| Docket Date |
2016-11-29
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| Type |
Miscellaneous Document
|
| Subtype |
Publish Full
|
| Description |
PUBLISH FULL
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| View |
View File
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| Docket Date |
2016-11-28
|
| Type |
Mandate
|
| Subtype |
Mandate Issued
|
| Description |
MANDATE
|
|
| Docket Date |
2016-11-03
|
| Type |
Disposition
|
| Subtype |
Quashed & Remanded
|
| Description |
DISP-QUASHED & REMANDED ~ FSC-OPINION: Reading the plain language of Troy Anderson's offers, we hold that these offers to settle his claims against the Respondents were unambiguous. The "nitpicking" of these offers by the courts below to find otherwise unnecessarily injected ambiguity into these proceedings and created more judicial labor, not less. Cf. Nichols, 932 So. 2d at 1079. Furthermore, the plain language of both section 768.79 and Florida Rule of Civil Procedure 1.442 indicates that Troy Anderson's entitlement to attorneys' fees was actualized after he submitted sufficient offers and obtained satisfactory judgments in his favor. The fact that the parties chose to collectively refer to some of the Respondents for the sake of convenience before the jury does not alter that entitlement. Therefore, we quash the decision below and remand for further proceedings consistent with this opinion.It is so ordered.
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| View |
View File
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| Docket Date |
2016-11-03
|
| Type |
Order
|
| Subtype |
Atty Fees GR (Amt by Trial Court - M/O)
|
| Description |
ORDER-ATTY FEES GR (AMT BY TR CT - M/O) ~ Petitioner's motion for appellate attorneys' fees is granted and is remanded to the trial court for a determination of reasonable attorneys' fees.
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|
| Docket Date |
2016-11-02
|
| Type |
Notice
|
| Subtype |
Supplemental Authority
|
| Description |
NOTICE-SUPPLEMENTAL AUTHORITY
|
| On Behalf Of |
TROY ANDERSON
|
| View |
View File
|
|
| Docket Date |
2016-07-05
|
| Type |
Notice
|
| Subtype |
Supplemental Authority
|
| Description |
NOTICE-SUPPLEMENTAL AUTHORITY
|
| On Behalf Of |
SECURAMERICA, LLC
|
| View |
View File
|
|
| Docket Date |
2016-03-23
|
| Type |
Brief
|
| Subtype |
Reply-Merit
|
| Description |
REPLY BRIEF-MERITS
|
| On Behalf Of |
TROY ANDERSON
|
| View |
View File
|
|
| Docket Date |
2016-03-15
|
| Type |
Order
|
| Subtype |
Extension of Time (Merits Brief)
|
| Description |
ORDER-EXT OF TIME GR (REPLY BRIEF-MERITS) ~ Petitioner's motion for extension of time is granted and petitioner is allowed to and including March 23, 2016, in which to serve the reply brief on the merits. NO FURTHER EXTENSIONS OF TIME WILL BE GRANTED TO PETITIONER FOR THE FILING OF THE REPLY BRIEF ON THE MERITS.
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|
| Docket Date |
2016-03-14
|
| Type |
Motion
|
| Subtype |
Toll Time
|
| Description |
MOTION-TOLL TIME
|
| On Behalf Of |
TROY ANDERSON
|
| View |
View File
|
|
| Docket Date |
2016-02-25
|
| Type |
Notice
|
| Subtype |
Counsel Substitution
|
| Description |
NOTICE-COUNS SUBSTITUTION
|
| On Behalf Of |
HILTON HOTELS CORPORATION,
|
| View |
View File
|
|
| Docket Date |
2016-02-11
|
| Type |
Order
|
| Subtype |
Extension of Time (Merits Brief)
|
| Description |
ORDER-EXT OF TIME GR (REPLY BRIEF-MERITS) ~ Petitioner's motion for extension of time is granted and petitioner is allowed to and including March 16, 2016, in which to serve the reply brief on the merits. NO FURTHER EXTENSIONS OF TIME WILL BE GRANTED TO PETITIONER FOR THE FILING OF THE REPLY BRIEF ON THE MERITS.
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|
| Docket Date |
2016-02-10
|
| Type |
Motion
|
| Subtype |
Toll Time
|
| Description |
MOTION-TOLL TIME
|
| On Behalf Of |
TROY ANDERSON
|
| View |
View File
|
|
| Docket Date |
2016-01-19
|
| Type |
Brief
|
| Subtype |
Answer-Merit
|
| Description |
ANSWER BRIEF-MERITS
|
| On Behalf Of |
SECURAMERICA, LLC
|
| View |
View File
|
|
| Docket Date |
2015-12-09
|
| Type |
Record
|
| Subtype |
Supplemental Record/Transcript
|
| Description |
SUPP RECORD/TRANSCRIPT ~ 1 VOL SUPP. RECORD
|
| On Behalf Of |
Joanne P. Simmons
|
|
| Docket Date |
2015-12-03
|
| Type |
Order
|
| Subtype |
Extension of Time (Merits Brief)
|
| Description |
ORDER-EXT OF TIME GR (ANSWER BRIEF-MERITS) ~ Respondent's motion for extension of time is granted, and respondent is allowed to and including January 18, 2016, in which to serve the answer brief on the merits. NO FURTHER EXTENSIONS OF TIME WILL BE GRANTED TO RESPONDENT FOR THE FILING OF THE ANSWER BRIEF ON THE MERITS. All other times will be extended accordingly.
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|
| Docket Date |
2015-12-02
|
| Type |
Motion
|
| Subtype |
Ext of Time (Answer Brief-Merit)
|
| Description |
MOTION-EXT OF TIME (ANSWER BRIEF-MERITS) ~ RESPONDENTS' UNOPPOSED MOTION FOR EXTENSION OF TIME TO SERVE ANSWER BRIEF
|
| On Behalf Of |
SECURAMERICA, LLC
|
| View |
View File
|
|
| Docket Date |
2015-11-13
|
| Type |
Order
|
| Subtype |
Record Supplementation GR (DCA)
|
| Description |
ORDER-RECORD SUPPLEMENTATION GR (DCA) ~ Petitioner's Unopposed Second Motion to Supplement the Record is granted. The Fifth District Court of Appeal is hereby directed, on or before December 14, 2015, to supplement the record on appeal with the amended complaint filed by Anderson in the trial court, and the notice filed by the second plaintiff, Paula Anderson, that she was dropping her separate claims for loss of consortium from case number 5D13-1722.
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|
| Docket Date |
2015-11-13
|
| Type |
Motion
|
| Subtype |
Record Supplementation
|
| Description |
MOTION-RECORD SUPPLEMENTATION ~ PETITIONER'S UNOPPOSED SECOND MOTION TO SUPPLEMENT THE RECORD
|
| On Behalf Of |
TROY ANDERSON
|
| View |
View File
|
|
| Docket Date |
2015-11-12
|
| Type |
Notice
|
| Subtype |
Appearance
|
| Description |
NOTICE-APPEARANCE
|
| On Behalf Of |
TROY ANDERSON
|
|
| Docket Date |
2015-11-12
|
| Type |
Motion
|
| Subtype |
Attorney's Fees
|
| Description |
MOTION-ATTORNEYS FEES ~ PETITIONER'S MOTION FOR APPELLATE ATTORNEY'S FEES
|
| On Behalf Of |
TROY ANDERSON
|
|
| Docket Date |
2015-11-12
|
| Type |
Brief
|
| Subtype |
Appendix-Merit
|
| Description |
APPENDIX-MERIT BRIEF ~ APPENDIX TO INITIAL BRIEF OF PETITIONER
|
| On Behalf Of |
TROY ANDERSON
|
| View |
View File
|
|
| Docket Date |
2015-11-06
|
| Type |
Order
|
| Subtype |
Extension of Time (Merits Brief)
|
| Description |
ORDER-EXT OF TIME GR (INITIAL BRIEF-MERITS) ~ Petitioner's motion for extension of time is granted, and petitioner is allowed to and including November 11, 2015, in which to serve the initial brief on the merits. NO FURTHER EXTENSIONS OF TIME WILL BE GRANTED TO PETITIONER FOR THE FILING OF THE INITIAL BRIEF ON THE MERITS. All other times will be extended accordingly.
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|
| Docket Date |
2015-11-05
|
| Type |
Motion
|
| Subtype |
Toll Time
|
| Description |
MOTION-TOLL TIME ~ PETITIONER'S REQUEST TO TOLL TIME
|
| On Behalf Of |
TROY ANDERSON
|
|
| Docket Date |
2015-10-30
|
| Type |
Letter-Case
|
| Subtype |
Letter
|
| Description |
LETTER ~ DATED 10/26/2015
|
| On Behalf Of |
SECURAMERICA, LLC
|
|
| Docket Date |
2015-10-27
|
| Type |
Record
|
| Subtype |
Supplemental Record/Transcript
|
| Description |
SUPP RECORD/TRANSCRIPT ~ 1 VOLUME OF SUPPLEMENTAL. RECORD
|
| On Behalf Of |
Joanne P. Simmons
|
|
| Docket Date |
2015-10-27
|
| Type |
Order
|
| Subtype |
Vacate
|
| Description |
ORDER-VACATE ~ The order of this Court dated October 26, 2015, is hereby vacated.
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|
| Docket Date |
2015-10-26
|
| Type |
Order
|
| Subtype |
Dismissal re: Failure To Comply
|
| Description |
ORDER-DISMISSAL RE: FAILURE TO COMPLY ~ In reviewing our records, we note that your case is subject to dismissal for failure to comply with this Court's direction. See Fla. R. App. P. 9.320.We have not received the initial brief on the merits in accordance with this Court's order dated September 15, 2015. Failure to file the above referenced documents with this Court within fifteen days from the date of this order could result in the imposition of sanctions, including dismissal of the petition for review. Please understand that once this case is dismissed, it may not be subject to reinstatement.***10/27/2015: ORDER VACATED***
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|
| Docket Date |
2015-10-21
|
| Type |
Order
|
| Subtype |
Record Supplementation GR (DCA)
|
| Description |
ORDER-RECORD SUPPLEMENTATION GR (DCA) ~ Petitioner has filed an "Unopposed Motion to Supplement the Record, Renumber the Record, and for Extension of Time to Serve Initial Brief on Merits." The motion to supplement the record is granted and the Fifth District Court of Appeal is hereby directed, on or before November 18, 2015, to supplement the record on appeal with the trial transcript from case number 5D13-1722. The request to "Renumber the Record" is denied. The request for an "Extension of Time to Serve Initial Brief on Merits" is granted, and petitioner is allowed 10 days following the filing of the supplemental record to serve the initial brief on the merits. NO FURTHER EXTENSIONS OF TIME WILL BE GRANTED TO PETITIONER FOR THE FILING OF THE INITIAL BRIEF ON THE MERITS. All other times will be extended accordingly.
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|
| Docket Date |
2015-10-14
|
| Type |
Motion
|
| Subtype |
Record Supplementation
|
| Description |
MOTION-RECORD SUPPLEMENTATION ~ FILED AS "PETITIONER'S UNOPPOSED MOTION TO SUPPLEMENT THE RECORD, RENUMBER THE RECORD, AND FOR EXTENSION OF TIME TO SERVE INITIAL BRIEF ON MERITS"
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| On Behalf Of |
TROY ANDERSON
|
|
| Docket Date |
2015-09-17
|
| Type |
Record
|
| Subtype |
Record/Transcript
|
| Description |
RECORD/TRANSCRIPT ~ 1 VOLUME OF CC PAPERS
|
| On Behalf Of |
Joanne P. Simmons
|
|
| Docket Date |
2015-09-15
|
| Type |
Order
|
| Subtype |
Extension of Time (Merits Brief)
|
| Description |
ORDER-EXT OF TIME GR (INITIAL BRIEF-MERITS) ~ Petitioner's motion for extension of time is granted, and petitioner is allowed to and including October 15, 2015, in which to serve the initial brief on the merits. NO FURTHER EXTENSIONS OF TIME WILL BE GRANTED TO PETITIONER FOR THE FILING OF THE INITIAL BRIEF ON THE MERITS. All other times will be extended accordingly.
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|
| Docket Date |
2015-09-15
|
| Type |
Motion
|
| Subtype |
Ext of Time (Initial Brief-Merit)
|
| Description |
MOTION-EXT OF TIME (INITIAL BRIEF-MERITS) ~ PETITIONER'S UNOPPOSED MOTION FOR EXTENSION OF TIME TO SERVE INITIAL BRIEF ON MERITS
|
| On Behalf Of |
TROY ANDERSON
|
|
| Docket Date |
2015-08-18
|
| Type |
Order
|
| Subtype |
No Req & Brief Sched/Juris Accepted
|
| Description |
ORDER-NO REQ&BRIEF SCHED/JURIS ACCEPTED ~ The Court accepts jurisdiction and dispenses with oral argument pursuant to Florida Rule of Appellate Procedure 9.320.Petitioner's brief on the merits shall be served on or before September 15, 2015; respondent's brief on the merits shall be served twenty days after service of petitioner's brief on the merits; and petitioner's reply brief on the merits shall be served twenty days after service of respondent's brief on the merits.The Clerk of the Fifth District Court of Appeal shall file the record which shall be properly indexed and paginated on or before October 19, 2015. The Clerk may provide the record in the format as currently maintained at the district court, either paper or electronic.
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|
| Docket Date |
2015-07-20
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ FILED AS "RESPONDENTS' RESPONSE TO PETITIONER'S SECOND NOTICE OF SUPPLEMENTAL AUTHORITY" (DUPLICATE FILING)
|
| On Behalf Of |
SECURAMERICA, LLC
|
|
| Docket Date |
2015-07-15
|
| Type |
Notice
|
| Subtype |
Supplemental Authority
|
| Description |
NOTICE-SUPPLEMENTAL AUTHORITY
|
| On Behalf Of |
TROY ANDERSON
|
|
| Docket Date |
2015-06-03
|
| Type |
Response
|
| Subtype |
Reply to Response
|
| Description |
REPLY TO RESPONSE ~ TO OTSC DATED 05/11/2015
|
| On Behalf Of |
SECURAMERICA, LLC
|
|
| Docket Date |
2015-05-26
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ TO OTSC DATED 05/11/2015 FILED AS "RESPONSE TO ORDER TO SHOW CAUSE WHY THE COURT SHOULD NOT DECLINE JURISDICTION"
|
| On Behalf Of |
TROY ANDERSON
|
|
| Docket Date |
2015-05-11
|
| Type |
Order
|
| Subtype |
Show Cause (Tag-Decline Juris)
|
| Description |
ORDER-SHOW CAUSE (TAG-DECLINE JURIS) ~ Petitioner shall show cause on or before May 26, 2015, why this Court's decisions Audiffred v. Arnold, 40 Fla. L. Weekly S199 (Fla. Apr. 16, 2015), and Pratt v. Weiss, 40 Fla. L. Weekly S201 (Fla. Apr. 16, 2015), are not controlling in this case and why the Court should not decline to accept jurisdiction in this case. Respondent may serve a reply on or before June 8, 2015.
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|
| Docket Date |
2015-05-01
|
| Type |
Notice
|
| Subtype |
Supplemental Authority
|
| Description |
NOTICE-SUPPLEMENTAL AUTHORITY
|
| On Behalf Of |
TROY ANDERSON
|
|
| Docket Date |
2015-04-06
|
| Type |
Order
|
| Subtype |
Stay Proceedings FSC (Tag Case)
|
| Description |
ORDER-STAY PROCEEDINGS FSC (TAG CASE) ~ The proceedings in this Court in the above case are hereby stayed pending disposition of Pratt v. Weiss, Case No. SC12-1783, and Audiffred v. Arnold, Case No. SC12-2377 which are pending in this Court.
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|
| Docket Date |
2015-03-26
|
| Type |
Brief
|
| Subtype |
Juris Answer
|
| Description |
JURIS ANSWER BRIEF
|
| On Behalf Of |
SECURAMERICA, LLC
|
| View |
View File
|
|
| Docket Date |
2015-03-16
|
| Type |
Notice
|
| Subtype |
Appearance
|
| Description |
NOTICE-APPEARANCE
|
| On Behalf Of |
HILTON HOTELS CORPORATION,
|
|
| Docket Date |
2015-03-05
|
| Type |
Notice
|
| Subtype |
Appearance
|
| Description |
NOTICE-APPEARANCE ~ FILED AS "NOTICE OF APPEARANCE AND DESIGNATION OF EMAIL ADDRESS"
|
| On Behalf Of |
TROY ANDERSON
|
|
| Docket Date |
2015-03-05
|
| Type |
Brief
|
| Subtype |
Juris Initial
|
| Description |
JURIS INITIAL BRIEF ~ W/APPENDIX
|
| On Behalf Of |
TROY ANDERSON
|
| View |
View File
|
|
| Docket Date |
2015-02-27
|
| Type |
Notice
|
| Subtype |
Appearance
|
| Description |
NOTICE-APPEARANCE
|
| On Behalf Of |
TROY ANDERSON
|
|
| Docket Date |
2015-02-24
|
| Type |
Order
|
| Subtype |
Extension of Time (Juris Brief)
|
| Description |
ORDER-EXT OF TIME GR (JURIS BRIEF-PETITIONER) ~ Petitioner's motion for extension of time is granted and petitioner is allowed to and including March 5, 2015, in which to serve the brief on jurisdiction with appendix. NO FURTHER EXTENSIONS OF TIME WILL BE GRANTED TO PETITIONER FOR THE FILING OF THE JURISDICTIONAL BRIEF. All other times will be extended accordingly.
|
|
| Docket Date |
2015-02-23
|
| Type |
Motion
|
| Subtype |
Ext of Time (Juris Brief)
|
| Description |
MOTION-EXT OF TIME (JURIS BRIEF)
|
| On Behalf Of |
TROY ANDERSON
|
|
| Docket Date |
2015-01-30
|
| Type |
Order
|
| Subtype |
Extension of Time (Juris Brief)
|
| Description |
ORDER-EXT OF TIME GR (JURIS BRIEF-PETITIONER) ~ Petitioner's motion for extension of time is granted and petitioner is allowed to and including February 23, 2015, in which to serve the brief on jurisdiction. NO FURTHER EXTENSIONS OF TIME WILL BE GRANTED TO PETITIONER FOR THE FILING OF THE JURISDICTIONAL BRIEF. All other times will be extended accordingly.
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|
| Docket Date |
2015-01-29
|
| Type |
Motion
|
| Subtype |
Ext of Time (Juris Brief)
|
| Description |
MOTION-EXT OF TIME (JURIS BRIEF)
|
| On Behalf Of |
TROY ANDERSON
|
|
| Docket Date |
2015-01-23
|
| Type |
Event
|
| Subtype |
Fee Paid in Full
|
| Description |
Fee Paid in Full
|
|
| Docket Date |
2015-01-23
|
| Type |
Letter-Case
|
| Subtype |
Acknowledgment Letter-New Case
|
| Description |
ACKNOWLEDGMENT LETTER-NEW CASE
|
| On Behalf Of |
TROY ANDERSON
|
|
| Docket Date |
2015-01-23
|
| Type |
Order
|
| Subtype |
Filing Fee Due
|
| Description |
ORDER-FILING FEE DUE ~ The jurisdiction of this Court was invoked by the filing of a Notice to Invoke Discretionary Jurisdiction in the lower tribunal; however, said notice was not accompanied by the $300.00 filing fee or an order of insolvency from the district court of appeal as required by Florida Rules of Appellate Procedure 9.110(b) and 9.120(b). The filing fee is due and payable at the time of filing the notice. Petitioner is allowed to and including February 23, 2015, in which to submit the filing fee, or an order of insolvency, or a proper motion for leave to proceed in forma pauperis that complies with sections 57.081 and 57.082, Florida Statutes (2013). Failure to submit the filing fee or one of the above referenced documents to this Court could result in the imposition of sanctions, including dismissal of the notice.Please understand that once this case is dismissed, it is not subject to reinstatement.
|
|
| Docket Date |
2015-01-22
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
| Docket Date |
2015-01-22
|
| Type |
Notice
|
| Subtype |
Invoke Discretionary Jurisdiction
|
| Description |
NOTICE-DISCRETIONARY JURIS (DIRECT CONFLICT)
|
| On Behalf Of |
TROY ANDERSON
|
|
