LAW OFFICES OF HERSSEIN AND HERSSEIN, P.A., etc., VS UNITED SERVICES AUTOMOBILE ASSOCIATION, et al.,
|
3D2022-0223
|
2022-02-03
|
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
15-15825
|
Parties
Name |
LAW OFFICES OF HERSSEIN AND HERSSEIN, P.A.
|
Role |
Appellant
|
Status |
Active
|
Representations |
Maury L. Udell, IRIS J. HERSSEIN, REUVEN T. HERSSEIN
|
|
Name |
CATINA TOMEI
|
Role |
Appellee
|
Status |
Active
|
|
Name |
GALE YOUNG
|
Role |
Appellee
|
Status |
Active
|
|
Name |
JENNIFER TATE, LLC
|
Role |
Appellee
|
Status |
Active
|
|
Name |
STEVE DUKE
|
Role |
Appellee
|
Status |
Active
|
|
Name |
ALAN BUNGE
|
Role |
Appellee
|
Status |
Active
|
|
Name |
JEANNIE HOPWOOD
|
Role |
Appellee
|
Status |
Active
|
|
Name |
UNITED SERVICES AUTOMOBILE ASSOCIATION
|
Role |
Appellee
|
Status |
Active
|
Representations |
Israel U. Reyes, FRANK A. ZACHERL, AMY WESSEL JONES, Manuel A. Garcia-Linares, STEPHEN B. GILLMAN
|
|
Name |
BRADLEY WALLEN
|
Role |
Appellee
|
Status |
Active
|
|
Name |
HON. CAROL-LISA PHILLIPS
|
Role |
Judge/Judicial Officer
|
Status |
Active
|
|
Name |
Miami-Dade Clerk
|
Role |
Lower Tribunal Clerk
|
Status |
Active
|
|
Docket Entries
Docket Date |
2022-09-21
|
Type |
Mandate
|
Subtype |
Disp. w/o Mandate
|
Description |
Disp w/o mandate
|
|
Docket Date |
2022-09-21
|
Type |
Misc. Events
|
Subtype |
West Publishing
|
Description |
West Publishing
|
|
Docket Date |
2022-09-01
|
Type |
Disposition by Order
|
Subtype |
Dismissed
|
Description |
Appeal Dismissed by the Court ATFANAO (DA11A) ~ Upon the Court’s own motion, it is ordered that the above-styled appeal is hereby dismissed as one taken from non-final, non-appealable orders. See Wahl v. Taylor, 926 So. 2d 488 (Fla. 2d DCA 2006); Mid-Continent Cas. Co. v. Flora-Tech Plantscapes, Inc., 225 So. 3d 336 (Fla. 3d DCA 2017).
|
|
Docket Date |
2022-09-01
|
Type |
Disposition by Opinion
|
Subtype |
Dismissed
|
Description |
Dismissed - Order by Judge
|
|
Docket Date |
2022-08-30
|
Type |
Notice
|
Subtype |
Amended Notice of Appeal
|
Description |
Amended Notice of Appeal ~ SECOND AMENDED NOTICE OF APPEAL - CERTIFIED
|
On Behalf Of |
LAW OFFICES OF HERSSEIN AND HERSSEIN, P.A.
|
|
Docket Date |
2022-08-29
|
Type |
Notice
|
Subtype |
Amended Notice of Appeal
|
Description |
Amended Notice of Appeal ~ SECOND AMENDED NOTICE OF APPEAL - NOT CERTIFIED
|
On Behalf Of |
LAW OFFICES OF HERSSEIN AND HERSSEIN, P.A.
|
|
Docket Date |
2022-08-03
|
Type |
Order
|
Subtype |
Order
|
Description |
MISCELLANEOUS ORDER (OR999) ~ Appellant's Status Report filed on July 29, 2022, is noted, and the abatement period is extended an additional thirty (30) days from the date of this Order. If the trial court has not entered final judgment within the said thirty (30) days, this appeal will be dismissed as one taken from non-final, non-appealable orders. Said dismissal shall be without prejudice to the refiling of an appeal at the conclusion of the litigation below. FERNANDEZ, C.J., and LOGUE and GORDO, JJ., concur.
|
|
Docket Date |
2022-07-29
|
Type |
Misc. Events
|
Subtype |
Status Report
|
Description |
Status Report
|
On Behalf Of |
LAW OFFICES OF HERSSEIN AND HERSSEIN, P.A.
|
|
Docket Date |
2022-06-30
|
Type |
Misc. Events
|
Subtype |
Status Report
|
Description |
Status Report
|
On Behalf Of |
LAW OFFICES OF HERSSEIN AND HERSSEIN, P.A.
|
|
Docket Date |
2022-05-31
|
Type |
Misc. Events
|
Subtype |
Status Report
|
Description |
Status Report
|
On Behalf Of |
LAW OFFICES OF HERSSEIN AND HERSSEIN, P.A.
|
|
Docket Date |
2022-04-29
|
Type |
Misc. Events
|
Subtype |
Status Report
|
Description |
Status Report
|
On Behalf Of |
LAW OFFICES OF HERSSEIN AND HERSSEIN, P.A.
|
|
Docket Date |
2022-03-31
|
Type |
Motions Other
|
Subtype |
Motion To Dismiss
|
Description |
Motion to Dismiss Denied (OD32) ~ Appellant's Response to Appellees' Motion to Dismiss the Appeal for Lack of Jurisdiction is noted. Appellant's Motion to Hold Appeal in Abeyance is granted, and the appellate proceedings are hereby abated pending the trial court's entry of a final judgment. Appellant shall file a status report within thirty (30) days from the date of this Order. A status report shall be filed every thirty (30) days thereafter until a final judgment has been entered. Upon consideration, Appellees' Motion to Dismiss the Appeal for Lack of Jurisdiction is hereby denied. FERNANDEZ, C.J., and LOGUE and GORDO, JJ., concur.
|
|
Docket Date |
2022-03-28
|
Type |
Response
|
Subtype |
Response
|
Description |
RESPONSE ~ APPELLANT'S RESPONSE TO MOTION TO DISMISS AND MOTION TO HOLD APPEAL IN ABEYANCE
|
On Behalf Of |
LAW OFFICES OF HERSSEIN AND HERSSEIN, P.A.
|
|
Docket Date |
2022-03-28
|
Type |
Record
|
Subtype |
Appendix
|
Description |
Appendix ~ APPENDIX TO APPELLANT'S RESPONSE TO MOTION TO DISMISS AND MOTION TO HOLD APPEAL IN ABEYANCE
|
On Behalf Of |
LAW OFFICES OF HERSSEIN AND HERSSEIN, P.A.
|
|
Docket Date |
2022-03-14
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time to File Response
|
Description |
Ext-granted to respond to motion (OG01A) ~ Appellant’s Unopposed Motion for Extension of Time to file a response to the Motion to Dismiss Appeal for Lack of Jurisdiction is granted to and including March 28, 2022.
|
|
Docket Date |
2022-03-08
|
Type |
Motions Extensions
|
Subtype |
Motion for Extension of Time to File Response
|
Description |
Motion for Extension of Time to File Response
|
On Behalf Of |
LAW OFFICES OF HERSSEIN AND HERSSEIN, P.A.
|
|
Docket Date |
2022-02-24
|
Type |
Motions Other
|
Subtype |
Motion To Dismiss
|
Description |
Motion To Dismiss ~ MOTION TO DISMISS APPEAL FOR LACK OF JURISDICTION
|
On Behalf Of |
UNITED SERVICES AUTOMOBILE ASSOCIATION
|
|
Docket Date |
2022-02-24
|
Type |
Record
|
Subtype |
Appendix
|
Description |
Appendix ~ APPENDIX TO MOTION TO DISMISSAPPEAL FOR LACK OF JURISDICTION
|
On Behalf Of |
UNITED SERVICES AUTOMOBILE ASSOCIATION
|
|
Docket Date |
2022-02-16
|
Type |
Misc. Events
|
Subtype |
Case Filing Fee Paid through Portal
|
Description |
Case Filing Fee Paid Through Portal
|
On Behalf Of |
LAW OFFICES OF HERSSEIN AND HERSSEIN, P.A.
|
|
Docket Date |
2022-02-10
|
Type |
Notice
|
Subtype |
Amended Notice of Appeal
|
Description |
Amended Notice of Appeal ~ CERTIFIED
|
On Behalf Of |
Miami-Dade Clerk
|
|
Docket Date |
2022-02-08
|
Type |
Notice
|
Subtype |
Amended Notice of Appeal
|
Description |
Amended Notice of Appeal ~ NOT CERTIFIED
|
On Behalf Of |
LAW OFFICES OF HERSSEIN AND HERSSEIN, P.A.
|
|
Docket Date |
2022-02-07
|
Type |
Order
|
Subtype |
Order on Filing Fee
|
Description |
Order to pay filing fee-civil w/atty (OR14B) ~ This is to notify counsel for Appellant that the filing and prosecution of a notice of appeal in this Court is not acceptable without compliance with the Florida Rules of Appellate Procedure. Therefore, this appeal will be dismissed unless the required three hundred dollar ($300.00) fee is paid to the Clerk of the Court on or before February 17, 2022.
|
|
Docket Date |
2022-02-04
|
Type |
Notice
|
Subtype |
Notice of Appearance
|
Description |
Notice of Appearance
|
On Behalf Of |
UNITED SERVICES AUTOMOBILE ASSOCIATION
|
|
Docket Date |
2022-02-03
|
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 |
2022-02-03
|
Type |
Misc. Events
|
Subtype |
Fee Status
|
Description |
FP:Fee Paid Through Portal
|
|
Docket Date |
2022-02-03
|
Type |
Notice
|
Subtype |
Notice of Appeal
|
Description |
Notice of Appeal Filed ~ CASES: 21-2270, 21-1974, 20-1358, 19-262, 17-1527, 17-1500, 17-1457, 17-1421, 16-342
|
On Behalf Of |
LAW OFFICES OF HERSSEIN AND HERSSEIN, P.A.
|
|
|
LAW OFFICES OF HERSSEIN AND HERSSEIN, P.A., etc., VS UNITED SERVICES AUTOMOBILE ASSOCIATION, et al.,
|
3D2021-2270
|
2021-11-22
|
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
15-15825
|
Parties
Name |
LAW OFFICES OF HERSSEIN AND HERSSEIN, P.A.
|
Role |
Appellant
|
Status |
Active
|
Representations |
REUVEN T. HERSSEIN, IRIS J. HERSSEIN, Maury L. Udell
|
|
Name |
UNITED SERVICES AUTOMOBILE ASSOCIATION
|
Role |
Appellee
|
Status |
Active
|
Representations |
FRANK A. ZACHERL, STEPHEN B. GILLMAN, Israel U. Reyes, Manuel A. Garcia-Linares, DAVID J. KESSLER, AMY WESSEL JONES
|
|
Name |
CATINA TOMEI
|
Role |
Appellee
|
Status |
Active
|
|
Name |
BRADLEY WALLEN
|
Role |
Appellee
|
Status |
Active
|
|
Name |
JENNIFER TATE, LLC
|
Role |
Appellee
|
Status |
Active
|
|
Name |
GALE YOUNG
|
Role |
Appellee
|
Status |
Active
|
|
Name |
JEANNIE HOPWOOD
|
Role |
Appellee
|
Status |
Active
|
|
Name |
ALAN BUNGE
|
Role |
Appellee
|
Status |
Active
|
|
Name |
STEVE DUKE
|
Role |
Appellee
|
Status |
Active
|
|
Name |
HON. CAROL-LISA PHILLIPS
|
Role |
Judge/Judicial Officer
|
Status |
Active
|
|
Name |
Miami-Dade Clerk
|
Role |
Lower Tribunal Clerk
|
Status |
Active
|
|
Docket Entries
Docket Date |
2022-02-22
|
Type |
Misc. Events
|
Subtype |
West Publishing
|
Description |
West Publishing
|
|
Docket Date |
2022-02-22
|
Type |
Mandate
|
Subtype |
Disp. w/o Mandate
|
Description |
Disp w/o mandate
|
|
Docket Date |
2022-02-04
|
Type |
Record
|
Subtype |
Record on Appeal
|
Description |
Record on Appeal
|
On Behalf Of |
Miami-Dade Clerk
|
|
Docket Date |
2022-02-02
|
Type |
Disposition by Opinion
|
Subtype |
Dismissed
|
Description |
Dismissed - Order by Judge
|
|
Docket Date |
2022-02-02
|
Type |
Disposition by Order
|
Subtype |
Dismissed
|
Description |
Appeal Dismissed by the Court (DA11) ~ Appellant, plaintiff below, seeks appellate review of the trial court’s June 24, 2021, order granting Appellees, defendants below, Gary Stephen Duke, Gale Young, and Alan Bunge’s motion to dismiss Appellant’s seventh amended complaint. Appellant also appeals the trial court’s October 22, 2021, order denying rehearing of that June 24, 2021, order. This Court’s careful review of the June 24, 2021, order reveals that the challenged order merely grants Appellees’ motion to dismiss the seventh amended complaint and, therefore, the order is not final. Because judicial labor remains with regard to these Appellees, the Court lacks appellate jurisdiction to review this order. GMI, LLC v. Asociacion del Futbol Argentino, 174 So. 3d 500, 501 (Fla. 3d DCA 2015). Because the June 24, 2021, order is non-final, Appellant’s motion for rehearing directed toward same was unauthorized and, therefore, the Court lacks jurisdiction to review the October 22, 2021, order denying Appellant’s motion for rehearing. Samara v. Tenet Fla. Physician Servs., LLC, 317 So. 3d 187, 189 (Fla. 3d DCA 2021). To the extent Appellant seeks to appeal that portion of the June 24, 2021, order relating to Appellees, defendants below, Catina Tomei, Jeannie Hopwood, Jennifer Tate, and Alan Bunge, the Court lacks jurisdiction to review the challenged order for an additional reason: the order did not dispose of all claims against these Appellees, and interrelated claims remain pending as to these Appellees. See Fla. R. App. P. 9.110(k). Appeal dismissed.
|
|
Docket Date |
2022-01-31
|
Type |
Response
|
Subtype |
Response
|
Description |
RESPONSE ~ APPELLANT'S RESPONSE TO MOTION TO DISMISSFOR LACK OF JURISDICTION
|
On Behalf Of |
LAW OFFICES OF HERSSEIN AND HERSSEIN, P.A.
|
|
Docket Date |
2022-01-24
|
Type |
Order
|
Subtype |
Order to File Response
|
Description |
Order Response: Motion (OR23) ~ Appellant is ordered to file a response, within ten (10) days from the date of this Order, to Appellees' Motion to Dismiss Appeal for Lack of Jurisdiction.
|
|
Docket Date |
2022-01-19
|
Type |
Notice
|
Subtype |
Notice of Appearance
|
Description |
Notice of Appearance
|
On Behalf Of |
UNITED SERVICES AUTOMOBILE ASSOCIATION
|
|
Docket Date |
2022-01-19
|
Type |
Record
|
Subtype |
Appendix
|
Description |
Appendix ~ APPENDIX TO MOTION TO DISMISSAPPEAL FOR LACK OF JURISDICTION
|
On Behalf Of |
UNITED SERVICES AUTOMOBILE ASSOCIATION
|
|
Docket Date |
2022-01-19
|
Type |
Motions Other
|
Subtype |
Motion To Dismiss
|
Description |
Motion To Dismiss ~ MOTION TO DISMISS APPEAL FOR LACK OF JURISDICTION
|
On Behalf Of |
UNITED SERVICES AUTOMOBILE ASSOCIATION
|
|
Docket Date |
2021-11-22
|
Type |
Misc. Events
|
Subtype |
Case Filing Fee Paid through Portal
|
Description |
Case Filing Fee Paid Through Portal
|
On Behalf Of |
LAW OFFICES OF HERSSEIN AND HERSSEIN, P.A.
|
|
Docket Date |
2021-11-22
|
Type |
Order
|
Subtype |
Order on Filing Fee
|
Description |
Order to pay filing fee-civil w/atty (OR14B) ~ This is to notify counsel for Appellant that the filing and prosecution of a notice of appeal in this Court is not acceptable without compliance with the Florida Rules of Appellate Procedure. Therefore, this appeal will be dismissed unless the required three hundred dollar ($300.00) fee is paid to the Clerk of the Court on or before December 2, 2021.
|
|
Docket Date |
2021-11-22
|
Type |
Letter
|
Subtype |
Acknowledgment Letter
|
Description |
Acknowledgment Letter ~ Acknowledgment of new case letter with attachments. The 3DCA $300 filing fee for a notice of appeal is due.
|
|
Docket Date |
2021-11-22
|
Type |
Notice
|
Subtype |
Notice of Appeal Transmittal Form
|
Description |
Notice of Transmittal--NOA
|
On Behalf Of |
UNITED SERVICES AUTOMOBILE ASSOCIATION
|
|
|
LAW OFFICES OF HERSSEIN AND HERSSEIN, P.A., et al., VS UNITED SERVICES AUTOMOBILE ASSOCIATION, et al.,
|
3D2020-1358
|
2020-09-22
|
Closed
|
|
Classification |
Original Proceedings - Circuit Civil - Mandamus
|
Court |
3rd District Court of Appeal
|
Originating Court |
Circuit Court for the Eleventh Judicial Circuit, Miami-Dade County
15-15825
|
Parties
Name |
LAW OFFICES OF HERSSEIN AND HERSSEIN, P.A.
|
Role |
Appellant
|
Status |
Active
|
Representations |
IRIS J. HERSSEIN, REUVEN T. HERSSEIN, Maury L. Udell
|
|
Name |
REUVEN T. HERSSEIN
|
Role |
Appellant
|
Status |
Active
|
|
Name |
BRADLEY WALLEN
|
Role |
Appellee
|
Status |
Active
|
|
Name |
JEANNIE HOPWOOD
|
Role |
Appellee
|
Status |
Active
|
|
Name |
CATINA TOMEI
|
Role |
Appellee
|
Status |
Active
|
|
Name |
GALE YOUNG
|
Role |
Appellee
|
Status |
Active
|
|
Name |
JENNIFER TATE, LLC
|
Role |
Appellee
|
Status |
Active
|
|
Name |
STEVE DUKE
|
Role |
Appellee
|
Status |
Active
|
|
Name |
ALAN BUNGE
|
Role |
Appellee
|
Status |
Active
|
|
Name |
UNITED SERVICES AUTOMOBILE ASSOCIATION
|
Role |
Appellee
|
Status |
Active
|
Representations |
STEPHEN B. GILLMAN, Israel U. Reyes, Manuel A. Garcia-Linares, FRANK A. ZACHERL
|
|
Name |
HON. CAROL-LISA PHILLIPS
|
Role |
Judge/Judicial Officer
|
Status |
Active
|
|
Name |
Miami-Dade Clerk
|
Role |
Lower Tribunal Clerk
|
Status |
Active
|
|
Name |
BROWARD CLERK
|
Role |
Lower Tribunal Clerk
|
Status |
Active
|
|
Docket Entries
Docket Date |
2020-10-01
|
Type |
Order
|
Subtype |
Order
|
Description |
MISCELLANEOUS ORDER (OR999) ~ We hold the Petition for Writ of Mandamus in abeyance for thirty (30) days from the date of this Order to allow the trial court to adjudicate Petitioners' August 28, 2020, "Motion to Alter/Vacate And/Or Quash The Trial Court's Orderto Appoint Special Master." Respondents shall provide this Court with a status report within, the earlier of: (a) five (5) days from the trial court's adjudication of the motion, or (b) thirty (30) days from the date of this Order.
|
|
Docket Date |
2020-09-25
|
Type |
Motions Other
|
Subtype |
Miscellaneous Motion
|
Description |
Miscellaneous Motion ~ RESPONDENT'S MOTION TO HOLD PROCEEDING INABEYANCE PENDING TRIAL COURT'S RULING ONPETITIONERS' PENDING MOTION TO ALTER THETRIAL COURT'S ORDER APPOINTING SPECIAL MASTER
|
On Behalf Of |
UNITED SERVICES AUTOMOBILE ASSOCIATION
|
|
Docket Date |
2020-09-25
|
Type |
Record
|
Subtype |
Appendix
|
Description |
Appendix ~ RESPONDENT, UNITED SERVICES AUTOMOBILE ASSOCIATION'SAPPENDIX TO MOTION TO HOLD PROCEEDING IN ABEYANCEPENDING TRIAL COURT'S RULING ON PETITIONERS' PENDINGMOTION TO ALTER THE TRIAL COURT'S ORDER APPOINTING ASPECIAL MASTER
|
On Behalf Of |
UNITED SERVICES AUTOMOBILE ASSOCIATION
|
|
Docket Date |
2020-09-24
|
Type |
Order
|
Subtype |
Order to Respond to Petition
|
Description |
Order Resp. on all Petitions except Prohibi(OR12L) ~ Respondents are ordered to file a response within thirty (30) days from the date of this Order to the Petition for Writ of Mandamus. Petitioners may, but are not required to, file a reply within fifteen (15) days thereafter.
|
|
Docket Date |
2020-09-23
|
Type |
Motions Relating to Attorney Fees/Costs
|
Subtype |
Motion For Attorney's Fees
|
Description |
Motion For Attorney's Fees ~ PETITIONERS' MOTION FOR ATTORNEY'S FEES AND COSTS
|
On Behalf Of |
LAW OFFICES OF HERSSEIN AND HERSSEIN, P.A.
|
|
Docket Date |
2020-09-22
|
Type |
Misc. Events
|
Subtype |
Fee Status
|
Description |
FP:Fee Paid Through Portal
|
|
Docket Date |
2020-09-22
|
Type |
Petition
|
Subtype |
Petition Mandamus
|
Description |
Petition Mandamus ~ PRIOR CASE: 19-262, 17-1527, 17-1500, 17-1457, 17-1421, 16-342
|
|
Docket Date |
2020-09-22
|
Type |
Letter
|
Subtype |
Acknowledgment Letter
|
Description |
Acknowledgment Letter ~ Acknowledgment of new case with attachments.
|
|
Docket Date |
2020-09-22
|
Type |
Record
|
Subtype |
Appendix
|
Description |
Appendix
|
On Behalf Of |
LAW OFFICES OF HERSSEIN AND HERSSEIN, P.A.
|
|
Docket Date |
2020-10-07
|
Type |
Misc. Events
|
Subtype |
West Publishing
|
Description |
West Publishing
|
|
Docket Date |
2020-10-07
|
Type |
Disposition by Opinion
|
Subtype |
Dismissed
|
Description |
Dismissed - Order by Judge
|
|
Docket Date |
2020-10-07
|
Type |
Mandate
|
Subtype |
Disp. w/o Mandate
|
Description |
Disp w/o mandate
|
|
Docket Date |
2020-10-07
|
Type |
Notice
|
Subtype |
Voluntary Dismissal
|
Description |
Voluntary Dismissal of a Petition (DA04) ~ IT IS HEREBY ORDERED that Petitioners’ Notice of Voluntary Dismissal of Petition is recognized by the Court, and this Petition for Writ of Mandamus is hereby dismissed. Petitioners’ Motion for Attorney’s Fees and Costs is hereby denied as moot.
|
|
Docket Date |
2020-10-05
|
Type |
Motions Other
|
Subtype |
Motion/Notice Voluntary Dismissal
|
Description |
Notice of Voluntary Dismissal ~ PETITIONERS' NOTICE OF VOLUNTARY DISMISSAL OF PETITION
|
On Behalf Of |
LAW OFFICES OF HERSSEIN AND HERSSEIN, P.A.
|
|
|