|
UCMS, LLC., D/ B/ A UNIVERSAL CONTRACTING OF FLORIDA, A/ A/ O GEORGE HOLMER, IV VS UNITED PROPERTY & CASUALTY INSURANCE COMPANY, D/ B/ A UPC INSURANCE
|
2D2021-1897
|
2021-06-29
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
2nd District Court of Appeal
|
| Originating Court |
Circuit Court for the Twentieth Judicial Circuit, Collier County
19-CA-2055
|
Parties
| Name |
A/ A/ O GEORGE HOLMER, IV
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
UCMS, LLC
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
SEAN SAVAL, ESQ.
|
|
| Name |
D/ B/ A UNIVERSAL CONTRACTING OF FLORIDA
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
UNITED PROPERTY & CASUALTY INSURANCE COMPANY
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
ALEXANDER D. KOCHMAN, ESQ., KIMBERLY J. FERNANDES, ESQ., LILLI BALIK, ESQ.
|
|
| Name |
D/ B/ A UPC INSURANCE
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
HONORABLE ELIZABETH V. KRIER
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
COLLIER CLERK
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2023-03-13
|
| Type |
Motions Other
|
| Subtype |
Motion To Stay
|
| Description |
Motion To Stay ~ NOTICE FOR MANDATORY STAY OF PROCEEDINGS
|
| On Behalf Of |
UNITED PROPERTY & CASUALTY INSURANCE COMPANY
|
|
| Docket Date |
2022-06-15
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2022-06-15
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2022-05-20
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed - Per Curiam Affirmed
|
|
| Docket Date |
2022-05-20
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Miscellaneous Order ~ Appellant's motion for appellate attorney's fees is denied.
|
|
| Docket Date |
2022-02-02
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
|
| On Behalf Of |
UCMS, LLC.
|
|
| Docket Date |
2022-02-02
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant Reply Brief
|
| On Behalf Of |
UCMS, LLC.
|
|
| Docket Date |
2022-01-03
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Stipulation for Extension of Time ~ 30- RB DUE 02/02/22
|
| On Behalf Of |
UCMS, LLC.
|
|
| Docket Date |
2021-12-06
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee Answer Brief
|
| On Behalf Of |
UNITED PROPERTY & CASUALTY INSURANCE COMPANY
|
|
| Docket Date |
2021-10-28
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
| Description |
ORDER GRANTING EOT FOR ANSWER BRIEF ~ Appellee's motion for extension of time is granted, and the answer brief shallbe served by December 3, 2021.
|
|
| Docket Date |
2021-10-26
|
| 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 |
UNITED PROPERTY & CASUALTY INSURANCE COMPANY
|
|
| Docket Date |
2021-10-26
|
| Type |
Record
|
| Subtype |
Supplemental Record
|
| Description |
Supplemental Records ~ REDACTED - 388 PAGES
|
|
| Docket Date |
2021-10-26
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
UNITED PROPERTY & CASUALTY INSURANCE COMPANY
|
|
| Docket Date |
2021-10-22
|
| Type |
Order
|
| Subtype |
Order on Motion to Supplement Record
|
| Description |
ORDER GRANTING MOTION TO SUPPLEMENT THE RECORD ~ Appellant's motion to supplement the record is granted, and appellant shall make arrangements within three days with the clerk of the lower tribunal for the supplementation of the record with the items mentioned in the motion, with the supplemental record to be filed in this court within twenty-five days from the date of this order.
|
|
| Docket Date |
2021-10-21
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion to Supplement Record & EOT/Toll Briefing
|
| Description |
Motion To File Supplemental Record
|
| On Behalf Of |
UCMS, LLC.
|
|
| Docket Date |
2021-08-27
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ KRIER - 1111 PAGES
|
|
| Docket Date |
2021-07-08
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid through Portal
|
| On Behalf Of |
UCMS, LLC.
|
|
| Docket Date |
2021-06-29
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter 1
|
|
| Docket Date |
2021-06-29
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed ~ W/ORDER APPEALED
|
| On Behalf Of |
UCMS, LLC.
|
|
| Docket Date |
2021-06-29
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2021-06-29
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
fee - civil; atty
|
|
| Docket Date |
2021-10-04
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Appellant Brief on Merits
|
| On Behalf Of |
UCMS, LLC.
|
|
| Docket Date |
2021-10-21
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
UNITED PROPERTY & CASUALTY INSURANCE COMPANY
|
|
| Docket Date |
2021-08-30
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Stipulation for Extension of Time ~ AGREED EXTENSION OF TIME TO FILE INITIAL BRIEF//30 - IB DUE 10/2/21
|
| On Behalf Of |
UCMS, LLC.
|
|
|
|
UCMS, LLC, D/B/A UNIVERSAL CONTRACTING OF FLORIDA VS CYPRESS PROPERTY & CASUALTY INSURANCE COMPANY
|
2D2020-2181
|
2020-07-20
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
2nd District Court of Appeal
|
| Originating Court |
Circuit Court for the Twentieth Judicial Circuit, Collier County
2020-CA-000721-000I-XX
|
Parties
| Name |
UCMS, LLC
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
SEAN SAVAL, ESQ.
|
|
| Name |
D/B/A UNIVERSAL CONTRACTING OF FLORIDA
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
HONORABLE ELIZABETH V. KRIER
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
COLLIER CLERK
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
| Name |
CYPRESS PROPERTY & CASUALTY INSURANCE COMPANY
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
ADAM M. KAY, ESQ., STEVEN G. SCHWARTZ, ESQ.
|
|
Docket Entries
| Docket Date |
2021-08-27
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2021-08-11
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
MISCELLANEOUS ORDER ~ Appellant’s motion for issuance of written opinion and rehearing en banc is denied.
|
|
| Docket Date |
2021-07-13
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ APPELLEE'S RESPONSE IN OPPOSITION TO APPELLANT'S MOTION FOR WRITTEN OPINION AND FOR REHEARING EN BANC
|
| On Behalf Of |
CYPRESS PROPERTY & CASUALTY INSURANCE COMPANY
|
|
| Docket Date |
2021-06-28
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion for Written Opinion
|
| Description |
Motion for Written Opinion ~ APPELLANT'S MOTION FOR ISSUANCE OF WRITTEN OPINIONAND FOR REHEARING EN BANC
|
| On Behalf Of |
UCMS, LLC
|
|
| Docket Date |
2021-06-11
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed - Per Curiam Affirmed
|
|
| Docket Date |
2021-06-11
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Miscellaneous Order ~ Appellant's "Motion for Appellate Attorneys' Fees" is denied.
|
|
| Docket Date |
2021-06-02
|
| Type |
Misc. Events
|
| Subtype |
Oral Argument Date Set
|
| Description |
Oral Argument Date Set ~ Tampa
|
|
| Docket Date |
2021-04-02
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ APPELLEE'S RESPONSE TO APPELLANT'S MOTION FOR APPELLATE ATTORNEYS' FEES
|
| On Behalf Of |
CYPRESS PROPERTY & CASUALTY INSURANCE COMPANY
|
|
| Docket Date |
2021-03-19
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
|
| On Behalf Of |
UCMS, LLC
|
|
| Docket Date |
2021-03-19
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant Reply Brief
|
| On Behalf Of |
UCMS, LLC
|
|
| Docket Date |
2021-02-16
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Stipulation for Extension of Time ~ 30 - RB DUE 3/19/21
|
| On Behalf Of |
UCMS, LLC
|
|
| Docket Date |
2021-01-26
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion/Request for Oral Argument
|
| Description |
Request for Oral Argument
|
| On Behalf Of |
CYPRESS PROPERTY & CASUALTY INSURANCE COMPANY
|
|
| Docket Date |
2021-01-18
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee Answer Brief
|
| On Behalf Of |
CYPRESS PROPERTY & CASUALTY INSURANCE COMPANY
|
|
| Docket Date |
2020-11-18
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
| Description |
ORDER GRANTING EOT FOR ANSWER BRIEF ~ Appellee's motion for extension of time is granted, and the answer brief shall be served by January 19, 2021.
|
|
| Docket Date |
2020-11-03
|
| 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 |
CYPRESS PROPERTY & CASUALTY INSURANCE COMPANY
|
|
| Docket Date |
2020-10-21
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Appellant Brief on Merits
|
| On Behalf Of |
UCMS, LLC
|
|
| Docket Date |
2020-09-21
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Stipulation for Extension of Time ~ 30 - IB DUE 10/22/20
|
| On Behalf Of |
UCMS, LLC
|
|
| Docket Date |
2020-08-25
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ KRIER - 148 PAGES
|
|
| Docket Date |
2020-07-20
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
fee - civil; atty
|
|
| Docket Date |
2020-07-20
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed ~ WITH ORDER
|
| On Behalf Of |
UCMS, LLC
|
|
| Docket Date |
2020-07-20
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
| On Behalf Of |
UCMS, LLC
|
|
| Docket Date |
2020-07-20
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter 1
|
|
| Docket Date |
2021-04-13
|
| Type |
Order
|
| Subtype |
Order Re: Video Oral Argument
|
| Description |
OA Notice Video ~ This case is provisionally set for oral argument on WEDNESDAY, JUNE 02, 2021, at 9:30 A.M., before: Judge Morris Silberman, Judge Edward C. LaRose, Judge John K. Stargel. To mitigate the impact of the COVID-19 outbreak while continuing with the orderly processing of cases, the oral argument will be conducted by video conference. The court calendars can be viewed on this court’s website at www.2dca.org. Counsel or parties are requested to sign in by fifteen minutes prior to the time listed above.The panel is subject to change without notice. Should the assigned panel of judges decide that the court will not benefit from oral argument, the attorneys or parties will be notified by order no less than two weeks before the scheduled date. If this is a criminal proceeding where a victim, as defined in article I, section 16(e), Florida Constitution, has invoked their right to notice under article I, section 16(b)(6), the State is directed to provide the victim with notice of this oral argument and of any changes to the scheduled date.Please review the notice regarding oral argument in the Second District Court of Appeal. A copy has been furnished with this order and may also be found on this court’s website.Within ten days from the date of this order, any attorney or party who will be presenting argument is requested to provide the Clerk of the Court with the email address where the video invitation should be sent and a telephone number. This information may be sent by email to 2dcaClerk@flcourts.org. The Clerk of the Court will provide each participant with connection instructions, including the opportunity for a test session, before the argument.
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UCMS LLC., D/B/A UNIVERSAL CONTRACTING OF FLORIDA, A FOREIGN LLC, A/A/OL STEWART VANDERPOOL VS PROGRESSIVE PROPERTY INSURANCE COMPANY, F/K/A ARK ROYAL INSURANCE
|
2D2020-0599
|
2020-02-20
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
2nd District Court of Appeal
|
| Originating Court |
Circuit Court for the Twentieth Judicial Circuit, Collier County
2019-CA-001335-0001-XX
|
Parties
| Name |
UCMS, LLC
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
KRISTINA ROBERTS, ESQ., SEAN SAVAL, ESQ.
|
|
| Name |
STEWART VANDERPOOL
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
D/B/A UNIVERSAL CONTRACTING OF FLORIDA
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
F/K/A ARK ROYAL INSURANCE
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
PROGRESSIVE PROPERTY INSURANCE COMPANY
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
THOMAS A. KELLER, ESQ., Lauren V. Purdy, Esq., KENNETH B. BELL, ESQ.
|
|
| Name |
HON. LAUREN L. BRODIE
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
HONORABLE ELIZABETH V. KRIER
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
COLLIER CLERK
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2021-04-06
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2021-03-12
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Miscellaneous Order ~ The court on its own motion hereby consolidates case numbers 2D20-352, 2D20-599, and 2D20-1097 for the purpose of issuing a single opinion.
|
|
| Docket Date |
2021-03-12
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed - Citation
|
|
| Docket Date |
2020-09-04
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee Answer Brief
|
| On Behalf Of |
PROGRESSIVE PROPERTY INSURANCE COMPANY
|
|
| Docket Date |
2020-07-28
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Stipulation for Extension of Time ~ 30 - AB DUE 9/4/20
|
| On Behalf Of |
PROGRESSIVE PROPERTY INSURANCE COMPANY
|
|
| Docket Date |
2020-07-06
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Appellant Brief on Merits
|
| On Behalf Of |
UCMS LLC.
|
|
| Docket Date |
2020-05-27
|
| Type |
Order
|
| Subtype |
Order on Motion for Reconsideration/Rehearing of an Order
|
| Description |
ORD-GRANTING RECONSIDERATION ~ The appellee's motion for reconsideration is granted to the extent that this court's order dated May 14, 2020, is vacated, and the following order is substituted instead. Appellee ASI Preferred Insurance Corporation's unopposed motion to consolidate this appeal, case number 2D20-352, with the appeals in case numbers 2D20-599 and 2D20-1097 is granted for briefing purposes. The parties shall file a single brief for all three appeals. However, separate records shall be transmitted.
|
|
| Docket Date |
2020-05-18
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
PROGRESSIVE PROPERTY INSURANCE COMPANY
|
|
| Docket Date |
2020-05-18
|
| Type |
Motions Other
|
| Subtype |
Motion for Reconsideration/Rehearing of an Order
|
| Description |
Motion For Reconsideration ~ APPELLEE'S MOTION FOR RECONSIDERATION OF CONSOLIDATION ORDER
|
| On Behalf Of |
PROGRESSIVE PROPERTY INSURANCE COMPANY
|
|
| Docket Date |
2020-05-14
|
| Type |
Order
|
| Subtype |
Order on Motion to Consolidate
|
| Description |
Grant Record Consolidation/Travel Together ~ ***VACATED***(see 05/27/20 ord)Appellee ASI Preferred Insurance Corporation's unopposed motion to consolidate this appeal, case number 2D20-1097, with the appeals in case numbers 2D20-352 and 2D20-599 is granted for record purposes. The parties shall file separate briefs for each appeal and, as may be necessary, separate motions. However, only one copy of the record shall be transmitted.Appellee's unopposed request to consolidate this appeal, case number2D20-1097, with case number 2D20-667 is granted to the extent that the cases will travel together for review by the same panel of judges. The parties shall file separate briefs for each appeal and, as may be necessary, separate motions. Separate records shall be transmitted for each appeal.
|
|
| Docket Date |
2020-04-30
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
PROGRESSIVE PROPERTY INSURANCE COMPANY
|
|
| Docket Date |
2020-04-09
|
| Type |
Motions Other
|
| Subtype |
Motion To Consolidate
|
| Description |
Motion To Consolidate
|
| On Behalf Of |
PROGRESSIVE PROPERTY INSURANCE COMPANY
|
|
| Docket Date |
2020-04-07
|
| Type |
Notice
|
| Subtype |
Notice of Related Case or Issue
|
| Description |
Notice of Related Case
|
| On Behalf Of |
PROGRESSIVE PROPERTY INSURANCE COMPANY
|
|
| Docket Date |
2020-03-24
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ BRODIE - 540 PAGES
|
|
| Docket Date |
2020-03-09
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
PROGRESSIVE PROPERTY INSURANCE COMPANY
|
|
| Docket Date |
2020-02-20
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed ~ WITH ORDER
|
| On Behalf Of |
UCMS LLC.
|
|
| Docket Date |
2020-02-20
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid through Portal
|
|
| Docket Date |
2020-02-20
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter 1
|
|
| Docket Date |
2020-02-20
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
fee - civil; atty
|
|
|
|
UCMS LLC, D/B/A UNIVERSAL CONTRACTING OF FLORIDA, ET AL. VS ASI ASSURANCE CORP.
|
2D2020-0352
|
2020-01-29
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
2nd District Court of Appeal
|
| Originating Court |
Circuit Court for the Twentieth Judicial Circuit, Collier County
2019-CA-462-0001-XX
|
Parties
| Name |
MELINDA ROBBINS
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
UCMS, LLC
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
KRISTINA ROBERTS, ESQ., SEAN SAVAL, ESQ.
|
|
| Name |
UNIVERSAL CONTRACTING OF FLORIDA, A FOREIGN LLC
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
ASI ASSURANCE CORP.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
LAUREN FELDMAN, ESQ., THOMAS A. KELLER, ESQ., Lauren V. Purdy, Esq., KENNETH B. BELL, ESQ.
|
|
| Name |
HONORABLE ELIZABETH V. KRIER
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
COLLIER CLERK
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2021-04-06
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2021-03-12
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Miscellaneous Order ~ The court on its own motion hereby consolidates case numbers 2D20-352, 2D20-599, and 2D20-1097 for the purpose of issuing a single opinion.
|
|
| Docket Date |
2021-03-12
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed - Citation
|
|
| Docket Date |
2020-11-30
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ TO APPELLANT'S MOTION FOR APPELLATE ATTORNEYS' FEES
|
| On Behalf Of |
ASI ASSURANCE CORP.
|
|
| Docket Date |
2020-11-16
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ TO APPELLEE'S MOTION FORAPPELLATE ATTORNEYS' FEES
|
| On Behalf Of |
UCMS LLC
|
|
| Docket Date |
2020-11-16
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
|
| On Behalf Of |
UCMS LLC
|
|
| Docket Date |
2020-11-16
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant Reply Brief
|
| On Behalf Of |
UCMS LLC
|
|
| Docket Date |
2020-10-30
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Stipulation for Extension of Time ~ 12 - RB DUE 11/16/20
|
| On Behalf Of |
UCMS LLC
|
|
| Docket Date |
2020-10-05
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Stipulation for Extension of Time ~ 30 - RB DUE 11/4/20
|
| On Behalf Of |
UCMS LLC
|
|
| Docket Date |
2020-09-04
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee Answer Brief
|
| On Behalf Of |
ASI ASSURANCE CORP.
|
|
| Docket Date |
2020-09-04
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
|
| On Behalf Of |
ASI ASSURANCE CORP.
|
|
| Docket Date |
2020-07-28
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Stipulation for Extension of Time ~ 30 - AB DUE 9/4/20
|
| On Behalf Of |
ASI ASSURANCE CORP.
|
|
| Docket Date |
2020-07-14
|
| Type |
Record
|
| Subtype |
Supplemental Record
|
| Description |
Supplemental Records ~ 29 PAGES
|
|
| Docket Date |
2020-07-10
|
| Type |
Order
|
| Subtype |
Order on Motion to Supplement Record
|
| Description |
grant supp/short/explain procedure ~ Appellant’s motion to supplement the record is granted to the extent that the appellant shall make arrangements within three days with the clerk of circuit court for the supplementation of the record with the items mentioned in the motion, with the supplemental record to be filed in this court within twenty-five days from the date of this order.Because the record must be supplemented through the clerk of the lower tribunal as just described, the copies of the record materials attached to the motion to supplement will not be considered by this court.
|
|
| Docket Date |
2020-07-08
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion to Supplement Record
|
| Description |
Motion Supplem/Record with/Attached ~ APPELLANT'S MOTION TO SUPPEMENT THE RECORD ON APPEAL FOR CASE NUMBER 2D20-0352
|
| On Behalf Of |
UCMS LLC
|
|
| Docket Date |
2020-07-06
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Appellant Brief on Merits
|
| On Behalf Of |
UCMS LLC
|
|
| Docket Date |
2020-05-27
|
| Type |
Order
|
| Subtype |
Order on Motion for Reconsideration/Rehearing of an Order
|
| Description |
ORD-GRANTING RECONSIDERATION ~ The appellee's motion for reconsideration is granted to the extent that this court's order dated May 14, 2020, is vacated, and the following order is substituted instead. Appellee ASI Preferred Insurance Corporation's unopposed motion to consolidate this appeal, case number 2D20-352, with the appeals in case numbers 2D20-599 and 2D20-1097 is granted for briefing purposes. The parties shall file a single brief for all three appeals. However, separate records shall be transmitted.
|
|
| Docket Date |
2020-05-18
|
| Type |
Motions Other
|
| Subtype |
Motion for Reconsideration/Rehearing of an Order
|
| Description |
Motion For Reconsideration ~ APPELLEE'S MOTION FOR RECONSIDERATION OF CONSOLIDATION ORDER
|
| On Behalf Of |
ASI ASSURANCE CORP.
|
|
| Docket Date |
2020-05-18
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
ASI ASSURANCE CORP.
|
|
| Docket Date |
2020-05-14
|
| Type |
Order
|
| Subtype |
Order on Motion to Consolidate
|
| Description |
Grant Record Consolidation/Travel Together ~ *VACATED-SEE 5/27/2020 ORDER.*Appellee ASI Preferred Insurance Corporation's unopposed motion to consolidate this appeal, case number 2D20-1097, with the appeals in case numbers 2D20-352 and 2D20-599 is granted for record purposes. The parties shall file separate briefs for each appeal and, as may be necessary, separate motions. However, only one copy of the record shall be transmitted.Appellee's unopposed request to consolidate this appeal, case number2D20-1097, with case number 2D20-667 is granted to the extent that the cases will travel together for review by the same panel of judges. The parties shall file separate briefs for each appeal and, as may be necessary, separate motions. Separate records shall be transmitted for each appeal.
|
|
| Docket Date |
2020-04-30
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
ASI ASSURANCE CORP.
|
|
| Docket Date |
2020-04-09
|
| Type |
Motions Other
|
| Subtype |
Motion To Consolidate
|
| Description |
Motion To Consolidate
|
| On Behalf Of |
ASI ASSURANCE CORP.
|
|
| Docket Date |
2020-04-07
|
| Type |
Notice
|
| Subtype |
Notice of Related Case or Issue
|
| Description |
Notice of Related Case
|
| On Behalf Of |
ASI ASSURANCE CORP.
|
|
| Docket Date |
2020-04-03
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Stipulation for Extension of Time ~ 45 - IB DUE 5/21/20
|
| On Behalf Of |
UCMS LLC
|
|
| Docket Date |
2020-03-09
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
ASI ASSURANCE CORP.
|
|
| Docket Date |
2020-03-04
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ KRIER - 538 PAGES
|
|
| Docket Date |
2020-01-30
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
fee - civil; atty ~ This appeal has been filed without a filing fee required by section 35.22(2)(a), Florida Statutes, Florida Statutes.If the attorney for appellant has not already done so, they shall forward the required $300.00 filing fee or, if applicable, an order of the circuit court finding appellant insolvent pursuant to section 57.081, Florida Statutes, within twenty days from the date of this order.If this court does not receive either of the above within the prescribed time, this appeal may be subject to dismissal without further notice.
|
|
| Docket Date |
2020-01-30
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid through Portal
|
|
| Docket Date |
2020-01-30
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter 1
|
|
| Docket Date |
2020-01-29
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed ~ W/ORDER APPEALED
|
| On Behalf Of |
UCMS LLC
|
|
| Docket Date |
2020-01-29
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
|
|
UCMS LLC, D/B/A UNIVERSAL CONTRACTING OF FLORIDA, A FOREIGN LLC AND EDWARD MILLER VS SERVICE INSURANCE COMPANY
|
2D2019-4709
|
2019-12-10
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
2nd District Court of Appeal
|
| Originating Court |
Circuit Court for the Twentieth Judicial Circuit, Collier County
2018-CA-002559-000 I-XX
|
Parties
| Name |
EDWARD MILLER
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
UCMS, LLC
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
SEAN SAVAL, ESQ.
|
|
| Name |
UNIVERSAL CONTRACTING OF FLORIDA, A FOREIGN LLC
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
SERVICE INSURANCE COMPANY
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
MARSHALL N. LAHIFF, ESQ., Michael H. Galex, Esq., Kelly M. Vogt, Esq.
|
|
| Name |
HONORABLE ELIZABETH V. KRIER
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
COLLIER CLERK
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2020-05-14
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
ORDER GRANTING VOLUNTARY DISMISSAL
|
|
| Docket Date |
2020-05-14
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Clerk
|
|
| Docket Date |
2020-05-13
|
| Type |
Motions Other
|
| Subtype |
Motion/Notice Voluntary Dismissal
|
| Description |
Notice of Voluntary Dismissal ~ STIPULATION FOR DISMISSAL OF ACTION WITH PREJUDICE
|
| On Behalf Of |
SERVICE INSURANCE COMPANY
|
|
| Docket Date |
2020-05-11
|
| Type |
Order
|
| Subtype |
Order to Serve Brief
|
| Description |
Order for Immediate Filing of Brief ~ Appellants' initial brief shall be served within 20 days from the date of this order.
|
|
| Docket Date |
2020-03-25
|
| Type |
Record
|
| Subtype |
Supplemental Record
|
| Description |
Supplemental Records ~ 2ND SUPPLEMENTAL - 11 PAGES
|
|
| Docket Date |
2020-03-24
|
| Type |
Order
|
| Subtype |
Order on Motion to Supplement Record
|
| Description |
ORDER GRANTING MOTION TO SUPPLEMENT THE RECORD ~ Appellee's motion to supplement the record is granted, and appellee shall make arrangements within three days with the clerk of the circuit court for the supplementation of the record with the items mentioned in the motion, with the supplemental record to be filed in this court within twenty-five days from the date of this order.
|
|
| Docket Date |
2020-03-20
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion to Supplement Record & EOT/Toll Briefing
|
| Description |
Motion To File Supplemental Record
|
| On Behalf Of |
SERVICE INSURANCE COMPANY
|
|
| Docket Date |
2020-03-18
|
| Type |
Notice
|
| Subtype |
Notice of Designation of E-mail Address
|
| Description |
Notice of Designation of Email Address
|
| On Behalf Of |
SERVICE INSURANCE COMPANY
|
|
| Docket Date |
2020-03-12
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Stipulation for Extension of Time ~ 45 - IB DUE 5/1/20
|
| On Behalf Of |
UCMS LLC
|
|
| Docket Date |
2020-02-25
|
| Type |
Record
|
| Subtype |
Supplemental Record
|
| Description |
Supplemental Records ~ 85 PAGES
|
|
| Docket Date |
2020-01-10
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ KRIER - 369 PAGES
|
|
| Docket Date |
2020-01-09
|
| Type |
Order
|
| Subtype |
Order Discharging Show Cause Order
|
| Description |
ORD-DISCHARGING SHOW CAUSE ~ This court's order to show cause is discharged. The appeal shall proceed.
|
|
| Docket Date |
2020-01-06
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid through Portal
|
|
| Docket Date |
2019-12-26
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ APPELLANT'S RESPONSE TO ORDER TO SHOW CAUSE
|
| On Behalf Of |
UCMS LLC
|
|
| Docket Date |
2019-12-19
|
| Type |
Notice
|
| Subtype |
Notice of Designation of E-mail Address
|
| Description |
Notice of Designation of Email Address
|
| On Behalf Of |
SERVICE INSURANCE COMPANY
|
|
| Docket Date |
2019-12-11
|
| Type |
Order
|
| Subtype |
Show Cause Jurisdiction
|
| Description |
OSC nonfinal, nonappealable civil ~ **DISCHARGED**(see 01/09/20 order)
|
|
| Docket Date |
2019-12-11
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter 1
|
|
| Docket Date |
2019-12-10
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2019-12-10
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed ~ WITH ORDER
|
| On Behalf Of |
UCMS LLC
|
|
|
|
STATE FARM FLORIDA INSURANCE COMPANY VS UCMS, LLC D/B/A UNIVERSAL CONTRACTING OF FLORIDA, ET AL.
|
2D2019-2176
|
2019-06-10
|
Closed
|
|
| Classification |
NOA Non Final - Circuit Civil - Other
|
| Court |
2nd District Court of Appeal
|
| Originating Court |
Circuit Court for the Tenth Judicial Circuit, Polk County
2018CA-3891
|
Parties
| Name |
STATE FARM FLORIDA INSURANCE COMPANY
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
SCOT E. SAMIS, ESQ., STEPHEN A. MESSER, ESQ., DAVID W. MOLHEM, ESQ.
|
|
| Name |
JANE GRIFFIN
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
UNIVERSAL CONTRACTING OF FLORIDA
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
RICARDO NAVARRO
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
UCMS, LLC
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
ANDREW POPP, ESQ.
|
|
| Name |
HON. JOHN M. RADABAUGH
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
POLK CLERK
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2020-02-19
|
| Type |
Misc. Events
|
| Subtype |
Case Closed
|
| Description |
Case Closed
|
|
| Docket Date |
2020-01-28
|
| Type |
Order
|
| Subtype |
Order on Motion For Attorney's Fees
|
| Description |
ORDER GRANTING APPELLEE'S FEES ~ The appellee's motion for attorney's fees is granted, either contingent on the appellee ultimately prevailing below on a theory authorizing fees pursuant to section 627.428, Florida Statutes (2019); see also Sabina v. Dahlia Corp., 678 So. 2d 822, 822-23 (Fla. 2d DCA 1996) ("We adhere to the general rule that, in an interlocutory appeal, the party prevailing on the interlocutory appeal must also be the ultimately prevailing party in the trial court to be entitled to a final judgment of appellate fees from the interlocutory appeal."), or upon the formal stipulation of the parties to the appellee's entitlement to appellate attorney's fees.
|
|
| Docket Date |
2019-10-30
|
| Type |
Response
|
| Subtype |
Reply
|
| Description |
REPLY ~ APPELLEE'S REPLY TO APPELLANT'S RESPONSE TO APPELLEE'S MOTION FOR ATTORNEYS' FEES
|
| On Behalf Of |
UCMS, LLC
|
|
| Docket Date |
2019-10-22
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Miscellaneous Order ~ Within 15 days of the date of this order the appellee shall reply to the appellant's response to the appellee's motion for attorneys' fees. The appellee shall address whether the events in the trial court as described in the response moot the motion for fees.
|
|
| Docket Date |
2019-08-05
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ APPELLANT'S RESPONSE TO APPELLEE'S MOTION FOR APPELLATE ATTORNEYS' FEES
|
| On Behalf Of |
STATE FARM FLORIDA INSURANCE COMPANY
|
|
| Docket Date |
2019-08-05
|
| Type |
Record
|
| Subtype |
Appendix to Response
|
| Description |
APPENDICES /ATTACHMENTS TO RESPONSE ~ APPENDIX TO APPELLANT'S RESPONSE TO APPELLEE'S MOTION FOR APPELLATE ATTORNEYS' FEES
|
| On Behalf Of |
STATE FARM FLORIDA INSURANCE COMPANY
|
|
| Docket Date |
2019-07-24
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
|
| On Behalf Of |
UCMS, LLC
|
|
| Docket Date |
2019-07-17
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Judge ~ CASANUEVA, SLEET, AND LUCAS
|
|
| Docket Date |
2019-07-17
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
ORD-GRANTING APLEE'S MOTION TO DISMISS ~ The appellee's motion to dismiss is granted. This appeal is dismissed as from anonappealable nonfinal order.The appellant's motion to relinquish jurisdiction is denied as moot.
|
|
| Docket Date |
2019-07-17
|
| Type |
Order
|
| Subtype |
Order on Miscellaneous Motion
|
| Description |
Deny Miscellaneous Motion-79a ~ Denied as moot.
|
|
| Docket Date |
2019-07-01
|
| Type |
Order
|
| Subtype |
Order Vacating/Withdrawing Order
|
| Description |
ORDER VACATED ~ This court's order dated June 28, 2019, is hereby vacated.
|
|
| Docket Date |
2019-06-28
|
| Type |
Order
|
| Subtype |
Order to File Response
|
| Description |
ORD-TO FILE RESPONSE ~ ***VACATED***(see 07/01/19 order)The appellant shall respond to the appellee's motion to dismiss within 15 days of the date of this order.
|
|
| Docket Date |
2019-06-28
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ TO APPELLEE'S MOTION TO DISMISS APPEAL
|
| On Behalf Of |
STATE FARM FLORIDA INSURANCE COMPANY
|
|
| Docket Date |
2019-06-27
|
| Type |
Motions Other
|
| Subtype |
Motion To Dismiss
|
| Description |
Motion To Dismiss ~ APPELLEE'S MOTION TO DISMISS APPEAL FOR LACK OF JURISDICTION AND RESPONSE TO APPELLANT'S MOTION TO RELINQUISH JURISDICTION
|
| On Behalf Of |
UCMS, LLC
|
|
| Docket Date |
2019-06-24
|
| Type |
Order
|
| Subtype |
Order to File Response
|
| Description |
ORD-TO FILE RESPONSE ~ Appellees are directed to respond within fifteen (15) days from the date of this order to Appellant’s motion to relinquish jurisdiction.
|
|
| Docket Date |
2019-06-21
|
| Type |
Record
|
| Subtype |
Appendix to Motion
|
| Description |
ALL OTHER MOTIONS APPENDIX/ATTACHMENT
|
| On Behalf Of |
STATE FARM FLORIDA INSURANCE COMPANY
|
|
| Docket Date |
2019-06-21
|
| Type |
Motions Other
|
| Subtype |
Motion To Relinquish Jurisdiction
|
| Description |
Motion To Relinquish Jurisdiction
|
| On Behalf Of |
STATE FARM FLORIDA INSURANCE COMPANY
|
|
| Docket Date |
2019-06-10
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed ~ ATTACHED ORDER APPEALED
|
| On Behalf Of |
STATE FARM FLORIDA INSURANCE COMPANY
|
|
| Docket Date |
2019-06-10
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
fee - civil; atty ~ This appeal has been filed without a filing fee required by section 35.22(2)(a), Florida Statutes, Florida Statutes.If the attorney for appellant has not already done so, they shall forward the required $300.00 filing fee or, if applicable, an order of the circuit court finding appellant insolvent pursuant to section 57.081, Florida Statutes, within twenty days from the date of this order.If this court does not receive either of the above within the prescribed time, this appeal may be subject to dismissal without further notice.
|
|
| Docket Date |
2019-06-10
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter 1
|
|
| Docket Date |
2019-06-10
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
|
