Docket Date |
2017-03-13
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Type |
Order
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Subtype |
Order on Motion For Review
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Description |
Order Denying Motion For Review ~ This court ordered on June 10, 2016, that "Appellant's motion for attorney's fees pursuant to section 627.428, Florida Statutes (2012) is granted in an amount to be determined by the trial court." Appellee did not timely seek clarification or rehearing on the order. On February 1, 2017, the circuit court issued a fee judgment. Accordingly, Appellee's February 13, 2017, motion for review of this court's June 10, 2016, order must be denied. See Fla. Dep’t of Transp. v. Juliano, 801 So. 2d 101, 106 (Fla. 2001); Tiede v. Satterfield, 870 So. 2d 225, 227-28 (Fla. 2d DCA 2004). Appellant filed a motion on February 17, 2017, for attorney's fees under section 627.428(1), Florida Statutes, for time spent responding to Appellant's motion for review of the June 10, 2016, order. That motion is granted in an amount to be determined by the trial court. "[A]ttorney's fees may properly be awarded under section 627.428 for litigating the issue of entitlement to attorney's fees," State Farm Fire & Cas. Co. v. Palma, 629 So. 2d 830, 833 (Fla. 1993), but not for litigating the amount, Oquendo v. Citizens Prop. Ins. Corp., 998 So. 2d 636, 637 (Fla. 3d DCA 2008).
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Docket Date |
2017-02-17
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Type |
Response
|
Subtype |
Response
|
Description |
RESPONSE ~ RESPONSE TO MOTION FOR REVIEW OF APPELLATE FEE ORDER
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On Behalf Of |
START TO FINISH RESTORATION
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Docket Date |
2017-02-17
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Type |
Motions Relating to Attorney Fees/Costs
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Subtype |
Motion For Attorney's Fees
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Description |
Motion For Attorney's Fees ~ MOTION FOR ATTORNEYS FEES
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On Behalf Of |
START TO FINISH RESTORATION
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Docket Date |
2017-02-17
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Type |
Record
|
Subtype |
Appendix to Response
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Description |
APPENDICES /ATTACHMENTS TO RESPONSE ~ APPENDIX TO RESPONSE TO MOTION FOR REVIEW OF APPELLATE FEE ORDER
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On Behalf Of |
START TO FINISH RESTORATION
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Docket Date |
2017-02-13
|
Type |
Record
|
Subtype |
Appendix to Motion
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Description |
ALL OTHER MOTIONS APPENDIX/ATTACHMENT ~ TO APPELLEES' MOTION FOR REVIEW OF TRIAL COURT ORDER ON REMAND AWARDING APPELLATE ATTORNEY'S FEES AND COSTS
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On Behalf Of |
HOMEOWNERS CHOICE PROPERTY &
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Docket Date |
2017-02-13
|
Type |
Motions Other
|
Subtype |
Motion For Review
|
Description |
Motion For Review ~ OF TRIAL COURT ORDER ON REMAND AWARDING APPELLATE ATTORNEY'S FEES AND COSTS
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On Behalf Of |
HOMEOWNERS CHOICE PROPERTY &
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Docket Date |
2016-07-08
|
Type |
Misc. Events
|
Subtype |
West Publishing
|
Description |
West Publishing
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Docket Date |
2016-07-06
|
Type |
Mandate
|
Subtype |
Mandate
|
Description |
Mandate
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Docket Date |
2016-06-10
|
Type |
Order
|
Subtype |
Order on Motion For Attorney's Fees
|
Description |
Attorneys Fees/Deny/Appellee ~ Appellant's motion for attorney's fees pursuant to section 627.428, Florida Statutes (2012) is granted in an amount to be determined by the trial court.Appellee's motion for attorney's fees pursuant to Rules 9.400 and 9.410, Florida Rules of Appellate Procedure and section 57.105, Florida Statutes, is denied.
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Docket Date |
2016-06-10
|
Type |
Disposition by Opinion
|
Subtype |
Reversed
|
Description |
Reversed - Authored Opinion ~ and remanded.
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Docket Date |
2016-05-20
|
Type |
Notice
|
Subtype |
Notice of Appeal
|
Description |
Notice of Appeal Filed ~ DUPLICATE
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Docket Date |
2016-04-27
|
Type |
Misc. Events
|
Subtype |
Oral Argument Date Set
|
Description |
Oral Argument Date Set ~ Tampa
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Docket Date |
2016-04-25
|
Type |
Notice
|
Subtype |
Notice of Supplemental Authority
|
Description |
Notice of Supplemental Authority
|
On Behalf Of |
START TO FINISH RESTORATION
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Docket Date |
2016-02-10
|
Type |
Notice
|
Subtype |
Notice of Supplemental Authority
|
Description |
Notice of Supplemental Authority
|
On Behalf Of |
START TO FINISH RESTORATION
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Docket Date |
2016-02-08
|
Type |
Order
|
Subtype |
Order
|
Description |
MISCELLANEOUS ORDER ~ removing from OA of 2/24/16
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Docket Date |
2015-11-25
|
Type |
Brief
|
Subtype |
Reply Brief
|
Description |
Appellant Reply Brief
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On Behalf Of |
START TO FINISH RESTORATION
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Docket Date |
2015-11-06
|
Type |
Motions Relating to Attorney Fees/Costs
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Subtype |
Motion For Attorney's Fees
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Description |
Motion For Attorney's Fees
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On Behalf Of |
HOMEOWNERS CHOICE PROPERTY &
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Docket Date |
2015-11-06
|
Type |
Motions Relating to Oral Argument
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Subtype |
Motion/Request for Oral Argument
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Description |
Request for Oral Argument
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On Behalf Of |
HOMEOWNERS CHOICE PROPERTY &
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Docket Date |
2015-11-06
|
Type |
Brief
|
Subtype |
Answer Brief
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Description |
Appellee Answer Brief ~ ANSWER BRIEF OF APPELLEE, HOMEOWNERS CHOICE PROPERTY & CASUALTY INSURANCE COMPANY
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On Behalf Of |
HOMEOWNERS CHOICE PROPERTY &
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Docket Date |
2015-10-16
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
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Description |
grant eot for AB - unlikely ~ JT
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Docket Date |
2015-10-07
|
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 |
HOMEOWNERS CHOICE PROPERTY &
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Docket Date |
2015-09-10
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
Description |
ORDER GRANTING EOT FOR ANSWER BRIEF ~ JT
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Docket Date |
2015-09-10
|
Type |
Motions Extensions
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Subtype |
Motion for Extension of Time to Serve Answer Brief
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Description |
Mot. for Extension of time to file Answer Brief ~ second
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On Behalf Of |
HOMEOWNERS CHOICE PROPERTY &
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Docket Date |
2015-09-08
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
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Description |
ORDER GRANTING EOT FOR ANSWER BRIEF ~ VH
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Docket Date |
2015-08-24
|
Type |
Motions Extensions
|
Subtype |
Motion for Extension of Time to Serve Answer Brief
|
Description |
Mot. for Extension of time to file Answer Brief
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On Behalf Of |
HOMEOWNERS CHOICE PROPERTY &
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Docket Date |
2015-08-19
|
Type |
Order
|
Subtype |
Order
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Description |
Miscellaneous Order ~ CM-The court notes that the appellant has objected to a motion for extension of time to serve the answer brief. However, a motion for extension of time to serve the answer brief has not been filed in this court. The appellee may serve a motion for extension of time within seven days of the date of this order. This would be the first such motion filed by the appellee.
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Docket Date |
2015-08-17
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Type |
Response
|
Subtype |
Objection
|
Description |
OBJECTION ~ APPELLANT'S OBJECTION TO APPELLEE'S MOTION FOR EXTENSION OF TIME TO SERVE ANSWER BRIEF
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On Behalf Of |
START TO FINISH RESTORATION
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Docket Date |
2015-07-31
|
Type |
Notice
|
Subtype |
Notice of Related Case or Issue
|
Description |
Notice of Related Case
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On Behalf Of |
START TO FINISH RESTORATION
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Docket Date |
2015-07-24
|
Type |
Motions Relating to Oral Argument
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Subtype |
Motion/Request for Oral Argument
|
Description |
Request for Oral Argument ~ WORD
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On Behalf Of |
START TO FINISH RESTORATION
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Docket Date |
2015-07-24
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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 ~ WORD
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On Behalf Of |
START TO FINISH RESTORATION
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Docket Date |
2015-07-24
|
Type |
Record
|
Subtype |
Appendix to Initial Brief
|
Description |
Appendix for Initial Brief
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On Behalf Of |
START TO FINISH RESTORATION
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Docket Date |
2015-07-24
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Type |
Brief
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Subtype |
Initial Brief
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Description |
Initial Appellant Brief on Merits ~ WORD
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On Behalf Of |
START TO FINISH RESTORATION
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Docket Date |
2015-07-06
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Type |
Record
|
Subtype |
Record on Appeal
|
Description |
Received Records ~ SMITH
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Docket Date |
2015-06-03
|
Type |
Notice
|
Subtype |
Notice of Designation of E-mail Address
|
Description |
Notice of Designation of Email Address
|
On Behalf Of |
HOMEOWNERS CHOICE PROPERTY &
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Docket Date |
2015-05-26
|
Type |
Notice
|
Subtype |
Amended Notice of Appeal
|
Description |
Amended Notice of Appeal
|
On Behalf Of |
START TO FINISH RESTORATION
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Docket Date |
2015-05-20
|
Type |
Order
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Subtype |
Certificate of Service
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Description |
c of s; mailing addresses
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Docket Date |
2015-05-18
|
Type |
Notice
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Subtype |
Notice of Appeal
|
Description |
Notice of Appeal Filed
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On Behalf Of |
START TO FINISH RESTORATION
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Docket Date |
2015-05-18
|
Type |
Misc. Events
|
Subtype |
Fee Status
|
Description |
A3:Paid In Full - $300
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