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CARABEO CARPET CARE, INC., A/A/O MARIO & CARMEN PRIETO AND FONT & NELSON, PLLC., Appellant(s) v. FLORIDA FAMILY INSURANCE COMPANY, Appellee(s).
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6D2023-2189
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2023-03-17
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Open
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|
| Classification |
NOA Final - County Civil - Other
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| Court |
6th District Court of Appeal
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| Originating Court |
County Court for the Ninth Judicial Circuit, Orange County
2021-CC-007458-O
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Parties
| Name |
CARMEN PRIETO
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
CARABEO CARPET CARE INC.
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
MALCOLM R. PEDRAZA, ESQ., JOSE P. FONT ESQ., JAMES C. THOMAS, ESQ., Simone Fareeda Nelson
|
|
| Name |
Mario Prieto
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
FONT & NELSON, PLLC
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
FLORIDA FAMILY INSURANCE COMPANY
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
MIHAELA CABULEA, ESQ., WILLIAM B. COLLUM, ESQ.
|
|
| Name |
Hon. Amy J. Carter
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
TIFFANY RUSSELL, CLERK
|
| Role |
Lower Tribunal Clerk
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| Status |
Active
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Docket Entries
| Docket Date |
2025-01-07
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| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Reply Brief
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| Description |
Appellants' motion for extension of time to serve reply brief is granted. The reply brief shall be served within thirty days from the date of this order. For future requests of a similar nature, see Administrative Order 23-03.
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| View |
View File
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| Docket Date |
2024-12-30
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| Type |
Motions Extensions
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| Subtype |
Motion for Extension of Time to Serve Reply Brief
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| Description |
Motion for Extension of Time to Serve Reply Brief
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| On Behalf Of |
CARABEO CARPET CARE, INC.
|
|
| Docket Date |
2024-10-07
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| Type |
Order
|
| Subtype |
Order on Motion For Substitution of Parties
|
| Description |
Appellee's Motion for Substitution of Parties is granted to the extent that Font & Nelson, PLLC, shall be added as a named appellant in this appeal. Matters related to the scope of argument available within the review of the order on appeal or party standing as between the various appellants may be raised within the parties' briefs. Counsel for Appellant, Carabeo Carpet Care, Inc., Malcolm R. Pedraza, Esq., shall serve a response within five days from the date of this order to indicate whether the scope of his representation includes Font & Nelson, PLLC, or whether Font & Nelson, PLLC, is otherwise represented by separate counsel and providing the name and service address for that counsel.
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| View |
View File
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| Docket Date |
2024-09-06
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| Type |
Order
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| Subtype |
Amended/Additional Filing(s) Needed
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| Description |
The initial brief does not comply with the additional briefing requirements of this Court as set forth in the Sixth District Court of Appeal Administrative Order 24-01. Specifically: 1) The initial brief does not contain a statement as to each issue presented, where in the record on appeal the issue was raised and ruled on; and 2) The initial brief does not contain a statement of the basis for jurisdiction in this Court, including the basis for claiming that the judgment or order appealed from is final. Appellant shall file a corrected brief within ten days from the date of this order. A compliant brief would include entries in the table of contents entitled "Statement of Jurisdiction" and "Statement of Preservation" that indicate sections in the initial brief where this information appears. AO 24-01 can be accessed at https://6dca.flcourts.gov/Clerk-s-Office/Administrative-Orders.
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| View |
View File
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| Docket Date |
2023-06-15
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| Type |
Order
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| Subtype |
Order
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| Description |
Miscellaneous Order ~ Based on appellant's response to the motion to dismiss and the attachments to appellee's appendix to its motion to dismiss, appellant shall, within three days from the date of this order, make arrangements with the Clerk of the lower tribunal for the supplementation of the record on appeal with a copy of the notice of appeal filed on December 9, 2022, which was moved to the abandoned filing queue under filing reference number 162776134. The clerk of the lower tribunal shall transmit the supplemental record to this court within fifteen days from the date of this order.
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| Docket Date |
2024-10-30
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| Type |
Order
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| Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
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| Description |
Based on Appellants' Response to Court Order Dated October 7, 2024, this appeal will proceed on the amended initial brief filed on September 16, 2024. Appellee's motion for extension of time to serve its answer brief is granted. The answer brief shall be served on or before November 29, 2024.
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| View |
View File
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|
| Docket Date |
2024-11-26
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| Type |
Brief
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| Subtype |
Answer Brief
|
| Description |
Answer Brief
|
| On Behalf Of |
FLORIDA FAMILY INSURANCE COMPANY
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| View |
View File
|
|
| Docket Date |
2024-10-17
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| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
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| On Behalf Of |
CARABEO CARPET CARE, INC.
|
|
| Docket Date |
2024-10-17
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| Type |
Response
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| Subtype |
Response
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| Description |
APPELLANTS' RESPONSE TO COURT ORDER DATED OCTOBER 7, 2024
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| On Behalf Of |
CARABEO CARPET CARE, INC.
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|
| Docket Date |
2024-10-01
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| Type |
Motions Extensions
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| Subtype |
Motion for Extension of Time to Serve Answer Brief
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| Description |
MOTION FOR EXTENSION OF TIME TO FILE ANSWER BRIEF
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| On Behalf Of |
FLORIDA FAMILY INSURANCE COMPANY
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|
| Docket Date |
2024-09-17
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| Type |
Brief
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| Subtype |
Amended Initial Brief
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| Description |
Amended Initial Brief
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| On Behalf Of |
CARABEO CARPET CARE, INC.
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| View |
View File
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|
| Docket Date |
2024-08-30
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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 |
CARABEO CARPET CARE, INC.
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| View |
View File
|
|
| Docket Date |
2024-08-09
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| Type |
Order
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| Subtype |
Order to Serve Brief
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| Description |
The initial brief is overdue in this case. Appellant must serve the initial brief within twenty days of this order, failing which this appeal will be dismissed without further notice.
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| View |
View File
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| Docket Date |
2024-05-02
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| Type |
Misc. Events
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| Subtype |
Miscellaneous Docket Entry
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| Description |
Miscellaneous Docket Entry- (AA) Atty Malcolm Pedraza's 03/12/24 order returned. "No such number". FL Bar has not updated atty's mailing information.
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|
| Docket Date |
2024-03-20
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| Type |
Response
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| Subtype |
Response
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| Description |
RESPONSE ~ APPELLANT'S RESPONSE TO THE APPELLEE'S MOTION FOR SUBSTITUTION OF PARTIES
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| On Behalf Of |
CARABEO CARPET CARE, INC.
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|
| Docket Date |
2024-03-12
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| Type |
Order
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| Subtype |
Order to File Response
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| Description |
ORD-TO FILE RESPONSE ~ Appellant shall serve a response to Appellee's Motion for Substitution of Parties within five days from the date of this order to indicate whether Font & Nelson, PLLC should be substituted as the Appellant in this matter.
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| Docket Date |
2024-02-13
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| Type |
Record
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| Subtype |
Appendix to Motion
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| Description |
ALL OTHER MOTIONS APPENDIX/ATTACHMENT ~ APPENDIX TO APPELLEE'S MOTION FOR SUBSTITUTION OF PARTIES
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| On Behalf Of |
FLORIDA FAMILY INSURANCE COMPANY
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|
| Docket Date |
2024-02-13
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| Type |
Motions Relating to Parties and Counsel
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| Subtype |
Motion For Substitution of Parties
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| Description |
Motion For Substitution of Parties ~ APPELLEE'S MOTION FOR SUBSTITUTION OF PARTIES
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| On Behalf Of |
FLORIDA FAMILY INSURANCE COMPANY
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| Docket Date |
2024-01-25
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| Type |
Order
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| Subtype |
Order to Show Cause
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| Description |
ORD-TO SHOW CAUSE ~ Upon consideration of Appellant's response filed April 17, 2023, and the clerk of the lower tribunal's Status Report filed December 6, 2023, indicating that the original notice of appeal was timely filed, this court's March 31, 2023, order to show cause is hereby discharged.
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| Docket Date |
2024-01-22
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| Type |
Response
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| Subtype |
Response
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| Description |
RESPONSE ~ APPELLANT'S RESPONSE TO COURT ORDER DATED JANUARY 17, 2024 AND NOTICE OF COMPLIANCE
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| On Behalf Of |
CARABEO CARPET CARE, INC.
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| Docket Date |
2024-01-17
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| Type |
Order
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| Subtype |
Order on Motion To Dismiss
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| Description |
ORD-DENYING APPELLEE'S MOTION TO DISMISS ~ Appellee's motion to dismiss is denied in light of the clerk of the lower tribunal's Status Report filed December 6, 2023, indicating that the original notice of appeal was timely filed. Appellee's motion for sanctions is denied. Appellant shall serve a response to Appellee's Notice of Suspension of Attorney Jose P. Font within five days from the date of this order indicating who will proceed as counsel of record for Appellant.
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| Docket Date |
2023-10-31
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| Type |
Motions Other
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| Subtype |
Motion To Dismiss
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| Description |
Motion To Dismiss ~ APPELLEE'S RENEWED MOTION TO DISMISS APPEALFOR LACK OF JURISDICTION AND STANDING AND FAILURE TO DEMONSTRATE EXCUSABLE NEGLECT
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| On Behalf Of |
FLORIDA FAMILY INSURANCE COMPANY
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|
| Docket Date |
2024-01-08
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| Type |
Notice
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| Subtype |
Notice
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| Description |
Notice ~ NOTICE OF SUSPENSION OF ATTORNEY JOSE P. FONT
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| On Behalf Of |
FLORIDA FAMILY INSURANCE COMPANY
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|
| Docket Date |
2023-12-06
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| Type |
Misc. Events
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| Subtype |
Status Report
|
| Description |
Status Report
|
| On Behalf Of |
TIFFANY RUSSELL, CLERK
|
|
| Docket Date |
2023-11-22
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| Type |
Order
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| Subtype |
Order to File Response
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| Description |
ORD-TO FILE RESPONSE ~ The July 7, 2023, supplemental record containing a certificate of nonexistance from the docket in lower tribunal number 2021-CC-007458-O fails to fully address the June 15, 2023, order of this court regarding whether the originally filed notice of appeal in this case was actually timely filed on December 9, 2022, but moved to the abandoned filing queue under filing reference number 162776134 rather than being placed on the docket to reflect that original filing date from which this court can calculate timeliness of the appeal. Within ten days from the date of this order, the clerk of the lower tribunal shall respond to address whether the notice of appeal was actually submitted to it by appellant on December 9, 2023, but placed in the abandoned filing queue rather than docketed.
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| Docket Date |
2023-10-24
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| Type |
Order
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| Subtype |
Order on Motion To Withdraw as Counsel
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| Description |
ORDER GRANTING TO WITHDRAW AS COUNSEL ~ Based on the notice of withdrawal, Attorney Fearing is relieved of further appellate duties in this case, and attorney Cabuela shall be substituted as counsel of record for the appellee in this case.
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| Docket Date |
2023-09-11
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| Type |
Motions Relating to Parties and Counsel
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| Subtype |
Motion To Withdraw as Counsel
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| Description |
Motion To Withdraw as Counsel ~ NOTICE OF WITHDRAWAL AS COUNSEL
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| On Behalf Of |
FLORIDA FAMILY INSURANCE COMPANY
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| Docket Date |
2023-07-07
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| Type |
Record
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| Subtype |
Supplemental Record
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| Description |
Supplemental Records ~ CARTER- 48 PAGES
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| On Behalf Of |
TIFFANY RUSSELL, CLERK
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|
| Docket Date |
2023-05-24
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| Type |
Record
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| Subtype |
Record on Appeal
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| Description |
Received Records ~ 592 PAGES
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| On Behalf Of |
TIFFANY RUSSELL, CLERK
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|
| Docket Date |
2023-05-05
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| Type |
Notice
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| Subtype |
Notice
|
| Description |
Notice ~ NOTICE OF INABILITY TO PRODUCE THE RECORD ON APPEAL
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| On Behalf Of |
TIFFANY RUSSELL, CLERK
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|
| Docket Date |
2023-05-04
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| Type |
Motions Other
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| Subtype |
Motion for Sanctions
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| Description |
Motion for Sanctions ~ MOTION FOR ATTORNEYS' FEES AS A SANCTION PURSUANTTO FLORIDA RULE OF APPELLATE PROCEDURE 9.420(b)AND SECTION 57.105, FLORIDA STATUTES
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| On Behalf Of |
FLORIDA FAMILY INSURANCE COMPANY
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|
| Docket Date |
2023-05-04
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| Type |
Record
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| Subtype |
Appendix to Motion
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| Description |
ALL OTHER MOTIONS APPENDIX/ATTACHMENT ~ APPENDIX TO APPELLEE'S MOTION FOR ATTORNEY'S FEES AS ASANCTION PURSUANT TO FLORIDA RULE OF APPELLATEPROCEDURE 9.420(b) AND SECTION 57.105, FLORIDA STATUTES
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| On Behalf Of |
FLORIDA FAMILY INSURANCE COMPANY
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| Docket Date |
2023-05-04
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| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ APPELLANT'S VERIFIED RESPONSE TO THE APPELLEE'S MOTION TO DISMISS APPEAL FOR LACK OF JURISDICTION AND STANDING
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| On Behalf Of |
CARABEO CARPET CARE, INC.
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|
| Docket Date |
2023-04-24
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| Type |
Order
|
| Subtype |
Order to File Response
|
| Description |
ORD-TO FILE RESPONSE ~ Appellant shall respond to appellee's motion to dismiss within ten days from the date of this order.
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|
| Docket Date |
2023-04-19
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| Type |
Letter
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| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter 1
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|
| Docket Date |
2023-04-17
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| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ APPELLANT'S RESPONSE TO THIS COURT'S ORDER TO SHOW CAUSE AS TO WHY THIS APPEAL SHOULD NOT BE DISMISSED AS UNTIMELY
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| On Behalf Of |
CARABEO CARPET CARE, INC.
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|
| Docket Date |
2023-04-17
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| Type |
Misc. Events
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| Subtype |
Case Filing Fee Paid through Portal
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| Description |
Case Filing Fee Paid through Portal
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| On Behalf Of |
CARABEO CARPET CARE, INC.
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| Docket Date |
2023-03-31
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| Type |
Notice
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| Subtype |
Notice of Appearance
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| Description |
Notice of Appearance
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| On Behalf Of |
FLORIDA FAMILY INSURANCE COMPANY
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|
| Docket Date |
2023-03-31
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| Type |
Motions Other
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| Subtype |
Motion To Dismiss
|
| Description |
Motion To Dismiss ~ APPELLEE'S MOTION TO DISMISS APPEALFOR LACK OF JURISDICTION AND STANDING
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| On Behalf Of |
FLORIDA FAMILY INSURANCE COMPANY
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|
| Docket Date |
2023-03-31
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| Type |
Record
|
| Subtype |
Appendix to Motion
|
| Description |
ALL OTHER MOTIONS APPENDIX/ATTACHMENT ~ APPENDIX TO APPELLEE'S MOTION TO DISMISS APPEAL FORLACK OF JURISDICTION
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| On Behalf Of |
FLORIDA FAMILY INSURANCE COMPANY
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|
| Docket Date |
2023-03-31
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| Type |
Letter
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| Subtype |
Acknowledgment Letter
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| Description |
Acknowledgment Letter 1
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|
| Docket Date |
2023-03-31
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| Type |
Order
|
| Subtype |
Order on Filing Fee
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| Description |
fee - civil; atty
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|
| Docket Date |
2023-03-17
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| Type |
Notice
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| Subtype |
Notice of Appeal
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| Description |
Notice of Appeal Filed ~ WITH ORDER
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| On Behalf Of |
CARABEO CARPET CARE, INC.
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| Docket Date |
2023-03-17
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| Type |
Misc. Events
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| Subtype |
Fee Status
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| Description |
FP:Fee Paid Through Portal
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FONT & NELSON, PLLC VS PATH MEDICAL, LLC, et al.
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4D2019-3428
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2019-11-05
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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
CACE19-008244 (08)
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Parties
| Name |
FONT & NELSON, PLLC
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Jose Font
|
|
| Name |
Andrew Scott Berman
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| Role |
Appellee
|
| Status |
Active
|
|
| Name |
DAVIS GOLDMAN, PLLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
GEICO INDEMNITY COMPANY
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
GEICO GENERAL INSURANCE COMPANY
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
DR. ROBERT LEWIN
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| Role |
Appellee
|
| Status |
Active
|
|
| Name |
JASON GOLDMAN, ESQ
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| Role |
Appellee
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| Status |
Active
|
|
| Name |
YOUNG, BERMAN, KARPF & GONZALEZ, P.A.
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| Role |
Appellee
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| Status |
Active
|
|
| Name |
GEICO CASUALTY COMPANY
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| Role |
Appellee
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| Status |
Active
|
|
| Name |
ROSENBERG LAW P.A.
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| Role |
Appellee
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| Status |
Active
|
|
| Name |
RIVKIN RADLER, P.A.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
PATH MEDICAL, LLC
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| Role |
Appellee
|
| Status |
Active
|
| Representations |
Bruce R. Calderon, Bruce S. Rosenberg, Alexis S. Disbrow, Bryan Thomas West, Marcy Levine Aldrich, Andrew Scott Berman, Isaac J. Mitrani, Nancy A. Copperthwaite, Andrew M. Feldman, Barri Alexis Reisch, Clinton Richard Losego, Robert M. Klein, Jamie L. Webner, Daniel Bitran, Alex A. Diaz
|
|
| Name |
EDWIN THARP
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| Role |
Appellee
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| Status |
Active
|
|
| Name |
Nelson Mullins Riley & Scarborough, LLP
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| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Kevin P. Tynan
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
RICHARDSON & TYNAN, PLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
GOVERNMENT EMPLOYEES INSURANCE COMPANY
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
SMITH, GAMBRELL & RUSSEL, LLP
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Hon. John B. Bowman
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Broward
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2021-07-02
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2021-06-10
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2021-06-10
|
| Type |
Order
|
| Subtype |
Order on Motion for Rehearing En Banc
|
| Description |
Order Denying Rehearing En Banc ~ ORDERED that appellant's May 6, 2021 motions for rehearing en banc, clarification, certification, and rehearing are denied.
|
|
| Docket Date |
2021-05-21
|
| Type |
Notice
|
| Subtype |
Notice of Joinder in Filing
|
| Description |
Notice of Joinder ~ AMENDED -- Rivkin Radler LLP and Smith, Gambrell & Russel, LLP
|
| On Behalf Of |
Path Medical, LLC
|
|
| Docket Date |
2021-05-20
|
| Type |
Notice
|
| Subtype |
Notice of Joinder in Filing
|
| Description |
Notice of Joinder ~ AMENDED -- Richardson & Tynan, PLC and Kevin P. Tynan
|
| On Behalf Of |
Path Medical, LLC
|
|
| Docket Date |
2021-05-17
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
Stricken - No or Noncompliant Cert. of Service ~ ORDERED that appellees’ May 17, 2021 response in opposition and notice of joinder are stricken as not in compliance with Florida Rule of Appellate Procedure 9.420(d) in that the certificates of service do not comply in substance with the requirements of Florida Rule of General Practice and Judicial Administration 2.516(f).
|
|
| Docket Date |
2021-05-19
|
| Type |
Notice
|
| Subtype |
Notice of Joinder in Filing
|
| Description |
Notice of Joinder ~ Nelson Mullins Riley & Scarborough, LLP
|
| On Behalf Of |
Path Medical, LLC
|
|
| Docket Date |
2021-05-19
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
Stricken - Non-Compliance With R. 9.045 ~ ORDERED that appellees Richardson & Tynan, PLC and Kevin P. Tynan’s May 19, 2021 notice of joinder and Rosenberg Law, P.A.’s May 19, 2021 notice of joinder are stricken as not in compliance with Florida Rule of Appellate Procedure 9.045, which became effective January 1, 2021, in that they are computer-generated documents which do not comply with the font requirements set forth in Rule 9.045(b). See Fla. R. App. P. 9.045(b) (“Computer-generated documents shall be filed in either Arial 14-point font or Bookman Old Style 14-point font.”). Amended documents in compliance with Rule 9.045 shall be filed within two (2) days from the date of this order.
|
|
| Docket Date |
2021-05-17
|
| Type |
Notice
|
| Subtype |
Notice of Joinder in Filing
|
| Description |
Notice of Joinder
|
| On Behalf Of |
Path Medical, LLC
|
|
| Docket Date |
2021-05-18
|
| Type |
Notice
|
| Subtype |
Notice of Joinder in Filing
|
| Description |
Notice of Joinder
|
| On Behalf Of |
Path Medical, LLC
|
|
| Docket Date |
2021-05-17
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ IN OPPOSITION TO MOTION FOR REHEARING, CLARIFICATION, CERTIFICATION and REHEARING EN BANC
|
| On Behalf Of |
Path Medical, LLC
|
|
| Docket Date |
2021-05-06
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion for Rehearing
|
| Description |
Motion For Rehearing
|
| On Behalf Of |
FONT & NELSON, PLLC
|
|
| Docket Date |
2021-04-21
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed - Authored Opinion
|
|
| Docket Date |
2020-11-23
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant's Reply Brief
|
| On Behalf Of |
FONT & NELSON, PLLC
|
|
| Docket Date |
2020-11-13
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
ORD-Stricken ~ ORDERED that appellant’s reply brief is stricken as not in compliance with Florida Rule of Appellate Procedure 9.210 in that it exceeds the page limit. An amended reply brief in compliance with the rules shall be filed within ten (10) days from the date of this order.
|
|
| Docket Date |
2020-11-13
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant's Reply Brief
|
| On Behalf Of |
FONT & NELSON, PLLC
|
|
| Docket Date |
2020-11-05
|
| 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 November 4, 2020 motion for extension of time is granted, and appellant shall serve the reply brief within five (5) days from the current due date. In addition, if the reply brief is served after the time provided for in this order, it may be stricken.
|
|
| Docket Date |
2020-11-04
|
| 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 |
FONT & NELSON, PLLC
|
|
| Docket Date |
2020-10-14
|
| 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 October 5, 2020 motion for extension of time is granted, and appellant shall serve the reply brief within thirty (30) days from the date of this order. In addition, if the reply brief is served after the time provided for in this order, it may be stricken.
|
|
| Docket Date |
2020-10-05
|
| 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 |
FONT & NELSON, PLLC
|
|
| Docket Date |
2020-09-04
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief ~ RIVKIN RADLER LLP'S AND SMITH, GAMBRELL & RUSSELL, LLP
|
| On Behalf Of |
Path Medical, LLC
|
|
| Docket Date |
2020-09-04
|
| Type |
Notice
|
| Subtype |
Notice of Joinder in Filing
|
| Description |
Notice of Joinder
|
| On Behalf Of |
Path Medical, LLC
|
|
| Docket Date |
2020-09-03
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief ~ GEICO
|
| On Behalf Of |
Path Medical, LLC
|
|
| Docket Date |
2020-09-03
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Brief ~ GEICO'S APPENDIX
|
| On Behalf Of |
Path Medical, LLC
|
|
| Docket Date |
2020-09-02
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Brief
|
| On Behalf Of |
Path Medical, LLC
|
|
| Docket Date |
2020-09-02
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief ~ PATH MEDICAL, LLC, ROBERT LEWIN and EDWIN THARP
|
| On Behalf Of |
Path Medical, LLC
|
|
| Docket Date |
2020-09-02
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
Stricken - No or Noncompliant Cert. of Service ~ ORDERED that appellees’ September 2, 2020 answer brief is stricken as not in compliance with Florida Rule of Appellate Procedure 9.420(d) in that the certificate of service does not comply in substance with the requirements of Florida Rule of Judicial Administration 2.516(f). Further, ORDERED that appellees’ appendix to the answer 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 contains no bookmarks as required by 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 |
2020-07-22
|
| Type |
Order
|
| Subtype |
Order on Motion For Clarification
|
| Description |
Grant Clarification ~ ORDERED that appellees’ July 21, 2020 “joint motion for clarification of briefing schedule or for extension of time” is granted. Appellees’ answer briefs are due September 4, 2020.
|
|
| Docket Date |
2020-07-21
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion For Clarification
|
| Description |
Motion for Clarification ~ JOINT MOTION FOR CLARIFICATION OF BRIEFING SCHEDULE OR FOR EXTENSION OF TIME
|
| On Behalf Of |
Path Medical, LLC
|
|
| Docket Date |
2020-07-10
|
| Type |
Disposition by Order
|
| Subtype |
Granted in Part/Denied in Part
|
| Description |
ORD-Grant in Part/Deny in Part ~ Upon consideration of appellant’s July 7, 2020 response, it is ORDERED that appellees’ June 22, 2020 “joint motion to supplement record and request for judicial notice” is denied in part and granted in part. The request to supplement the record is denied. The request to take judicial notice is granted. See § 90.202(6), Fla. Stat. (2019) (permitting a court to take judicial notice of “[r]ecords of any court of this state or of any court of record of the United States or of any state, territory, or jurisdiction of the United States”).
|
|
| Docket Date |
2020-07-07
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response
|
| On Behalf Of |
FONT & NELSON, PLLC
|
|
| Docket Date |
2020-06-22
|
| Type |
Motions Other
|
| Subtype |
Motion/Request for Judicial Notice
|
| Description |
Motion/Request for Judicial Notice ~ AND MOTION TO SUPPLEMENT THE RECORD
|
| On Behalf Of |
Path Medical, LLC
|
|
| Docket Date |
2020-06-22
|
| Type |
Order
|
| Subtype |
Order to File Response
|
| Description |
ORD-Appellant to File Response ~ ORDERED that appellant is directed to respond, within fifteen (15) days from the date of this order, to appellees’ June 22, 2020 “joint motion to supplement record and request for judicial notice.”
|
|
| Docket Date |
2020-05-19
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
| Description |
Order Granting EOT for Answer Brief ~ ORDERED that appellees’ May 13, 2020 motion for extension of time is granted, and appellees shall serve the answer brief within ninety (90) days from the date of this order. In addition, appellees are notified that the failure to serve the brief within the time provided herein may foreclose appellees right to file a brief or otherwise participate in this appeal.
|
|
| Docket Date |
2020-05-13
|
| 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 |
Path Medical, LLC
|
|
| Docket Date |
2020-04-15
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Brief
|
| On Behalf Of |
FONT & NELSON, PLLC
|
|
| Docket Date |
2020-04-15
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
FONT & NELSON, PLLC
|
|
| Docket Date |
2020-04-14
|
| Type |
Order
|
| Subtype |
Order Discharging Show Cause Order
|
| Description |
ORD-Discharging Show Cause ~ ORDERED that, upon consideration of appellant’s response filed April 13, 2020, this court’s April 1, 2020 order to show cause is discharged. Further, ORDERED that appellant’s April 13, 2020 motion for extension of time is granted, and appellant shall serve the initial brief within one (1) day from the date of this order. In addition, if the initial brief is not served within the time provided for in this order, the above-styled case may be subject to dismissal or the court in its discretion may impose other sanctions.
|
|
| Docket Date |
2020-04-13
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response to Order to Show Cause
|
| On Behalf Of |
FONT & NELSON, PLLC
|
|
| Docket Date |
2020-04-01
|
| Type |
Order
|
| Subtype |
Show Cause
|
| Description |
Show Cause Lack of Prosecution, Initial Brief ~ **DISCHARGED**ORDERED that appellant in the above-styled case is directed to show cause in writing, if any there be, within ten (10) days from the date of this order, why the above-styled case should not be dismissed for lack of timely prosecution, in that appellant's initial brief has not been filed with this court as of this date. Failure to respond to this order will result in a sua sponte dismissal without further notice. If the initial brief is filed within this time, the order to show cause will be considered automatically discharged without further order.
|
|
| Docket Date |
2020-01-15
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice ~ OF COMPLIANCE WITH COURT'S ORDER DATED JANUARY 6, 2020
|
| On Behalf Of |
FONT & NELSON, PLLC
|
|
| Docket Date |
2020-01-14
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
ORD-Stricken as Unauthorized ~ ORDERED that the appellees’ January 13, 2020 notice of unavailability is stricken as unauthorized.
|
|
| Docket Date |
2020-01-13
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice ~ OF UNAVAILABILITY
|
| On Behalf Of |
Path Medical, LLC
|
|
| Docket Date |
2020-01-06
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Grant Extension of Time ~ ORDERED that appellant’s January 2, 2020 “amended motion for relief and/or motion for extension of time to comply with December 2, 2019 order” is granted, and the time to comply with this court’s December 2, 2019 order is extended up to and including January 15, 2020.
|
|
| Docket Date |
2020-01-02
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time
|
| Description |
Motion for Extension of Time ~ AMENDED MOTION FOR RELIEF AND/OR MOTION FOR EXTENSION OF TIME TO COMPLY
|
| On Behalf Of |
FONT & NELSON, PLLC
|
|
| Docket Date |
2019-12-30
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time
|
| Description |
Motion for Extension of Time ~ MOTION FOR RELIEF AND/OR MOTION FOR EXTENSION OF TIME TO COMPLY
|
| On Behalf Of |
FONT & NELSON, PLLC
|
|
| Docket Date |
2019-12-17
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ (653 PAGES)
|
| On Behalf Of |
Clerk - Broward
|
|
| Docket Date |
2019-12-02
|
| Type |
Order
|
| Subtype |
Order to File Response re Jurisdiction
|
| Description |
Aplnt to Obtain Final Order-Per Dobrick ~ Upon consideration of appellant’s November 18, 2019 jurisdictional brief, appellee GEICO’s November 26, 2019 response, and the November 27, 2019 notices of joinder, it is ORDERED that appellant shall have thirty (30) days from the date of this order to obtain a final order, dismissing the underlying proceedings as to the parties involved, and to file a copy in this court. Failure to do so will result in the sua sponte dismissal of the appeal. See Fla. R. App. P. 9.110(l).ORDERED that the trial court is specifically authorized, pursuant to Florida Rule of Appellate Procedure 9.600(b), upon appropriate application, to enter a final order in these proceedings.
|
|
| Docket Date |
2019-11-27
|
| Type |
Notice
|
| Subtype |
Notice of Joinder in Filing
|
| Description |
Notice of Joinder ~ ROSENBERG LAW, P.A.
|
| On Behalf Of |
Path Medical, LLC
|
|
| Docket Date |
2019-11-26
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ TO JURISDICTIONAL BRIEF (GEICO)
|
| On Behalf Of |
Path Medical, LLC
|
|
| Docket Date |
2019-11-26
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Path Medical, LLC
|
|
| Docket Date |
2019-11-21
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Path Medical, LLC
|
|
| Docket Date |
2019-11-20
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Path Medical, LLC
|
|
| Docket Date |
2019-11-18
|
| Type |
Brief
|
| Subtype |
Jurisdictional Brief
|
| Description |
Jurisdictional Brief
|
| On Behalf Of |
FONT & NELSON, PLLC
|
|
| Docket Date |
2019-11-12
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Path Medical, LLC
|
|
| Docket Date |
2019-11-07
|
| Type |
Order
|
| Subtype |
Order to File Response re Jurisdiction
|
| Description |
AA - File Statement for Basis of Jurisdiction ~ ORDERED that, within ten (10) days from the date of this order, appellant shall file in this court a brief statement explaining the basis for this court's subject matter jurisdiction over the order appealed in this case, citing supporting legal authorities. Appellant shall specifically address how the "order granting motions to dismiss" is a final, appealable order, as: (1) the order dismisses count II without prejudice and with leave to amend, Neptune v. Boncroft, 110 So. 3d 537, 538 (Fla. 4th DCA 2013) (orders granting motions to dismiss and affording leave to amend are non-final and non-appealable); and (2) there remains counts pending that may be legally interrelated and in substance involve the same transaction as the disposed of counts, Mendez v. W. Flagler Family Ass'n, 303 So. 2d 1, 5 (Fla. 1974); Flinn v. Flinn, 68 So. 3d 424 (Fla. 4th DCA 2011).; furtherAppellees may file a response within ten (10) days of service of that statement.
|
|
| Docket Date |
2019-11-07
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid Through Portal
|
| On Behalf Of |
FONT & NELSON, PLLC
|
|
| Docket Date |
2019-11-06
|
| Type |
Order
|
| Subtype |
Amended/Additional Filing(s) Needed
|
| Description |
Order for Amendment to Notice of Appeal ~ ORDERED that the appellant is directed to file, within ten (10) days from the date of this order, an amended Notice of Appeal with a certificate of service that states the name of the attorney of record for the appellee and his/her physical address.
|
|
| Docket Date |
2019-11-06
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2019-11-05
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2019-11-05
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
FONT & NELSON, PLLC
|
|
|
|
SOUTHERN FIDELITY INSURANCE COMPANY, et al., VS DOMINGO POLANCO and MARIA POLANCO,
|
3D2017-2076
|
2017-09-19
|
Closed
|
|
| Classification |
Original Proceedings - Circuit Civil - Certiorari
|
| Court |
3rd District Court of Appeal
|
| Originating Court |
Circuit Court for the Eleventh Judicial Circuit, Miami-Dade County
15-29707
|
Parties
| Name |
SOUTHERN FIDELITY INSURANCE COMPANY
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
FRANTZ C. NELSON, LOUISA M. RAMSAMMY, Jose P. Font, CARLTON A. BOBER
|
|
| Name |
FONT & NELSON, PLLC
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
MARIA POLANCO
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
DOMINGO POLANCO
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
ANDREW C. BARNARD, GARRETT WILLIAM HAAKON CLIFFORD, Roniel Rodriguez, IV
|
|
| Name |
HON. ROSA I. RODRIGUEZ
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Miami-Dade Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2018-04-25
|
| Type |
Disposition by Opinion
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Judge
|
|
| Docket Date |
2018-04-25
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2018-04-25
|
| Type |
Mandate
|
| Subtype |
Disp. w/o Mandate
|
| Description |
Disp w/o mandate
|
|
| Docket Date |
2018-04-25
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
Stipulation of Dismissal (DA11J) ~ ORDERED that the joint stipulation for final order of dismissal is recognized by the Court, and this petition for writ of certiorari and/or writ of mandamus is hereby dismissed. All pending motions, including motions for appellate attorney's fees, are denied as moot.
|
|
| Docket Date |
2018-04-13
|
| Type |
Motion
|
| Subtype |
Stipulation
|
| Description |
Stipulation ~ for final order of dismissal
|
| On Behalf Of |
DOMINGO POLANCO
|
|
| Docket Date |
2018-03-01
|
| Type |
Order
|
| Subtype |
Order Dispensing with Oral Argument
|
| Description |
Considered w/o Oral Argument (OR52) ~ These consolidated cases are removed from the oral argument calendar of Monday, March 12, 2018. The Court will consider the cases without oral argument. EMAS, FERNANDEZ and LUCK, JJ., concur.
|
|
| Docket Date |
2018-02-12
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
MISCELLANEOUS ORDER (OR999) ~ Case numbers 3D17-2076 and 3D17-1222 are consolidated for the purpose of oral argument.
|
|
| Docket Date |
2018-01-19
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
Miscellaneous Motion ~ motion to amend response
|
| On Behalf Of |
DOMINGO POLANCO
|
|
| Docket Date |
2018-01-19
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
DOMINGO POLANCO
|
|
| Docket Date |
2018-01-16
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
|
| On Behalf Of |
SOUTHERN FIDELITY INSURANCE COMPANY
|
|
| Docket Date |
2018-01-16
|
| Type |
Response
|
| Subtype |
Reply
|
| Description |
REPLY ~ on supplemental pet. for writ of cert. and/or writ of mandamus
|
| On Behalf Of |
SOUTHERN FIDELITY INSURANCE COMPANY
|
|
| Docket Date |
2018-01-05
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Reply Brief
|
| Description |
Extension granted to file reply brief (OG05) ~ Appellants’ motion for an extension of time to file the reply brief is granted to and including January 15, 2018.
|
|
| Docket Date |
2018-01-03
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
MISCELLANEOUS ORDER (OR999) ~ Respondent’s motion to strike is granted as to page 598 of the appendix (copies of the Santoses’ driver’s licenses) and denied as to all other pages referenced in the motion. EMAS, FERNANDEZ and LUCK, JJ., concur.
|
|
| Docket Date |
2017-12-27
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ to motion for eot
|
| On Behalf Of |
DOMINGO POLANCO
|
|
| Docket Date |
2017-12-26
|
| 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 |
SOUTHERN FIDELITY INSURANCE COMPANY
|
|
| Docket Date |
2017-12-18
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ on supplemental pet. for writ of cert. and/or writ of mandamus
|
| On Behalf Of |
DOMINGO POLANCO
|
|
| Docket Date |
2017-12-07
|
| Type |
Motions Other
|
| Subtype |
Motion To Strike
|
| Description |
Motion To Strike ~ 1,654 pages of material from petitioner's appendix and for sanctions on remand
|
| On Behalf Of |
DOMINGO POLANCO
|
|
| Docket Date |
2017-11-29
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Record on Appeal
|
|
| Docket Date |
2017-11-21
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion to Supplement Record
|
| Description |
Motion to Supplement the Record
|
| On Behalf Of |
DOMINGO POLANCO
|
|
| Docket Date |
2017-11-17
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
MISCELLANEOUS ORDER (OR999) ~ Upon consideration, respondent's motions to dismiss are carried with the case. Respondent is ordered to file a response to the petition for writ of certiorari, the response to be filed no more than thirty (30) days from the date of this order. Petitioners may file a reply to the response no more than seven (7) days after the response has been filed with the Court.
|
|
| Docket Date |
2017-10-26
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ to the RS"s motion to dismiss.
|
| On Behalf Of |
SOUTHERN FIDELITY INSURANCE COMPANY
|
|
| Docket Date |
2017-10-25
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ to motion for eot to file response
|
| On Behalf Of |
DOMINGO POLANCO
|
|
| Docket Date |
2017-10-25
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to File Response
|
| Description |
Ext-granted to respond to motion (OG01A) ~ The motion for extension of time to file the response to the motions to dismiss is granted. The response shall be filed no later than 5:00 p.m. the next business day. Petitioner is cautioned that any further violations of Rule 9.300(a) will be sanctioned.
|
|
| Docket Date |
2017-10-24
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to File Response
|
| Description |
Motion for Extension of Time to File Response ~ to ae motion to dismiss and renewed motion to dismiss
|
| On Behalf Of |
SOUTHERN FIDELITY INSURANCE COMPANY
|
|
| Docket Date |
2017-10-16
|
| Type |
Order
|
| Subtype |
Order to File Response
|
| Description |
Order Response: Motion (OR23) ~ Petitioners are ordered to file responses no later than seven (7) days from the date of this order to the appellee’s motion to dismiss and renewed motion to dismiss. EMAS, FERNANDEZ and LUCK, JJ., concur.
|
|
| Docket Date |
2017-10-04
|
| Type |
Motions Other
|
| Subtype |
Motion To Dismiss
|
| Description |
Motion To Dismiss
|
| On Behalf Of |
DOMINGO POLANCO
|
|
| Docket Date |
2017-10-04
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
SOUTHERN FIDELITY INSURANCE COMPANY
|
|
| Docket Date |
2017-10-03
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
MISCELLANEOUS ORDER (OR999) ~ Petitioners/appellants motion to consolidate petition for writ of certiorari and/or writ of mandamus with related appeals is denied.
|
|
| Docket Date |
2017-09-29
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ to petitioners motion to consolidate
|
| On Behalf Of |
DOMINGO POLANCO
|
|
| Docket Date |
2017-09-27
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix ~ See order from 1/3/18-page 598 stricken.
|
| On Behalf Of |
SOUTHERN FIDELITY INSURANCE COMPANY
|
|
| Docket Date |
2017-09-27
|
| Type |
Petition
|
| Subtype |
Petition Certiorari
|
| Description |
Petition for Certiorari Filed ~ Supplemented Petition for Writ of Certiorari and/or Writ of Mandamus.
|
| On Behalf Of |
SOUTHERN FIDELITY INSURANCE COMPANY
|
|
| Docket Date |
2017-09-27
|
| Type |
Order
|
| Subtype |
Order on Motion to Stay
|
| Description |
Stay Granted (OG26) ~ The motion for stay is granted in part. The deposition of attorney Jose P. Font, Esquire shall be stayed until further order of the Court. No other trial court order shall be stayed by this order. EMAS, FERNANDEZ and LUCK, JJ., concur.
|
|
| Docket Date |
2017-09-26
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ opposing motion for stay pendent lite
|
| On Behalf Of |
DOMINGO POLANCO
|
|
| Docket Date |
2017-09-26
|
| Type |
Motions Other
|
| Subtype |
Motion To Dismiss
|
| Description |
Motion To Dismiss
|
| On Behalf Of |
DOMINGO POLANCO
|
|
| Docket Date |
2017-09-25
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
|
| On Behalf Of |
DOMINGO POLANCO
|
|
| Docket Date |
2017-09-22
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Misc. Extension Granted (OG02) ~ The motion for extension of time to file the appendix is granted. The petitioner(s) shall file the appendix no later than 5:00 p.m. Eastern Time, Wednesday, September 27, 2017.
|
|
| Docket Date |
2017-09-22
|
| Type |
Motions Other
|
| Subtype |
Motion To Consolidate
|
| Description |
Motion To Consolidate ~ petitioners' Petition for Writ of Certiorari and/or Writ of Mandamus With Related Appeals
|
| On Behalf Of |
SOUTHERN FIDELITY INSURANCE COMPANY
|
|
| Docket Date |
2017-09-20
|
| Type |
Notice
|
| Subtype |
Notice of Appeal Transmittal Form
|
| Description |
Notice of Transmittal--NOA
|
|
| Docket Date |
2017-09-20
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time
|
| Description |
Motion for Extension of Time ~ to Supplement Appendix of Petitioners' Petition for Writ of Certiorari and/or writ of Mandamus
|
| On Behalf Of |
SOUTHERN FIDELITY INSURANCE COMPANY
|
|
| Docket Date |
2017-09-20
|
| Type |
Order
|
| Subtype |
Order to File Response
|
| Description |
Order Response: Motion (OR23) ~ The respondent shall file a response to the emergency motion to stay no later than seven (7) days from the date of this order. The deposition of attorney Jose P. Font, Esquire shall be stayed until further order of the Court.
|
|
| Docket Date |
2017-09-20
|
| 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 |
2017-09-19
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
| Docket Date |
2017-09-19
|
| Type |
Motions Other
|
| Subtype |
Motion To Stay
|
| Description |
Motion To Stay
|
| On Behalf Of |
SOUTHERN FIDELITY INSURANCE COMPANY
|
|
| Docket Date |
2017-09-19
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed ~ NOT CERTIFIED. PRIOR CASE: 17-1936, 17-1266, 17-1222
|
| On Behalf Of |
SOUTHERN FIDELITY INSURANCE COMPANY
|
|
|
|
FONT & NELSON, PLLC, et al., VS DOMINGO POLANCO, et al.,
|
3D2017-1936
|
2017-08-23
|
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
15-29707
|
Parties
| Name |
FONT & NELSON, PLLC
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
CARLTON A. BOBER, Jose P. Font, FRANTZ C. NELSON, LOUISA M. RAMSAMMY
|
|
| Name |
Jose P. Font
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
MARIA POLANCO
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
DOMINGO POLANCO
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Roniel Rodriguez, IV, ANDREW C. BARNARD
|
|
| Name |
HON. ROSA I. RODRIGUEZ
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Miami-Dade Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2018-04-17
|
| Type |
Disposition by Opinion
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Clerk
|
|
| Docket Date |
2018-04-17
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
Stipulation of Dismissal (DA11J) ~ ORDERED that the joint stipulation for final order of dismissal is recognized by the Court, and this appeal from the Circuit Court for Miami-Dade County, Florida is hereby dismissed.
|
|
| Docket Date |
2018-04-17
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2018-04-17
|
| Type |
Mandate
|
| Subtype |
Disp. w/o Mandate
|
| Description |
Disp w/o mandate
|
|
| Docket Date |
2018-04-13
|
| Type |
Motion
|
| Subtype |
Stipulation
|
| Description |
Stipulation ~ for final order of dismissal
|
| On Behalf Of |
DOMINGO POLANCO
|
|
| Docket Date |
2018-04-03
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Clerk's notice granting eot (CLKEX) ~ AB-30 days to 4/30/18
|
|
| Docket Date |
2018-03-29
|
| 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 |
DOMINGO POLANCO
|
|
| Docket Date |
2018-03-01
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Clerk's notice granting eot (CLKEX) ~ AB-30 days to 3/30/18
|
|
| Docket Date |
2018-02-28
|
| 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 |
DOMINGO POLANCO
|
|
| Docket Date |
2018-02-13
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
|
| On Behalf Of |
FONT & NELSON, PLLC
|
|
| Docket Date |
2018-02-08
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
FONT & NELSON, PLLC
|
|
| Docket Date |
2018-02-08
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix ~ to initial brief.
|
| On Behalf Of |
FONT & NELSON, PLLC
|
|
| Docket Date |
2018-01-25
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
Extension denied (initial brief) (OD03) ~ Upon consideration, appellants’ motion for extension of time to file its initial brief is hereby denied.
|
|
| Docket Date |
2018-01-05
|
| 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 |
FONT & NELSON, PLLC
|
|
| Docket Date |
2017-12-28
|
| Type |
Notice
|
| Subtype |
Notice of Related Case or Issue
|
| Description |
Notice of Similar or Related Case
|
| On Behalf Of |
FONT & NELSON, PLLC
|
|
| Docket Date |
2017-12-27
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
Extension Granted for Initial Brief (OGO3) ~ Appellants’ third motion for an extension of time to file the initial brief is granted to and including fifteen (15) days from December 21, 2017.
|
|
| Docket Date |
2017-12-27
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ to aa motion for eot -misrepresentation, and vexation
|
| On Behalf Of |
DOMINGO POLANCO
|
|
| Docket Date |
2017-12-21
|
| 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 |
FONT & NELSON, PLLC
|
|
| Docket Date |
2017-11-28
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
Extension Granted for Initial Brief (OGO3) ~ Appellants’ second motion for an extension of time to file the initial brief is granted to and including December 21, 2017.
|
|
| Docket Date |
2017-11-21
|
| 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 |
FONT & NELSON, PLLC
|
|
| Docket Date |
2017-11-06
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
Extension Granted for Initial Brief (OGO3) ~ Appellants’ motion for an extension of time to file the initial brief is granted to and including November 21, 2017.
|
|
| Docket Date |
2017-11-01
|
| 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 |
FONT & NELSON, PLLC
|
|
| Docket Date |
2017-10-31
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Record on Appeal
|
|
| Docket Date |
2017-10-04
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
FONT & NELSON, PLLC
|
|
| Docket Date |
2017-10-03
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
MISCELLANEOUS ORDER (OR999) ~ Petitioners/appellants motion to consolidate petition for writ of certiorari and/or writ of mandamus with related appeals is denied.
|
|
| Docket Date |
2017-09-29
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
|
| On Behalf Of |
DOMINGO POLANCO
|
|
| Docket Date |
2017-09-20
|
| Type |
Order
|
| Subtype |
Order on Motion to Stay
|
| Description |
Stay Denied (OD26) ~ Upon consideration, Southern Fidelity Insurance Company’s emergency motion to stay is hereby denied. EMAS, FERNANDEZ and LUCK, JJ., concur.
|
|
| Docket Date |
2017-09-20
|
| Type |
Motions Other
|
| Subtype |
Motion To Stay
|
| Description |
Motion To Stay ~ Pending Adjudication of Writ of Prohibition
|
| On Behalf Of |
FONT & NELSON, PLLC
|
|
| Docket Date |
2017-08-30
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
Order to pay filing fee-civil w/atty (OR14B) ~ 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 ($300.00) dollar fee is paid to the Clerk of the Court on or before September 9, 2017.
|
|
| Docket Date |
2017-08-24
|
| Type |
Notice
|
| Subtype |
Notice of Appeal Transmittal Form
|
| Description |
Notice of Transmittal--NOA
|
|
| Docket Date |
2017-08-23
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed ~ NOT CERTIFIED. ORDER APPEALED NOT ATTACHED. Related cases: 17-1266, 17-1222
|
| On Behalf Of |
FONT & NELSON, PLLC
|
|
| Docket Date |
2017-08-23
|
| 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 |
2017-08-23
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
|
