|
BLANCA INAMAGUA AND JULIO INAMAGUA VS FLORIDA INSURANCE GUARANTY ASSOCIATION AS THE STATUTORY INSURER FOR FEDNAT INSURANCE COMPANY
|
6D2024-0091
|
2024-01-11
|
Closed
|
|
| Classification |
NOA Non Final - Circuit Civil - Other
|
| Court |
6th District Court of Appeal
|
| Originating Court |
Circuit Court for the Ninth Judicial Circuit, Orange County
2021-CA-010485-O
|
Parties
| Name |
BLANCA INAMAGUA
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
SHANNON WONG, ESQ., JESSE LONG, ESQ.
|
|
| Name |
JULIO INAMAGUA
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
SHANNON WONG, ESQ., JESSE LONG, ESQ.
|
|
| Name |
FEDNAT INSURANCE COMPANY
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
FLORIDA INSURANCE GUARANTY ASSOCIATION
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
DOROTHY V. DIFIORE, ESQ., JACQUELINE ROSADO, ESQ.
|
|
| Name |
TIFFANY RUSSELL, CLERK
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
| Name |
Hon. Eric J. Netcher
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2024-01-29
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
FLORIDA INSURANCE GUARANTY ASSOCIATION
|
|
| Docket Date |
2024-01-11
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2024-05-21
|
| Type |
Motions Other
|
| Subtype |
Motion/Notice Voluntary Dismissal
|
| Description |
Motion/Notice Voluntary Dismissal
|
| On Behalf Of |
BLANCA INAMAGUA
|
|
| Docket Date |
2024-04-29
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
Appellants' motion for extension of time to serve their initial brief is granted. The initial brief shall be served on or before May 24, 2024. No further extensions will be granted absent extenuating circumstances.
|
| View |
View File
|
|
| Docket Date |
2024-04-19
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Initial Brief
|
| Description |
JOINT MOTION FOR EXTENSION OF TIME FOR APPELLANTS TO
SERVE INITIAL BRIEF
|
| On Behalf Of |
BLANCA INAMAGUA
|
|
| Docket Date |
2024-02-27
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Stipulation for Extension of Time ~ 60 - IB DUE 4/24/24 (LAST REQUEST)
|
| On Behalf Of |
BLANCA INAMAGUA
|
|
| Docket Date |
2024-02-27
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid through Portal
|
| On Behalf Of |
BLANCA INAMAGUA
|
|
| Docket Date |
2024-02-07
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter 1
|
|
| Docket Date |
2024-01-11
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed ~ WITH ORDER
|
| On Behalf Of |
BLANCA INAMAGUA
|
|
| Docket Date |
2024-11-04
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
| View |
View File
|
|
| Docket Date |
2024-08-07
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
Pursuant to the notice of voluntary dismissal filed May 21, 2024, this appeal is dismissed.
|
| View |
View File
|
|
| Docket Date |
2024-02-07
|
| Type |
Order
|
| Subtype |
Nonfinal Appeals
|
| Description |
nonfinal appeal order for initial brief ~ This proceeding is a nonfinal appeal, or an appeal of a specified finalorder, governed by Florida Rule of Appellate Procedure 9.130. The initial briefand appendix shall be served within twenty days of the date of this order. Theappellee(s) shall serve the answer brief(s) within thirty days of service of theinitial brief.
|
|
|
|
John Hamer and Heather Hamer, Appellant(s) v. Insurance Litigation Group, P.A., and Fednat Insurance Company, Appellee(s).
|
1D2023-2814
|
2023-11-03
|
Open
|
|
| Classification |
NOA Non Final - Circuit Civil - Other
|
| Court |
1st District Court of Appeal
|
| Originating Court |
Circuit Court for the Fourteenth Judicial Circuit, Bay County
19-3051-CA
|
Parties
| Name |
Heather Hamer
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
William Banton Price
|
|
| Name |
John Hamer
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
William Banton Price
|
|
| Name |
FEDNAT INSURANCE COMPANY
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Jana A Rauf
|
|
| Name |
Hon. Elijah Smiley
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Bay Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2024-10-01
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Reply Brief
|
| On Behalf Of |
Heather Hamer
|
| View |
View File
|
|
| Docket Date |
2024-09-18
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Reply Brief
|
| Description |
Order on Motion for Extension of Time to Serve Reply Brief
|
| View |
View File
|
|
| Docket Date |
2024-09-18
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Reply Brief
|
| Description |
Motion for Extension of Time to Serve Reply Brief
|
| On Behalf Of |
Heather Hamer
|
|
| Docket Date |
2024-08-31
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Answer Brief
|
| On Behalf Of |
Fednat Insurance Company
|
| View |
View File
|
|
| Docket Date |
2024-07-19
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
| Description |
Order on Motion for Extension of Time to Serve Answer Brief
|
| View |
View File
|
|
| Docket Date |
2024-07-19
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Answer Brief
|
| Description |
Motion for Extension of Time to Serve Answer Brief
|
| On Behalf Of |
Fednat Insurance Company
|
|
| Docket Date |
2024-06-28
|
| Type |
Order
|
| Subtype |
Order Discharging Show Cause Order
|
| Description |
Order Discharging Show Cause Order
|
| View |
View File
|
|
| Docket Date |
2024-06-27
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Answer Brief
|
| Description |
Motion for Extension of Time to Serve Answer Brief
|
| On Behalf Of |
Fednat Insurance Company
|
|
| Docket Date |
2024-06-13
|
| Type |
Record
|
| Subtype |
Amended Appendix
|
| Description |
Amended Appendix to Initial Brief
|
| On Behalf Of |
Heather Hamer
|
|
| Docket Date |
2024-06-12
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
Order Striking Filing
|
| View |
View File
|
|
| Docket Date |
2024-06-11
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Amended Appendix to Initial Brief
|
| On Behalf Of |
Heather Hamer
|
|
| Docket Date |
2024-06-10
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
Order Striking Filing
|
| View |
View File
|
|
| Docket Date |
2024-06-10
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Initial Brief
|
| On Behalf Of |
Heather Hamer
|
|
| Docket Date |
2024-06-10
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief
|
| On Behalf Of |
Heather Hamer
|
| View |
View File
|
|
| Docket Date |
2024-06-06
|
| Type |
Order
|
| Subtype |
Order to Serve Brief
|
| Description |
Order to Serve Brief
|
| View |
View File
|
|
| Docket Date |
2024-04-30
|
| Type |
Order
|
| Subtype |
Order Discharging Show Cause Order
|
| Description |
Order Discharging Show Cause Order
|
| View |
View File
|
|
| Docket Date |
2023-11-30
|
| Type |
Notice
|
| Subtype |
Amended Notice of Appeal
|
| Description |
Amended Notice of Appeal, orders attached
adding order dated 8/28/23
|
| On Behalf Of |
John Hamer
|
|
| Docket Date |
2023-11-22
|
| Type |
Order
|
| Subtype |
Order to Show Cause
|
| Description |
Order to Show Cause
|
| View |
View File
|
|
| Docket Date |
2023-11-09
|
| Type |
Misc. Events
|
| Subtype |
Docketing Statement
|
| Description |
Docketing Statement
|
| On Behalf Of |
John Hamer
|
|
| Docket Date |
2023-11-09
|
| Type |
Event
|
| Subtype |
Fee Paid in Full
|
| Description |
Fee Paid in Full
|
| View |
View File
|
|
| Docket Date |
2023-11-03
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal, order attached
|
| On Behalf Of |
John Hamer
|
|
| Docket Date |
2023-11-08
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
| View |
View File
|
|
|
|
COMPLETE RESTORATION OF CENTRAL FLORIDA, INC. A/A/O ROSA HERNANDEZ Appellant(s) v. FLORIDA INSURANCE GUARANTY ASSOCIATION, Appellee(s).
|
6D2023-1501
|
2022-09-27
|
Open
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
6th District Court of Appeal
|
| Originating Court |
Circuit Court for the Ninth Judicial Circuit, Orange County
2019-CA-000001-O
|
Parties
| Name |
Rosa Hernandez
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
COMPLETE RESTORATION OF CENTRAL FLORIDA, INC.
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
EARL I. HIGGS, JR., ESQ.
|
|
| Name |
FEDNAT INSURANCE COMPANY
|
| Role |
Appellee
|
| Status |
Withdrawn
|
| Representations |
Jill Denise Carabotta
|
|
| Name |
HON. REGINALD K. WHITEHEAD
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
TIFFANY RUSSELL, CLERK
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2025-01-08
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
The Court dismisses this case. Fla R. App. P. 9.350.
|
| View |
View File
|
|
| Docket Date |
2025-01-08
|
| Type |
Motions Other
|
| Subtype |
Motion/Notice Voluntary Dismissal
|
| Description |
Motion/Notice Voluntary Dismissal
|
| On Behalf Of |
Complete Restoration of Central Florida, Inc.
|
|
| Docket Date |
2025-01-03
|
| Type |
Order
|
| Subtype |
Order to Serve Brief
|
| Description |
Within ten days from the date of this order, Appellant shall serve an initial brief or, alternatively, file a response that shows cause why this appeal should not be dismissed for failing to timely serve an initial brief. If Appellant fails to file either an initial brief or a response within the time allowed, the Court may dismiss this case without further notice or opportunity to be heard. Fla. R. App. P. 9.410.
|
| View |
View File
|
|
| Docket Date |
2024-11-27
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
| Description |
30- IB DUE 12/27/2024
|
| On Behalf Of |
Complete Restoration of Central Florida, Inc.
|
|
| Docket Date |
2024-10-28
|
| Type |
Order
|
| Subtype |
Order on Motion For Substitution of Parties
|
| Description |
The motion to substitute Florida Insurance Guarantee Association (FIGA) as guarantor for Fednat Insurance Company as appellee in this appeal is granted. This court notes that all future certificates of service in this appeal should reflect additional service on FIGA at 300 S. Duval Street, Suite 410, Tallahassee FL 32301. The initial brief shall be served within thirty days from the date of this order.
|
| View |
View File
|
|
| Docket Date |
2024-08-22
|
| Type |
Order
|
| Subtype |
Order to File Response
|
| Description |
Florida Insurance Guaranty Association (FIGA) may file a response to Appellant's motion to substitute FIGA as appellee within fourteen days of this order.
|
| View |
View File
|
|
| Docket Date |
2024-08-12
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
APPELLANT'S MOTION TO SUBSTITUTE FIGA AS APPELLEE
|
| On Behalf Of |
Complete Restoration of Central Florida, Inc.
|
|
| Docket Date |
2024-08-06
|
| Type |
Order
|
| Subtype |
Order Discharging Show Cause Order
|
| Description |
This Court has reviewed Attorney Earl Higgs' response to this Court's order to show cause. Counsel acknowledges his involvement with this appeal from its inception but blames his failure to respond to this Court's orders before June 6, 2024, because he did not update his old law firm's email address. He concedes receiving this Court's order dated June 6, 2024, and failing to respond based on an inability to contact his client and a calendaring error. This Court notes that counsel's actions fall below the appropriate level of practice expected in this Court, and it trusts that counsel's future behavior in this and the other actions in which he appears shall meet or exceed necessary standards. With this admonishment, this Court discharges its order to show cause and cancels the sanctions hearing scheduled for August 15, 2024. This Court declines to accept counsel's invitation to relinquish jurisdiction to the trial court to amend trial court pleadings to substitute the Florida Insurance Guaranty Association ("FIGA") in place of appellee, Fednat Insurance Company ("Fednat"). But it will accept a proper motion to substitute FIGA for Fednat in this case that is served on FIGA and Fednat and that represents that the six-month automatic FIGA stay has expired. See § 631.67, Fla. Stat. This motion, or alternatively, a status report explaining why such motion is inappropriate (e.g., the FIGA stay has been extended and remains in place) shall be filed within five days. Upon substitution of FIGA, Appellant shall promptly comply with its burden to ensure that the record is prepared and transmitted in accordance with rule 9.200. See Fla. R. App. P. 9.200(e).
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| View |
View File
|
|
| Docket Date |
2024-08-01
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Fednat Insurance Company
|
|
| Docket Date |
2024-07-30
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
APPELLANT'S RESPONSE TO ORDER TO SHOW CAUSE DATED JULY 24, 2024
|
| On Behalf Of |
Complete Restoration of Central Florida, Inc.
|
|
| Docket Date |
2024-07-24
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Appellant, Complete Restoration of Central Florida, Inc., a/a/o Rosa Hernandez ("Appellant"), through its counsel, Earl I. Higgs, Jr., appealed a final judgment dated August 22, 2022, to the Fifth District Court of Appeal. On October 12, 2022, appellee, Fednat Insurance Company ("Appellee"), filed a notice of automatic and permanent stay due to its liquidation. It also notified the Fifth District of a mandatory six-month minimum stay as to the Florida Insurance Guaranty Association ("FIGA"). On October 20, 2022, the Fifth District directed Appellant to file a response to Appellee's notice within ten days, "specifically addressing: 1) whether the instant appeal can proceed as to [Appellee], given Appellee's liquidation; 2) whether and under what circumstances the court has jurisdiction to proceed; and 3) any other matters in response to the Notice." Appellant never responded.
|
| View |
View File
|
|
| Docket Date |
2024-06-06
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Within ten days, Appellant shall file a report on the status of the bankruptcy proceeding in this case, or Appellant will risk sanctions.
|
| View |
View File
|
|
| Docket Date |
2023-10-30
|
| Type |
Order
|
| Subtype |
Order to File Response
|
| Description |
ORD-TO FILE RESPONSE ~ Attorney Earl Higgs, Jr., has not responded to this court's May 19, 2023, order directing a status report. Attorney Higgs shall respond to that order within 10 days of the date of the present order or he risks sanctions, including a possible show-cause hearing before the court.
|
|
| Docket Date |
2023-05-19
|
| Type |
Order
|
| Subtype |
Order to File Status Report
|
| Description |
Status report due within * days ~ Within ten days from the date of this order, Appellant must file a status report pursuant to the court order dated November 8, 2022.
|
|
| Docket Date |
2023-01-03
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter 1
|
|
| Docket Date |
2022-12-30
|
| Type |
Disposition by Order
|
| Subtype |
Transferred
|
| Description |
ORD-TRANSFER TO ANOTHER COURT
|
|
| Docket Date |
2022-11-08
|
| Type |
Order
|
| Subtype |
Order re Stay
|
| Description |
ORD-CASE STAYED PENDING BANKRUPTCY ~ Upon consideration the "Notice of Filing Consent Order of Liquidation . . . ," filed October 12, 2022, it is ORDERED that this appeal is stayed until April 12, 2023. Appellant shall file a status report by April 27, 2023, advising this Court of the status of the proceedings including whether an amended claim has been filed against the Florida Insurance Guaranty Association.
|
|
| Docket Date |
2022-10-27
|
| Type |
Order
|
| Subtype |
Order Discharging Show Cause Order
|
| Description |
ORD-DISCHARGING SHOW CAUSE ~ Upon consideration that the statutory filing fee has now been satisfied, it is ORDERED that this Court's October 19, 2022, Order to Show Cause is discharged.
|
|
| Docket Date |
2022-10-24
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid through Portal
|
|
| Docket Date |
2022-10-20
|
| Type |
Order
|
| Subtype |
Order to File Response
|
| Description |
ORD-TO FILE RESPONSE ~ ORDERED that Appellant shall, within ten days of the date hereof, file a response to the "Notice of Filing Consent Order of Liquidation . . . , " filed October 12, 2022, specifically addressing: 1) whether the instant appeal can proceed as to Appellee, FedNat Insurance Company, given Appellee's liquidation; 2) whether and under what circumstances this Court has jurisdiction to proceed; and 3) any other matters in response to the Notice.
|
|
| Docket Date |
2022-10-19
|
| Type |
Order
|
| Subtype |
Order to Show Cause
|
| Description |
STATE SHOW CAUSE WHY RELIEF NOT GRANTED ~ ORDERED that Appellant shall, within ten days from the date hereof, show cause why the appeal should not be dismissed for failure to comply with this Court's Order of September 27, 2022, regarding satisfaction of the statutory filing fee requirement.
|
|
| Docket Date |
2022-10-12
|
| Type |
Notice
|
| Subtype |
Notice of Filing
|
| Description |
Notice of Filing ~ CONSENT ORDER OF LIQUIDATION, NOTICE OF AUTOMATIC AND PERMANENT STAY AS TO FEDNAT INSURANCE COMPANY AND MANDATORY SIX MONTH MINIMUM STAY AS TO THE FLORIDA INSURANCE GUARANTY ASSOCIATION
|
| On Behalf Of |
Fednat Insurance Company
|
|
| Docket Date |
2022-09-27
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
AFFIDAVIT OF INSOLVENCY IS INSUFFICIENT ~ Inasmuch as Appellant commenced the above-styled cause by thefiling of a Notice of Appeal in the lower court on September 19, 2022, butwithout the entry of an order of insolvency for appeal purposes or paymentof the statutory filing fee, it isORDERED that Appellant shall, within twenty (20) days of the dateof this Order, either file a certified copy of a lower court order of insolvencyfor appellate court purposes, as required by Florida Rule of AppellateProcedure 9.430, or pay to this Court the filing fee of THREE HUNDREDDOLLARS ($300.00) pursuant to Florida Rules of Appellate Procedure9.110(b) or 9.130(b) and Section 35.22, Florida Statutes. The filing fee isdue and payable at the time of filing REGARDLESS WHETHER THEAPPEAL IS LATER DISMISSED VOLUNTARILY OR ADVERSELY. Noextensions of time for payment will be entertained. Payment may be madeby credit card only via the statewide portal(https://www.myflcourtaccess.com/), for which there will be a servicecharge.1 Alternatively, payment may be made by cash, money order, orcheck. The money order or check should be made out to "Fifth DistrictCourt of Appeal" and mailed to 300 S. Beach Street, Daytona Beach, FL32114. It is further ORDERED that this case will not progress until this Order has been complied with and failure to comply with this Order may result in dismissal of this appeal sua sponte and without further notice. This Order does not toll the filing deadlines contained in the appellate rules.
|
|
| Docket Date |
2022-09-27
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2022-09-27
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed ~ FILED BELOW 9/19/22
|
| On Behalf Of |
Complete Restoration of Central Florida, Inc.
|
|
| Docket Date |
2022-09-27
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter 1
|
|
|
|
COMPLETE RESTORATION OF CENTRAL FLORIDA, INC. A/A/O ROSA HERNANDEZ VS FEDNAT INSURANCE COMPANY
|
5D2022-2333
|
2022-09-27
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
5th District Court of Appeal
|
| Originating Court |
Circuit Court for the Ninth Judicial Circuit, Orange County
2019-CA-000001-O
|
Parties
| Name |
COMPLETE RESTORATION OF CENTRAL FLORIDA, INC.
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Earl I. Higgs, Jr.
|
|
| Name |
Rosa Hernandez
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
FEDNAT INSURANCE COMPANY
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Jill Denise Carabotta
|
|
| Name |
Hon. Reginald K. Whitehead
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Orange Cty Circuit Ct Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2024-06-28
|
| Type |
Mandate
|
| Subtype |
Disp. w/o Mandate
|
| Description |
Disp. w/o Mandate
|
|
| Docket Date |
2023-01-01
|
| Type |
Disposition by Opinion
|
| Subtype |
Transferred
|
| Description |
Transferred - Order by Clerk ~ TRANSFER TO 6th DCA
|
|
| Docket Date |
2022-12-30
|
| Type |
Disposition by Order
|
| Subtype |
Transferred
|
| Description |
Ord-Transfer to Sixth DCA
|
|
| Docket Date |
2022-11-08
|
| Type |
Order
|
| Subtype |
Order re Stay
|
| Description |
ORD-Case Stayed ~ UNTIL 4/12; AA SHALL FILE A STATUS REPORT BY 4/27
|
|
| Docket Date |
2022-10-27
|
| Type |
Order
|
| Subtype |
Order Discharging Show Cause Order
|
| Description |
ORD-Discharging Show Cause
|
|
| Docket Date |
2022-10-24
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
CASE FILING FEE PAID THROUGH PORTAL
|
|
| Docket Date |
2022-10-20
|
| Type |
Order
|
| Subtype |
Order to File Response
|
| Description |
ORD-To File Response ~ AA W/IN 10 DYS FILE RESPONSE TO NTC OF FILING CONSENT...
|
|
| Docket Date |
2022-10-19
|
| Type |
Order
|
| Subtype |
Order to Show Cause
|
| Description |
Order to Show Cause - Filing Fee ~ AA W/IN 10 DYS
|
|
| Docket Date |
2022-10-12
|
| Type |
Notice
|
| Subtype |
Notice of Filing
|
| Description |
Notice of Filing ~ CONSENT ORDER OF LIQUIDATION, NOTICE OF AUTOMATIC AND PERMANENT STAY AS TO FEDNAT INSURANCE COMPANY AND MANDATORY SIX MONTH MINIMUM STAY AS TO THE FLORIDA INSURANCE GUARANTY ASSOCIATION
|
| On Behalf Of |
Fednat Insurance Company
|
|
| Docket Date |
2022-09-27
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed ~ FILED BELOW 9/19/22
|
| On Behalf Of |
Complete Restoration of Central Florida, Inc.
|
|
| Docket Date |
2022-09-27
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2022-09-27
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgement Letter 1
|
|
| Docket Date |
2022-09-27
|
| Type |
Order
|
| Subtype |
Mediation Letter to LT
|
| Description |
Mediation Letter to L.T.
|
|
|
|
PEOPLES GAS SYSTEM, a division of TAMPA ELECTRIC COMPANY VS UNIVERSAL PROPERTY & CASUALTY INSURANCE, et al.
|
4D2022-2241
|
2022-08-16
|
Closed
|
|
| Classification |
Original Proceedings - Circuit Civil - Certiorari
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
CACE20-90000
|
Parties
| Name |
PEOPLES GAS SYSTEM, INC.
|
| Role |
Petitioner
|
| Status |
Active
|
| Representations |
Reid A. Cocalis, Martin E. Burke, Brandon Faulkner, Adam D. Griffin, Stacy Delayne Blank, Geneva K. Hernandez, Timothy C. Conley
|
|
| Name |
TAMPA ELECTRIC COMPANY
|
| Role |
Petitioner
|
| Status |
Active
|
|
| Name |
Jonathan Jackson
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
Candice Mellon
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
C.G., a minor
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
Farideh Ashmadi-Assil
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
JEON'S KOREAN MARTIAL ARTS INC
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
Luis Penate
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
Justin Housen
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
Matthew Seese
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
Fernando Feijoo
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
Dominic Dattilio
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
Amanda Furar
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
Hemali Patel
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
LIBERTY MUTUAL CORPORATION
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
Leilla Blackwell
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
Jill Solich
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
Joseph Wolph
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
Amanda Kobernick
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
TAKKA TAKKA TOO, LLC
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
Kara Ann Schroeder
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
Fathi Ibrahim
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
Plantation Smoothie
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
Teri Dattilio
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
Ana Pulido
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
Tania Lance
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
Ana Naya Perez
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
TELLES SERVICES, LLC
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
Sheldon Peterson
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
Inez Slijngard
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
Dhanpat Jassodra
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
Humberto DeMarco
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
WESTPORT, INC.
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
CHRISTOPHER SCOTT LLC
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
Jamie Ramirez
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
Nathan Lake
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
Genevieve Manzoni
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
AVITRAN, LLC
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
Michael Boswell
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
Jae Chun
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
Jose Larrauri
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
Toan Loung
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
Penny Green
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
PHILLIP YEROU LLC
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
Antonio Rios
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
NATIONWIDE LLC
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
Freddy Malpartida
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
Carolina Sassi
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
Universal Property & Casualty Insurance Corporation
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
Shaina Webster
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
Gregory Davenport
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
Donald Sapperstein
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
Zurich Carrabba's Subro
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
Kimberly Wilbanks
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
Bridget Oare
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
Ryan Sewell
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
Abbie Bryan
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
Nestor Amaya
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
Jean Bellot
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
Ethan Jackson
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
Ann Hunt
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
MICHAEL STEWART, LLC
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
Locust Gardens and Edens
|
| Role |
Respondent
|
| Status |
Active
|
| Representations |
Sanaz Alempour, Donald J. Ward, III, Miriam Fresco Agrait, Alyson Holob, Samuel A. Coffey, Daniel L. Monfiston, Matthew Peaire, Sean Goldstein, Andrew Horn, Gina Clausen Lozier, Robert C. Solomon, Wayne S. Koppel, Demi Halmoukos Sims, Christopher S. Russomanno, Erin M. Raschke, Herman J. Russomanno, Jaimie Quinn, Kenneth W. Waterway, Jonathan M. Midwall, Danitza Gonzalez, Jose Aguirre, Thomas H. Leeder, Mary Grecz, Olga Butkevich, James G. Graver, Sean P. Ravenel, Glen B. Levine, Eric M. Ellsley, Bradley Winston, Kevin Mulet, Blake Dolman, Michael B. Stevens, Joseph N. Nusbaum, Richard J. Maleski, Thomas E. Buser, Andres Baltodano, Jeffrey A. Adelman, Steffani Russo, Beth Feder, Mary Jo Kuusela, Michael T. Gelety, Stephen Cameron, Denise H. Georges, Candace D. Korthals, Andrew R. Smith, Karen B. Parker, Jourdan Weltman, Robert John Borrello, Justin Jaffe, Zachary A. Landes, Jeffrey V. Mansell, Daniel J. Santaniello, Zachary J. Brewer, Julian Geraci, Debi F. Chalik, Philip M. Burlington, Michael T. Lewenz, Joseph J. Kalbac, Madelyn Rodriguez, Jonathan S. Burns
|
|
| Name |
FEDNAT INSURANCE COMPANY
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
Pernell Johnson
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
Zurich, Travelers, Tokio, Liberty, Ace, Interstate, XL
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
Jolie (Hiep) Van
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
Shakia Curry
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
Van Brothers
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
FACILITIES PRO-SWEEP, INC.
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
Carolina Luna
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
LA Fitness, LLC
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
Anjelica Salazar
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
Pnina Cohen
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
Robert Shanley
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
FACILITIES CLEANING & MAINTENANCE, INC.
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
Kyle Hill
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
Tomeika Johnson
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
Nyree Penn
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
Hon. Patti Englander Henning
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
FLORIDA SUPREME COURT CLERK
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
| Name |
Clerk - Broward
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2022-11-03
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response
|
| On Behalf Of |
Locust Gardens and Edens
|
|
| Docket Date |
2022-11-14
|
| Type |
Response
|
| Subtype |
Reply to Response
|
| Description |
Reply to Response
|
| On Behalf Of |
Peoples Gas System
|
|
| Docket Date |
2022-11-03
|
| Type |
Record
|
| Subtype |
Appendix to Response
|
| Description |
Appendix to Response
|
| On Behalf Of |
Locust Gardens and Edens
|
|
| Docket Date |
2023-04-13
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2023-06-26
|
| Type |
Supreme Court
|
| Subtype |
Supreme Court Miscellaneous
|
| Description |
Supreme Court Disposition ~ SC23023-0664
|
|
| Docket Date |
2023-06-09
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2023-05-22
|
| Type |
Order
|
| Subtype |
Order on Motion to Stay Issuance of Mandate
|
| Description |
Order Denying Motion to Stay Issue Mandate ~ ORDERED that the petitioner's April 27, 2023 motion to stay issuance of the mandate is denied.
|
|
| Docket Date |
2023-05-12
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ TO PETITIONER'S MOTION TO STAY ISSUANCE OF MANDATE
|
| On Behalf Of |
Locust Gardens and Edens
|
|
| Docket Date |
2023-05-11
|
| Type |
Supreme Court
|
| Subtype |
Acknowledged Receipt from Supreme Court
|
| Description |
Ack. Receipt from Supreme Court ~ SC2023-0664
|
|
| Docket Date |
2023-05-11
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice sent to the Supreme Court
|
|
| Docket Date |
2023-05-10
|
| Type |
Supreme Court
|
| Subtype |
Notice to Invok. Disc. Jur. FSC
|
| Description |
Notice of Discretionary Jurisdiction to Supreme Court
|
| On Behalf Of |
Peoples Gas System
|
|
| Docket Date |
2023-04-27
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion To Stay Issuance of Mandate
|
| Description |
Motion To Stay Issuance of Mandate
|
| On Behalf Of |
Peoples Gas System
|
|
| Docket Date |
2023-04-13
|
| Type |
Order
|
| Subtype |
Order on Motion for Rehearing En Banc
|
| Description |
Order Denying Rehearing En Banc ~ ORDERED that petitioner's March 2, 2023 motion for rehearing, rehearing en banc, certification, or in the alternative, for a written opinion is denied. Certiorari is a discretionary writ whose issuance lies within the judicial discretion of the appellate court. Combs v. State, 436 So. 2d 93, 95-96 (Fla. 1983). In this case, the trial court properly bifurcated the issues permitting Universal to inquire into the facts but prohibiting inquiry into the refining, synthesizing, or use of the information gathered at the request of counsel. “[T]he work product concept furnishes no shield against discovery, by interrogatories or by deposition, of the facts that the adverse party's lawyer has learned, or the persons from whom he has learned such facts.” Grinnell Corp. v. Palms 2100 Ocean Blvd., Ltd., 924 So. 2d 887, 894 (Fla. 4th DCA 2006) (quoting Ford v. Philips Elecs. Instruments Co., 82 F.R.D. 359, 360 (E.D. Pa.1979)). Therefore, all motions are denied.DAMOORGIAN and LEVINE, JJ., concur.WARNER, J. dissenting on rehearing.I would grant rehearing and grant the petition for writ of certiorari. The petition seeks to quash the order compelling a witness to disclose fact work product obtained as a result of attorney-directed investigation in anticipation of litigation. Such work product is protected and is discoverable on a showing of need and undue hardship. See S. Bell Tel. & Tel. Co. v. Deason, 632 So. 2d 1377, 1384 (Fla. 1994); Heartland Express, Inc., of Iowa v. Torres, 90 So. 3d 365, 367 (Fla. 1st DCA 2012). The trial court did not determine whether respondent had met her burden of showing undue hardship. See e.g. Millard Mall Servs. v. Bolda, 155 So. 3d 1272 (Fla. 4 DCA 2015). I would grant the petition, quash the order, and direct the trial court to determine whether respondent has satisfied its burden of showing that it cannot obtain the equivalent discovery through other means without undue hardship. Fla. R. Civ. P. 1.280(b)(4).
|
|
| Docket Date |
2023-03-17
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ TO MOTION FOR REHEARING
|
| On Behalf Of |
Locust Gardens and Edens
|
|
| Docket Date |
2023-03-02
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion for Rehearing
|
| Description |
Motion for Rehearing / Rehearing En Banc
|
| On Behalf Of |
Peoples Gas System
|
|
| Docket Date |
2023-02-15
|
| Type |
Order
|
| Subtype |
Order on Motion/Request for Oral Argument
|
| Description |
Order Denying Oral Argument ~ ORDERED that petitioner Peoples Gas System, a division of Tampa Electric Company’s November 14, 2022 request for oral argument is denied.
|
|
| Docket Date |
2023-02-15
|
| Type |
Disposition (SC)
|
| Subtype |
Denied
|
| Description |
Denied - Citation
|
|
| Docket Date |
2022-12-15
|
| Type |
Notice
|
| Subtype |
Notice of Supplemental Authority
|
| Description |
Notice of Supplemental Authority
|
| On Behalf Of |
Locust Gardens and Edens
|
|
| Docket Date |
2022-11-14
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion/Request for Oral Argument
|
| Description |
Request for Oral Argument
|
| On Behalf Of |
Peoples Gas System
|
|
| Docket Date |
2022-10-24
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to File Response
|
| Description |
Grant EOT to file Response ~ ORDERED that respondents’ October 21, 2022 motion for extension of time is granted, and the time for filing a response is extended ten (10) days from the current due date.
|
|
| Docket Date |
2022-10-21
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to File Response
|
| Description |
Motion for Extension of Time to File Response
|
| On Behalf Of |
Locust Gardens and Edens
|
|
| Docket Date |
2022-09-30
|
| Type |
Order
|
| Subtype |
Show Cause re Petition
|
| Description |
ORD-Writs Show Cause with Reply ~ ORDERED that respondent shall file a response within twenty (20) days and show cause why the petition for writ of certiorari should not be granted. Petitioner may file a reply within ten (10) days of service of the response.
|
|
| Docket Date |
2022-08-26
|
| Type |
Response
|
| Subtype |
Reply to Response
|
| Description |
Reply to Response
|
| On Behalf Of |
Peoples Gas System
|
|
| Docket Date |
2022-08-23
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response
|
| On Behalf Of |
Locust Gardens and Edens
|
|
| Docket Date |
2022-08-23
|
| Type |
Record
|
| Subtype |
Appendix to Response
|
| Description |
Appendix to Response
|
| On Behalf Of |
Locust Gardens and Edens
|
|
| Docket Date |
2022-08-17
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Writ of Certiorari / Acknowledgment letter
|
|
| Docket Date |
2022-08-16
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2022-08-16
|
| Type |
Petition
|
| Subtype |
Petition Certiorari
|
| Description |
Petition for Certiorari Filed ~ *Filing Fee Paid Through Portal*
|
| On Behalf Of |
Peoples Gas System
|
|
| Docket Date |
2022-08-16
|
| Type |
Record
|
| Subtype |
Appendix to Petition
|
| Description |
Appendix to Petition
|
|
|
