| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
3rd District Court of Appeal
|
| Originating Court |
Circuit Court for the Eleventh Judicial Circuit, Miami-Dade County
19-29227
|
Parties
| Name |
O.R. DEAN CONSTRUCTION INC.
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Thomas G. Neusom
|
|
| Name |
LIBERTY MUTUAL INSURANCE COMPANY
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
CHARLES E. FOMBRUN, GARY M. STEIN
|
|
| Name |
Hon. Carlos Lopez
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Miami-Dade Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2022-12-28
|
| Type |
Order
|
| Subtype |
Order on Motion for Reconsideration/Rehearing of an Order
|
| Description |
Rehearing denied (OD57) ~ Upon consideration, Appellant’s Motion for Rehearing is hereby denied. LOGUE, MILLER and BOKOR, JJ., concur.
|
|
| Docket Date |
2022-12-15
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ APPELLEE, TURNER CONSTRUCTION COMPANY'S, RESPONSE TO MOTION FOR REHEARING
|
| On Behalf Of |
LIBERTY MUTUAL INSURANCE COMPANY
|
|
| Docket Date |
2022-11-30
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion for Rehearing
|
| Description |
Motion For Rehearing
|
| On Behalf Of |
O.R. DEAN CONSTRUCTION INC.
|
|
| Docket Date |
2022-11-17
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2022-11-17
|
| Type |
Mandate
|
| Subtype |
Disp. w/o Mandate
|
| Description |
Disp w/o mandate
|
|
| Docket Date |
2022-10-31
|
| Type |
Brief
|
| Subtype |
Amended Initial Brief
|
| Description |
Amended Initial Brief ~ APPELLANT OR DEAN'S FIRST AMENDED APPELLATE BRIEF
|
| On Behalf Of |
O.R. DEAN CONSTRUCTION INC.
|
|
| Docket Date |
2022-10-26
|
| Type |
Disposition by Opinion
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Judge
|
|
| Docket Date |
2022-10-26
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
Appeal Dismissed by the Court (DA11) ~ Upon the Court’s own motion, it is ordered that the above-styled appeal is hereby dismissed.
|
|
| Docket Date |
2022-09-21
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits ~ *Initial Brief Stricken, See Order issued 10/7/22
|
| On Behalf Of |
O.R. DEAN CONSTRUCTION INC.
|
|
| Docket Date |
2022-09-20
|
| Type |
Motions Other
|
| Subtype |
Motion To Dismiss
|
| Description |
Motion To Dismiss ~
|
| On Behalf Of |
LIBERTY MUTUAL INSURANCE COMPANY
|
|
| Docket Date |
2022-09-09
|
| Type |
Order
|
| Subtype |
Order to Serve Brief
|
| Description |
AA to file intitial brief w/in 10 days (OR21A) ~ Pursuant to the time schedule provided in the Florida Rules of Appellate Procedure, the time for filing the initial brief has expired. This cause will be subject to dismissal unless the document referred to is filed within ten (10) days from the date of this Order, or within said time the Court is otherwise notified that this matter is being diligently prosecuted.
|
|
| Docket Date |
2022-08-25
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Record on Appeal
|
| On Behalf Of |
Miami-Dade Clerk
|
|
| Docket Date |
2022-06-13
|
| 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 June 23, 2022.
|
|
| Docket Date |
2022-06-13
|
| 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 |
2022-06-13
|
| Type |
Notice
|
| Subtype |
Notice of Appeal Transmittal Form
|
| Description |
Notice of Transmittal--NOA
|
| On Behalf Of |
LIBERTY MUTUAL INSURANCE COMPANY
|
|
| Docket Date |
2022-06-13
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
| Docket Date |
2022-11-17
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
MISCELLANEOUS ORDER (OR999) ~ On October 7, 2022, this Court issued an Order striking the already untimely Initial Brief for failure to comply with the Florida Rules of Appellate Procedure. The October 7, 2022, Order gave Appellant until Thursday, October 13, 2022, to file a compliant initial brief. On October 26, 2022, noting that no initial brief had been filed, this Court on its own motion, dismissed the Appeal. Subsequently, and without seeking leave, on October 31, 2022, Appellant filed “O.R. Dean’s First Amended Appellate Brief.” This Initial Brief is unauthorized, untimely, and, additionally, contains formatting errors, incoherent or incomplete argument, and otherwise fails to meet basic standards of practice before this Court. Accordingly, the amended brief is stricken, and the matter remains dismissed. LOGUE, MILLER and BOKOR, JJ., concur.
|
|
| Docket Date |
2022-10-07
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
MISCELLANEOUS ORDER (OR999) ~ Appellee Turner Construction Company moves to dismiss the appeal for failure to file an initial brief as required by the relevant Rule and by this Court's September 9, 2022, Order requiring the filing of such brief within ten (10) days. On September 21, 2022, the day after the filing of the Motion to Dismiss, Appellant filed its Initial Brief. However, a cursory review of the Initial Brief reveals a complete lack of compliance with the requirements of Florida Rule of Appellate Procedure 9.210(b). The lack of compliance spans from technical and formatting issues, to a missing, or inadequate, table of contents, citations, record cites, summary of argument, etc. Accordingly, the Court holds the Motion to Dismiss in abeyance, strikes, sua sponte, the Initial Brief, and orders Appellant to file a compliant, properly formatted Initial Brief, with, inter alia, proper record citations and references to pertinent case law, on or before Thursday, October 13, 2022. Failure to comply with this Order may result in sanctions, without further hearing, including, but not limited, to the dismissal of this appeal. LOGUE, MILLER and BOKOR, JJ., concur.
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