURANCE COMPANY
|
| Role |
Respondent
|
| Status |
Active
|
| Representations |
Mr. Michael Bernard Stevens, Shirley Jean McEachern, Mary Grecz
|
|
| Name |
Hon. Bronwyn C. Miller
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Hon. Mercedes M. Prieto
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
| Name |
Hon. Harvey Ruvin
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2019-09-10
|
| 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).*Corrected September 12, 2019, to add proper counsel for Respondent to service list.*
|
|
| Docket Date |
2019-06-05
|
| Type |
Brief
|
| Subtype |
Juris Answer
|
| Description |
JURIS ANSWER BRIEF ~ RESPONDENT'S BRIEF ON JURISDICTION
|
| On Behalf Of |
Zurich American Insurance Company
|
| View |
View File
|
|
| Docket Date |
2019-05-21
|
| Type |
Brief
|
| Subtype |
Appendix-Juris
|
| Description |
APPENDIX-JURIS BRIEF ~ PETITIONER'S APPENDIX TO THE JURISDICTIONAL BRIEF
|
| On Behalf Of |
Puccini, LLC
|
| View |
View File
|
|
| Docket Date |
2019-05-16
|
| Type |
Event
|
| Subtype |
Fee Paid in Full - $300
|
| Description |
Fee Paid In Full - $300
|
|
| Docket Date |
2019-05-16
|
| Type |
Notice
|
| Subtype |
Invoke Discretionary Jurisdiction
|
| Description |
NOTICE-DISCRETIONARY JURIS (DIRECT CONFLICT) ~ AMENDED
|
| On Behalf Of |
Puccini, LLC
|
| View |
View File
|
|
| Docket Date |
2019-05-16
|
| Type |
Letter-Case
|
| Subtype |
Acknowledgment Letter-New Case
|
| Description |
ACKNOWLEDGMENT LETTER-NEW CASE
|
|
| Docket Date |
2019-05-13
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
| Docket Date |
2019-05-13
|
| Type |
Notice
|
| Subtype |
Invoke Discretionary Jurisdiction
|
| Description |
NOTICE-DISCRETIONARY JURIS (DIRECT CONFLICT)
|
| On Behalf Of |
Puccini, LLC
|
| View |
View File
|
|
|
|
HYDRO CONDUIT CORP. VS DRAGADOS USA, INC., et al
|
4D2019-0289
|
2019-01-31
|
Closed
|
|
| Classification |
NOA Non Final - Circuit Civil - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
11-18330 CA
|
Parties
| Name |
HYDRO CONDUIT CORP.
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Richard J. Zaden, Mark Christopher De St. Aubin, Peter M. Crofton, Benjamin Peter Deninger, John P. Seiler
|
|
| Name |
THE INSURANCE COMPANY OF THE STATE OF PENNSYLVANIA
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
ZURICH AMERICAN INSURANCE COMPANY
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Dragados USA, Inc..
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Kesang Stefan Chin, Jerry Peter Brodsky
|
|
| Name |
FIDELITY & DEPOSIT COMPANY OF MARYLAND
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
LIBERTY MUTUAL INSURANCE COMPANY
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Hon. Carlos A. Rodriguez
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Broward
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2020-04-24
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2020-04-02
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2020-04-02
|
| Type |
Order
|
| Subtype |
Order on Motion for Rehearing En Banc
|
| Description |
Order Denying Rehearing En Banc ~ ORDERED that the appellant's February 27, 2020 motion for written opinion, rehearing, and rehearing en banc is denied.
|
|
| Docket Date |
2020-03-11
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ TO MOTION FOR REHEARING / REHEARING EN BANC
|
| On Behalf Of |
Dragados USA, Inc..
|
|
| Docket Date |
2020-02-27
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion for Rehearing
|
| Description |
Motion for Rehearing / Rehearing En Banc ~ **AND** FOR WRITTEN OPINION
|
| On Behalf Of |
HYDRO CONDUIT CORP.
|
|
| Docket Date |
2020-02-13
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed - Per Curiam Affirmed
|
|
| Docket Date |
2020-02-13
|
| Type |
Order
|
| Subtype |
Order on Motion For Substitution of Counsel
|
| Description |
ORD-Grant Substitution of Counsel ~ ORDERED that, pursuant to the January 3, 2020 stipulation and joint motion for substitution of counsel, the law firms of Smith, Gambrell & Russell, LLP and Seiler, Sautter, Zaden, Rimes & Wahlbrink are substituted for the law firm of Troutman Sanders, LLP as counsel for appellant Hyrdo Conduit Corp. in the above-styled case.
|
|
| Docket Date |
2020-01-08
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
HYDRO CONDUIT CORP.
|
|
| Docket Date |
2020-01-03
|
| Type |
Motions Relating to Parties and Counsel
|
| Subtype |
Motion For Substitution of Counsel
|
| Description |
Stipulation for Substitution of Counsel
|
| On Behalf Of |
HYDRO CONDUIT CORP.
|
|
| Docket Date |
2019-06-12
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant's Reply Brief
|
| On Behalf Of |
HYDRO CONDUIT CORP.
|
|
| Docket Date |
2019-06-07
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Reply Brief
|
| Description |
Order Granting EOT for Appellant's Reply Brief ~ ORDERED that appellant's June 7, 2019 motion for extension of time is granted, and appellant shall serve the reply brief on or before June 13, 2019. In addition, if the reply brief is served after the time provided for in this order, it may be stricken.
|
|
| Docket Date |
2019-06-07
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Reply Brief
|
| Description |
Mot. for Extension of Time to File Reply Brief
|
| On Behalf Of |
HYDRO CONDUIT CORP.
|
|
| Docket Date |
2019-05-24
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Reply Brief
|
| Description |
Order Granting EOT for Appellant's Reply Brief ~ ORDERED that appellant's May 23, 2019 motion for extension of time is granted, and appellant shall serve the reply brief on or before June 10, 2019. In addition, if the reply brief is served after the time provided for in this order, it may be stricken.
|
|
| Docket Date |
2019-05-23
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Reply Brief
|
| Description |
Mot. for Extension of Time to File Reply Brief
|
| On Behalf Of |
HYDRO CONDUIT CORP.
|
|
| Docket Date |
2019-04-29
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief
|
| On Behalf Of |
Dragados USA, Inc..
|
|
| Docket Date |
2019-04-29
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Brief
|
| On Behalf Of |
Dragados USA, Inc..
|
|
| Docket Date |
2019-04-17
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
| Description |
Order Granting EOT for Answer Brief ~ ORDERED that appellee's April 16, 2019 motion for extension of time is granted, and appellee shall serve the answer brief on or before April 29, 2019. In addition, appellee is notified that the failure to serve the brief within the time provided herein may foreclose appellee's right to file a brief or otherwise participate in this appeal.
|
|
| Docket Date |
2019-04-16
|
| Type |
Order
|
| Subtype |
Order on Motion To Dismiss
|
| Description |
ORD-Denying Aplee's Motion to Dismiss ~ Upon consideration of appellant’s March 26, 2019 response in opposition, it is ORDERED that appellee’s March 12, 2019 motion to dismiss appeal is denied without prejudice to raise these arguments in the answer brief.
|
|
| Docket Date |
2019-04-16
|
| 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 |
Dragados USA, Inc..
|
|
| Docket Date |
2019-04-01
|
| Type |
Order
|
| Subtype |
Order on Motion for Leave to File Reply
|
| Description |
Ord-Denying Leave to file Reply ~ Upon consideration of appellant’s March 29, 2019 response in opposition, it is ORDERED that appellee’s March 29, 2019 “motion for leave to file reply to appellant’s response in opposition to appellee’s motion to dismiss appeal” is denied.
|
|
| Docket Date |
2019-03-29
|
| Type |
Motions Other
|
| Subtype |
Motion for Leave to File Reply
|
| Description |
Motion for leave to file reply
|
| On Behalf Of |
Dragados USA, Inc..
|
|
| Docket Date |
2019-03-29
|
| Type |
Order
|
| Subtype |
Order on Motion to Appear Pro Hac Vice
|
| Description |
Ord-Leave to Appear Pro Hac Vice ~ ORDERED that the appellant’s March 27, 2019 verified motion for permission to appear pro hac vice is granted, and Mark C. De St. Aubin, Esquire, is permitted to appear in this appeal as counsel for appellant. Mark C. De St. Aubin, Esquire, is advised that this court does not send paper documents to attorneys and he or she shall register for this court’s eDCA system and the Florida Courts E-Filing Portal within five (5) days from the date of this order.
|
|
| Docket Date |
2019-03-29
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ TO MOTION FOR LEAVE TO FILE REPLY
|
| On Behalf Of |
HYDRO CONDUIT CORP.
|
|
| Docket Date |
2019-03-28
|
| Type |
Misc. Events
|
| Subtype |
Pro Hac Vice Fee Paid through Portal
|
| Description |
PRO HAC VICE FEE PAID THROUGH PORTAL
|
| On Behalf Of |
HYDRO CONDUIT CORP.
|
|
| Docket Date |
2019-03-28
|
| Type |
Order
|
| Subtype |
Order on Motion to Appear Pro Hac Vice
|
| Description |
Order to Pay Fee - Motion to appear pro hac vice ~ This court is in receipt of the verified motion for admission to appear pro hac vice filed March 27, 2019, further,ORDERED that Mark C. De St. Aubin, Esq., shall tender the $100 appearance fee required by section 35.22(2)(a), Fla. Stat. (2016), within ten (10) days from the date of the entry of this order. Upon so tendering the motion will be granted. The fee may be paid electronically through the Florida Courts E-Filing Portal – see the court’s website for details.
|
|
| Docket Date |
2019-03-27
|
| Type |
Motions Relating to Parties and Counsel
|
| Subtype |
Motion to Appear Pro Hac Vice
|
| Description |
Mot. to appear pro hac vice
|
| On Behalf Of |
HYDRO CONDUIT CORP.
|
|
| Docket Date |
2019-03-26
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ TO MOTION TO DISMISS APPEAL
|
| On Behalf Of |
HYDRO CONDUIT CORP.
|
|
| Docket Date |
2019-03-12
|
| Type |
Motions Other
|
| Subtype |
Motion To Dismiss
|
| Description |
Motion To Dismiss
|
| On Behalf Of |
Dragados USA, Inc..
|
|
| Docket Date |
2019-03-12
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix ~ TO MOTION TO DISMISS
|
| On Behalf Of |
Dragados USA, Inc..
|
|
| Docket Date |
2019-02-19
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice
|
| On Behalf Of |
HYDRO CONDUIT CORP.
|
|
| Docket Date |
2019-02-19
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Brief
|
| On Behalf Of |
HYDRO CONDUIT CORP.
|
|
| Docket Date |
2019-02-19
|
| Type |
Brief
|
| Subtype |
Amended Initial Brief
|
| Description |
Amended Appellant's Initial Brief
|
| On Behalf Of |
HYDRO CONDUIT CORP.
|
|
| Docket Date |
2019-02-14
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
Order Striking Appendix - Non-Compliance With R. 9.220 ~ ORDERED that the appellant's appendix to the initial brief is stricken as not in compliance with Florida Rule of Appellate Procedure 9.220(c), which was amended effective October 1, 2017, in that it was not properly indexed and consecutively paginated, beginning with the cover sheet as page 1, was not paginated so that the page numbers displayed by the PDF reader exactly match the pagination of the index, and was not bookmarked in compliance with Rule 9.220(c)(3). An amended appendix in compliance with Rule 9.220(c) shall be filed within two (2) days from the date of this order.
|
|
| Docket Date |
2019-02-12
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid Through Portal
|
| On Behalf Of |
HYDRO CONDUIT CORP.
|
|
| Docket Date |
2019-02-12
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
HYDRO CONDUIT CORP.
|
|
| Docket Date |
2019-02-12
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Brief ~ ***STRICKEN 2/14/19***
|
| On Behalf Of |
HYDRO CONDUIT CORP.
|
|
| Docket Date |
2019-01-31
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2019-01-31
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
HYDRO CONDUIT CORP.
|
|
| Docket Date |
2019-01-31
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2019-01-31
|
| 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.
|
|
|
|
ZURICH AMERICAN INSURANCE COMPANY, etc., VS JOHN CERNOGORSKY
|
3D2017-2707
|
2017-12-13
|
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
11-26813
|
Parties
| Name |
ZURICH AMERICAN INSURANCE COMPANY
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
ALEIDA M. MIELKE, DOUGLAS M. MCINTOSH, Hinda Klein, SAMUEL B. SPINNER, CARMEN Y. CARTAYA
|
|
| Name |
JOHN CERNOGORSKY
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Geoffrey B. Marks, HUGH H. BERNSTEIN, WILLIAM R. JONES, III, Jay M. Levy
|
|
| Name |
Hon. Pedro P. Echarte, Jr.
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Miami-Dade Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2018-09-21
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2018-09-21
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2018-09-05
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed - Per Curiam Affirmed
|
|
| Docket Date |
2018-09-05
|
| Type |
Motion
|
| Subtype |
Attorney's Fees
|
| Description |
Attorneys fees denied (OD47) ~ Upon consideration of appellant’s motion for appellate attorneys’ fees, it is ordered that said motion is hereby denied.
|
|
| Docket Date |
2018-08-15
|
| Type |
Misc. Events
|
| Subtype |
Oral Argument Date Set
|
| Description |
Oral Argument Date Set ~ 3DCA
|
|
| Docket Date |
2018-07-03
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant's Reply Brief
|
| On Behalf Of |
Zurich American Insurance Company
|
|
| Docket Date |
2018-06-13
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ to motion for attorney's fees
|
| On Behalf Of |
JOHN CERNOGORSKY
|
|
| Docket Date |
2018-06-13
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief
|
| On Behalf Of |
JOHN CERNOGORSKY
|
|
| Docket Date |
2018-06-13
|
| Type |
Notice
|
| Subtype |
Notice of Oral Argument
|
| Description |
Notice of Oral Argument
|
|
| Docket Date |
2018-05-18
|
| Type |
Notice
|
| Subtype |
Notice of Supplemental Authority
|
| Description |
Notice of Supplemental Authority
|
| On Behalf Of |
Zurich American Insurance Company
|
|
| Docket Date |
2018-05-11
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ AB-30 days to 6/13/18
|
|
| Docket Date |
2018-05-10
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Notice of Agreed Extension of Time
|
| On Behalf Of |
JOHN CERNOGORSKY
|
|
| Docket Date |
2018-05-09
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
JOHN CERNOGORSKY
|
|
| Docket Date |
2018-05-08
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Zurich American Insurance Company
|
|
| Docket Date |
2018-04-17
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion/Request for Oral Argument
|
| Description |
Request for Oral Argument
|
| On Behalf Of |
Zurich American Insurance Company
|
|
| Docket Date |
2018-04-17
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
|
| On Behalf Of |
Zurich American Insurance Company
|
|
| Docket Date |
2018-04-17
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
Zurich American Insurance Company
|
|
| Docket Date |
2018-04-12
|
| Type |
Record
|
| Subtype |
Supplemental Record
|
| Description |
Supplemental Records
|
|
| Docket Date |
2018-04-06
|
| Type |
Order
|
| Subtype |
Order on Motion to Supplement Record
|
| Description |
Clerk Ordered to Supplement Record (OG13A) ~ Appellant’s April 3, 2018 motion to supplement the record is granted, and the clerk of the trial court is directed to supplement the record on appeal with the transcripts as stated in said motion.
|
|
| Docket Date |
2018-04-03
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion to Supplement Record
|
| Description |
Motion to Supplement the Record
|
| On Behalf Of |
Zurich American Insurance Company
|
|
| Docket Date |
2018-03-21
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Zurich American Insurance Company
|
|
| Docket Date |
2018-03-16
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Clerk's notice granting eot (CLKEX) ~ IB-30 days to 4/14/18
|
|
| Docket Date |
2018-03-15
|
| 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 |
Zurich American Insurance Company
|
|
| Docket Date |
2018-02-22
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Record on Appeal
|
|
| Docket Date |
2018-02-14
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Clerk's notice granting eot (CLKEX) ~ IB-30 days to 3/15/18
|
|
| Docket Date |
2018-02-13
|
| 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 |
Zurich American Insurance Company
|
|
| Docket Date |
2017-12-20
|
| 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 ($300.00) dollar fee is paid to the Clerk of the Court on or before December 30, 2017.
|
|
| Docket Date |
2017-12-13
|
| 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 |
2017-12-13
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed ~ PRIOR CASE: 16-689
|
| On Behalf Of |
Zurich American Insurance Company
|
|
| Docket Date |
2017-12-13
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
|
|
ZURICH AMERICAN INSURANCE COMPANY,etc., VS PUCCINI, LLC, etc.
|
3D2017-0690
|
2017-03-29
|
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
16-6142
|
Parties
| Name |
ZURICH AMERICAN INSURANCE COMPANY
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
MICHAEL B. STEVENS, MARY GRECZ, SHIRLEY JEAN MCEACHERN, JON D. DERREVERE
|
|
| Name |
HON. BRONWYN C. MILLER
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Hon. Bertila Soto
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Miami-Dade Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
| Name |
PUCCINI, LLC
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
CARLOS M. LLORENTE, ROSS A. ROSENBERG, STEVEN P. BEFERA, GARY R. SHENDELL, PETER S. BAUMBERGER, H. WAYNE CLARK, JR., MICHELLE A. DELANCY
|
|
Docket Entries
| Docket Date |
2019-09-10
|
| Type |
Supreme Court
|
| Subtype |
Supreme Court Opinion
|
| Description |
Supreme Court Disposition ~ This cause having heretofore been submitted to the Court on jurisdictionalbriefs and portions of the record deemed necessary to reflect jurisdiction underArticle V, Section 3(b), Florida Constitution, and the Court having determined thatit should decline to accept jurisdiction, it is ordered that the petition for review isdenied.No motion for rehearing will be entertained by the Court. See Fla. R. App.P. 9.330(d)(2). (CORRECTED ORDER)
|
|
| Docket Date |
2019-05-13
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
NOTICE OF DISCRETN. JURISDICTN
|
|
| Docket Date |
2019-05-16
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
NOTICE OF DISCRETN. JURISDICTN ~ AMENDEDAMENDED NOTICE TO INVOKE DISCRETIONARY JURISDICTION1
|
|
| Docket Date |
2019-05-16
|
| Type |
Supreme Court
|
| Subtype |
Acknowledged Receipt from Supreme Court
|
| Description |
Acknowledged Receipt from Supreme Court
|
|
| Docket Date |
2019-05-13
|
| Type |
Supreme Court
|
| Subtype |
Notice to Invok. Disc. Jur. FSC
|
| Description |
Notice of Discretional Jurisdiction to Supreme Court
|
|
| Docket Date |
2019-05-10
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2019-04-17
|
| Type |
Order
|
| Subtype |
Order on Motion for Rehearing and Rehearing En Banc
|
| Description |
Treat EnBanc as Incl. Reh. & Deny(OD57H) ~ Upon consideration, appellee’s motion for rehearing en banc, or in the alternative, motion for certification is treated as having included a motion for rehearing. The motion for rehearing and motion for certification are denied. EMAS, C.J., and LOGUE and LINDSEY, JJ., concur. The motion for rehearing en banc is denied.
|
|
| Docket Date |
2019-04-17
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2019-03-27
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ APPELLANT'S RESPONSE IN OPPOSITION TO:
|
| On Behalf Of |
Zurich American Insurance Company
|
|
| Docket Date |
2019-03-19
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to File Response
|
| Description |
Ext-granted to respond to motion (OG01A) ~ Appellant’s second unopposed motion for extension of time to file a response to the appellee’s motion for rehearing en banc, or in the alternative, motion for certification served March 4, 2019 is granted to and including April 8, 2019.
|
|
| Docket Date |
2019-03-18
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to File Response
|
| Description |
Motion for Extension of Time to File Response ~ to motion for rehearing and rehearing en banc
|
| On Behalf Of |
Zurich American Insurance Company
|
|
| Docket Date |
2019-03-06
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to File Response
|
| Description |
Motion for Extension of Time to File Response ~ to motion for rehearing, rehearing en banc and certification
|
| On Behalf Of |
Zurich American Insurance Company
|
|
| Docket Date |
2019-03-04
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion for Rehearing En Banc
|
| Description |
Motion For Rehearing EN BANC ~ APPELLEE'S MOTION FOR REHEARING EN BANC, OR IN THE ALTERNATIVE,MOTION FOR CERTIFICATION
|
|
| Docket Date |
2019-02-22
|
| Type |
Order
|
| Subtype |
Order on Motion for Rehearing
|
| Description |
Extension granted to file rehearing (OG06) ~ Appellee’s unopposed motion for extension of time to file post- motions under Florida Rules of Appellate Procedure 9.330 and 9.331 is granted to and including March 4, 2019.
|
|
| Docket Date |
2019-02-19
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time
|
| Description |
Motion for Extension of Time ~ to file post-decision motions under Florida rules of Appellate procedure 9.330 and 9.331
|
|
| Docket Date |
2019-02-06
|
| Type |
Disposition by Opinion
|
| Subtype |
Reversed
|
| Description |
Reversed - Authored Opinion ~ and Remanded.
|
|
| Docket Date |
2017-09-20
|
| Type |
Misc. Events
|
| Subtype |
Oral Argument Date Set
|
| Description |
Oral Argument Date Set ~ 3rd DCA
|
|
| Docket Date |
2017-07-24
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant's Reply Brief
|
| On Behalf Of |
Zurich American Insurance Company
|
|
| Docket Date |
2017-07-17
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ RB 30 days to 8/29/17
|
|
| Docket Date |
2017-07-12
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Notice of Agreed Extension of Time
|
| On Behalf Of |
Zurich American Insurance Company
|
|
| Docket Date |
2017-07-11
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief
|
| On Behalf Of |
PUCCINI, LLC
|
|
| Docket Date |
2017-06-20
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Clerk's notice granting eot (CLKEX) ~ AB-20 days to 7/9/17
|
|
| Docket Date |
2017-06-19
|
| 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 |
PUCCINI, LLC
|
|
| Docket Date |
2017-06-15
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Record on Appeal
|
|
| Docket Date |
2017-05-30
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
Zurich American Insurance Company
|
|
| Docket Date |
2017-05-03
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion/Request for Oral Argument
|
| Description |
Motion For Oral Argument
|
| On Behalf Of |
Zurich American Insurance Company
|
|
| Docket Date |
2017-03-29
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
Zurich American Insurance Company
|
|
| Docket Date |
2017-03-29
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
| Docket Date |
2017-03-29
|
| 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 |
2019-03-07
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to File Response
|
| Description |
Ext-granted to respond to motion (OG01A) ~ Appellant’s corrected unopposed motion for extension of time to file a response to the appellee’s motion for rehearing en banc, or in the alternative, motion for certification served March 4, 2019 is granted to and including March 24, 2019.
|
|
|
|
ZURICH AMERICAN INSURANCE COMPANY VS JOHN CERNOGORSKY
|
3D2016-0689
|
2016-03-25
|
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
11-26813
|
Parties
| Name |
ZURICH AMERICAN INSURANCE COMPANY
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
DOUGLAS M. MCINTOSH, Hinda Klein, CARMEN Y. CARTAYA, Kimberly Kanoff Berman
|
|
| Name |
JOHN CERNOGORSKY
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Jay M. Levy, WILLIAM R. JONES, III, HUGH H. BERNSTEIN
|
|
| Name |
HON. JERALD BAGLEY
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Miami-Dade Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2017-01-13
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice ~ OF CLARIFICATION
|
| On Behalf Of |
Zurich American Insurance Company
|
|
| Docket Date |
2017-01-11
|
| Type |
Misc. Events
|
| Subtype |
Oral Argument Date Set
|
| Description |
Oral Argument Date Set ~ 3rd DCA
|
|
| Docket Date |
2017-01-10
|
| Type |
Notice
|
| Subtype |
Notice of Oral Argument
|
| Description |
Notice of Oral Argument ~ REVISED )(Time Change)
|
|
| Docket Date |
2016-12-08
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant's Reply Brief
|
| On Behalf Of |
Zurich American Insurance Company
|
|
| Docket Date |
2016-11-07
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Reply Brief
|
| Description |
Mot. for Extension of Time to File Reply Brief
|
| On Behalf Of |
Zurich American Insurance Company
|
|
| Docket Date |
2016-11-01
|
| Type |
Notice
|
| Subtype |
Notice of Oral Argument
|
| Description |
ORAL ARGUMENT RECEIPT ~ AE HUGH HARRIS BERNSTEIN 117440
|
| On Behalf Of |
JOHN CERNOGORSKY
|
|
| Docket Date |
2016-10-17
|
| Type |
Notice
|
| Subtype |
Notice of Oral Argument
|
| Description |
Notice of Oral Argument
|
|
| Docket Date |
2016-10-11
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief
|
| On Behalf Of |
JOHN CERNOGORSKY
|
|
| Docket Date |
2016-09-28
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Notice of Agreed Extension of Time
|
| On Behalf Of |
JOHN CERNOGORSKY
|
|
| Docket Date |
2016-09-28
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ AB-8 days to 10/6/16
|
|
| Docket Date |
2016-08-22
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Notice of Agreed Extension of Time
|
| On Behalf Of |
JOHN CERNOGORSKY
|
|
| Docket Date |
2016-08-22
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ AB-30 days to 9/28/16
|
|
| Docket Date |
2016-07-29
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ AB-30 days to 8/29/16
|
|
| Docket Date |
2016-07-28
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Notice of Agreed Extension of Time
|
| On Behalf Of |
JOHN CERNOGORSKY
|
|
| Docket Date |
2016-07-07
|
| Type |
Order
|
| Subtype |
Order on Motion to Supplement Record
|
| Description |
Mot to Supplement Rec w/attachment Granted (OG13) ~ Appellant¿s July 5, 2015 motion to supplement the record is granted, and the record on appeal is supplemented to include the documents filed in the appendix to the initial brief.
|
|
| Docket Date |
2016-07-07
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
|
| On Behalf Of |
Zurich American Insurance Company
|
|
| Docket Date |
2016-07-05
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion/Request for Oral Argument
|
| Description |
Request for Oral Argument
|
| On Behalf Of |
Zurich American Insurance Company
|
|
| Docket Date |
2016-07-05
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
Zurich American Insurance Company
|
|
| Docket Date |
2016-07-05
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion to Supplement Record
|
| Description |
Motion to Supplement the Record
|
| On Behalf Of |
Zurich American Insurance Company
|
|
| Docket Date |
2016-07-05
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix
|
| On Behalf Of |
Zurich American Insurance Company
|
|
| Docket Date |
2016-06-20
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Clerk's notice granting eot (CLKEX) ~ IB-15 days to 7/5/16
|
|
| Docket Date |
2016-06-17
|
| 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 |
Zurich American Insurance Company
|
|
| Docket Date |
2016-05-19
|
| Type |
Record
|
| Subtype |
Supplemental Record
|
| Description |
Supplemental Records ~ SUPPL VOLUME ( VI )
|
|
| Docket Date |
2016-05-18
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
Extension Granted for Initial Brief (OGO3) ~ CORRECTED ORDERAppellant¿s unopposed motion for extention of time to serve initial brief is granted to and including thirty (30) days from the date the record on appeal is supplemented.
|
|
| Docket Date |
2016-05-17
|
| 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 |
Zurich American Insurance Company
|
|
| Docket Date |
2016-05-12
|
| Type |
Order
|
| Subtype |
Order on Motion to Supplement Record
|
| Description |
Clerk Ordered to Supplement Record (OG13A) ~ Appellant¿s May 6, 2016 motion to supplement the record is granted, and the clerk of the trial court is directed to supplement the record on appeal with the trial transcripts as stated in said motion.
|
|
| Docket Date |
2016-05-11
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Record on Appeal ~ 5 VOLUMES.
|
|
| Docket Date |
2016-05-06
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion to Supplement Record
|
| Description |
Motion to Supplement the Record
|
| On Behalf Of |
Zurich American Insurance Company
|
|
| Docket Date |
2016-04-04
|
| 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 ($300.00) dollar fee is paid to the Clerk of the Court on or before April 14, 2016.
|
|
| Docket Date |
2016-03-29
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Zurich American Insurance Company
|
|
| Docket Date |
2016-03-28
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter ~ Acknowledgment of new case with attachments. ** The $300 filing fee for appeal is due.
|
|
| Docket Date |
2016-03-28
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
JOHN CERNOGORSKY
|
|
| Docket Date |
2016-03-25
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
| Docket Date |
2016-03-25
|
| Type |
Notice
|
| Subtype |
Notice of Appeal Transmittal Form
|
| Description |
Notice of Transmittal--NOA
|
| On Behalf Of |
Zurich American Insurance Company
|
|
| Docket Date |
2017-03-10
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2017-02-22
|
| Type |
Disposition by Opinion
|
| Subtype |
Reversed
|
| Description |
Reversed - Authored Opinion ~ and Remanded with instructions.
|
|
| Docket Date |
2017-02-22
|
| Type |
Order
|
| Subtype |
Order on Motion For Attorney's Fees
|
| Description |
Attorney Fees Granted (OG47) ~ Upon consideration of appellant's motion for appellate attorneys' fees, it is ordered that said motion is conditionally granted and remanded to the trial court to fix amount.
|
|
| Docket Date |
2016-11-08
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Reply Brief
|
| Description |
Extension granted to file reply brief (OG05) ~ Appellant¿s motion for an extension of time to file the reply brief is granted to and including thirty (30) days from the date of this order.
|
|
|
|
FALCONTRUST GROUP, INC., VS ZURICH AMERICAN INSURANCE CO., et al.,
|
3D2015-1194
|
2015-05-27
|
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
07-14016
|
Parties
| Name |
FALCONTRUST GROUP, INC.
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
John H. Pelzer, THOMAS R. BOLF
|
|
| Name |
ZURICH AMERICAN INSURANCE COMPANY
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
ZURICH U.S., ET AL.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
STACY J. RODRIGUEZ, PETER SOBOTA, CHRISTOPHER S. CARVER
|
|
| Name |
HON. JOHN W. THORNTON, JR.
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Miami-Dade Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2015-07-15
|
| Type |
Mandate
|
| Subtype |
Disp. w/o Mandate
|
| Description |
Disp w/o mandate
|
|
| Docket Date |
2015-07-15
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2015-07-15
|
| Type |
Disposition by Opinion
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Clerk
|
|
| Docket Date |
2015-07-15
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
Stipulation of Dismissal (DA11J) ~ ORDERED that the joint stipulation for voluntary dismissal is recognized by the Court, and this appeal and cross-appeal from the Circuit Court for Miami-Dade County, Florida are hereby dismissed.
|
|
| Docket Date |
2015-07-14
|
| Type |
Motions Other
|
| Subtype |
Motion/Notice Voluntary Dismissal
|
| Description |
Motion For Voluntary Dismissal
|
| On Behalf Of |
FALCONTRUST GROUP, INC.,
|
|
| Docket Date |
2015-05-27
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter ~ Acknowledgement of new case with attachments. The $300 filing fee for appeal and $295 Cross Appeal fee is due.
|
|
| Docket Date |
2015-05-27
|
| Type |
Notice
|
| Subtype |
Notice of Appeal Transmittal Form
|
| Description |
Notice of Transmittal--NOA
|
| On Behalf Of |
ZURICH U.S., ET AL.
|
|
| Docket Date |
2015-05-27
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
|
|
JOSH HOLLIDAY VS INFRASTRUCTURE CORPORATION OF AMERICA, ET AL.
|
SC2011-2381
|
2011-12-02
|
Closed
|
|
| Classification |
Discretionary Review - Notice to Invoke - Direct Conflict of Decisions
|
| Court |
Supreme Court of Florida
|
| Originating Court |
Unknown Court
09-016726NPP
Unknown Court
1D10-6831
|
Parties
| Name |
JOSH HOLLIDAY
|
| Role |
Petitioner
|
| Status |
Active
|
|
| Name |
ZURICH AMERICAN INSURANCE COMPANY
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
INFRASTRUCTURE CORPORATION OF AMERICA, INC.
|
| Role |
Respondent
|
| Status |
Active
|
| Representations |
H. GEORGE KAGAN
|
|
| Name |
Jon S. Wheeler
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2018-01-17
|
| Type |
Event
|
| Subtype |
File Destroyed
|
| Description |
FILE DESTROYED
|
|
| Docket Date |
2012-09-11
|
| Type |
Event
|
| Subtype |
Record Center
|
| Description |
RECORD CENTER ~ C00000201346
|
|
| Docket Date |
2012-02-09
|
| Type |
Order
|
| Subtype |
Extension of Time (Juris Brief)
|
| Description |
ORDER-EXT OF TIME DY (JURIS BRIEF) ~ Petitioner's motion for extension of time and motion for appointment of counsel are hereby denied as moot.
|
|
| Docket Date |
2012-01-24
|
| Type |
Motion
|
| Subtype |
Ext of Time (Juris Brief)
|
| Description |
MOTION-EXT OF TIME (JURIS BRIEF)
|
| On Behalf Of |
JOSH HOLLIDAY
|
|
| Docket Date |
2011-12-19
|
| Type |
Disposition
|
| Subtype |
**DISP-REV DISM NO JURIS (JACKSON/JENKINS)
|
| Description |
DISP-REV DISM NO JURIS (JACKSON/JENKINS) ~ Having determined that this Court is without jurisdiction, this case is hereby dismissed. See Jackson v. State, 926 So. 2d 1262 (Fla. 2006); Jenkins v. State, 385 So. 2d 1356 (Fla. 1980). No motion for rehearing will be entertained by this Court.
|
|
| Docket Date |
2011-12-16
|
| Type |
Event
|
| Subtype |
No Fee - Insolvent
|
| Description |
No Fee - Insolvent ~ INSOLVENT BELOW
|
|
| Docket Date |
2011-12-02
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
NI:No Fee - Insolvent
|
|
| Docket Date |
2011-12-02
|
| Type |
Notice
|
| Subtype |
Invoke Discretionary Jurisdiction
|
| Description |
NOTICE-DISCRETIONARY JURIS (DIRECT CONFLICT)
|
| On Behalf Of |
JOSH HOLLIDAY
|
|
|
