| Docket Date |
2023-02-27
|
| Type |
Order
|
| Subtype |
Atty Fees DY (J/M/O)
|
| Description |
ORDER-ATTY FEES DY (J/M/O) ~ Respondent's Motion for Contingent Award of Appellate Attorneys' Fees and Costs is hereby denied.
|
|
| Docket Date |
2023-02-10
|
| Type |
Order
|
| Subtype |
Acceptance as Timely Filed Response/Reply
|
| Description |
ORDER-ACCEPTANCE AS TIMELY FILED GR (RESP/REPLY) ~ Petitioner's Motion to Deem Its Response in Opposition to Respondent's Motion for Fees as Timely Filed is granted and said response was filed with this Court on February 8, 2023.
|
|
| Docket Date |
2023-02-08
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ Petitioner's Response in Opposition to Respondent's Motion for Attorney's Fees
|
| On Behalf Of |
Florida Insurance Guaranty Association
|
| View |
View File
|
|
| Docket Date |
2023-02-08
|
| Type |
Motion
|
| Subtype |
Acceptance as Timely Filed
|
| Description |
MOTION-ACCEPTANCE AS TIMELY FILED (RESPONSE/REPLY) ~ Petitioner's Motion to Deem Its Response in Opposition to Respondent's Motion for Fees as Timely Filed
|
| On Behalf Of |
Florida Insurance Guaranty Association
|
| View |
View File
|
|
| Docket Date |
2023-01-23
|
| Type |
Order
|
| Subtype |
Response/Reply Requested
|
| Description |
ORDER-RESPONSE/REPLY REQUESTED ~ Respondent Leeward Bay at Tarpon Bay Condominium Association, Inc. has filed a Motion for Contingent Award of Appellate Attorneys' Fees and Costs. Petitioner is hereby requested to file a response to the above-referenced motion on or before February 7, 2023.
|
|
| Docket Date |
2023-01-19
|
| Type |
Disposition
|
| Subtype |
Dism Voluntary
|
| Description |
DISP-DISMISSED-VOLUNTARY ~ Petitioner having filed a proper notice of dismissal pursuant to Florida Rule of Appellate Procedure 9.350(b), it is ordered that the petition for review is hereby voluntarily dismissed.
|
|
| Docket Date |
2022-11-18
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ Respondent's Response to Petitioner's Request to Dismiss Appeal
|
| On Behalf Of |
Leeward Bay at Tarpon Bay Condominium Association, Inc.
|
| View |
View File
|
|
| Docket Date |
2022-11-16
|
| Type |
Motion
|
| Subtype |
Notice-Dismiss (Voluntary)
|
| Description |
NOTICE-DISMISS (VOLUNTARY) ~ Petitioner's Request to Dismiss Appeal
|
| On Behalf Of |
Florida Insurance Guaranty Association
|
| View |
View File
|
|
| Docket Date |
2022-10-07
|
| 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 November 9, 2022, in which to serve the reply brief on the merits. Multiple extensions of time for the same filing are discouraged. Absent extenuating circumstances, subsequent requests may be denied.
|
|
| Docket Date |
2022-10-07
|
| Type |
Motion
|
| Subtype |
Ext of Time (Reply Brief-Merit)
|
| Description |
MOTION-EXT OF TIME (REPLY BRIEF-MERITS) ~ Petitioner's Motion for Extension of Time
|
| On Behalf Of |
Florida Insurance Guaranty Association
|
| View |
View File
|
|
| Docket Date |
2022-09-01
|
| Type |
Order
|
| Subtype |
Brief Sched (Misc)
|
| Description |
ORDER-BRIEF SCHED (MISC) ~ Based on the substitution of the Florida Insurance Guaranty Association as petitioner in this case, and the lift of the automatic stay below, the stay in this court is hereby lifted. Petitioner's reply brief shall be served on or before October 3, 2022.
|
|
| Docket Date |
2022-05-05
|
| Type |
Order
|
| Subtype |
Party Dismissal
|
| Description |
ORDER-PARTY DISMISSAL GR ~ The Agreed Motion to Substitute Florida Insurance Guaranty Association for Insolvent Insurer, Amend Caption to Name Florida Insurance Guaranty Association as Petitioner, and to Substitute Counsel for Petitioner is hereby granted.The Florida Insurance Guaranty Association is hereby substituted for American Capital Assurance Corporation as the petitioner in this case. The style of the case has been changed from American Capital Assurance Corporation vs. Leeward Bay at Tarpon Bay Condominium Association, Inc. to Florida Insurance Guaranty Association vs. Leeward Bay at Tarpon Bay Condominium Association, Inc. Quintairos, Prieto, Wood & Boyer, P.A., Dorothy DiFiore, and Olivier Lindemann are substituted as counsel for petitioner.
|
|
| Docket Date |
2022-04-29
|
| Type |
Motion
|
| Subtype |
Other Substantive
|
| Description |
MOTION-OTHER SUBSTANTIVE ~ Agreed Motion to Substitute Florida Insurance Guaranty Association for Insolvent Insurer, Amend Caption to Name Florida Insurance Guaranty Association as Petitioner, and to Substitute Counsel for Petitioner
|
| On Behalf Of |
Florida Insurance Guaranty Association
|
| View |
View File
|
|
| Docket Date |
2022-04-22
|
| Type |
Notice
|
| Subtype |
Appearance
|
| Description |
NOTICE-APPEARANCE ~ Notice of Appearance of Additional Counsel and Designation of Email Addresses for Respondent
|
| On Behalf Of |
Leeward Bay at Tarpon Bay Condominium Association, Inc.
|
| View |
View File
|
|
| Docket Date |
2021-11-04
|
| Type |
Order
|
| Subtype |
Stay Proceedings FSC (Misc)
|
| Description |
ORDER-STAY PROCEEDINGS FSC (MISC) ~ The Court takes judicial notice of the extension of the automatic, permanent stay of proceedings against Petitioner American Capital Assurance Corporation. See § 631.041(1)(a), Fla. Stat. (2020). This case is hereby stayed for an additional six months, and until further order of the Court, pursuant to section 631.67, Florida Statutes.
|
|
| Docket Date |
2021-10-18
|
| Type |
Motion
|
| Subtype |
Stay (FSC Proceedings)
|
| Description |
MOTION-STAY (FSC PROCEEDINGS) ~ Notice of Extension of Stay of Proceedings
|
| On Behalf Of |
American Capital Assurance Corporation
|
| View |
View File
|
|
| Docket Date |
2021-06-21
|
| Type |
Order
|
| Subtype |
Stay Proceedings FSC (Misc)
|
| Description |
ORDER-STAY PROCEEDINGS FSC (MISC) ~ The Court takes judicial notice of the automatic, permanent stay of proceedings against Petitioner American Capital Assurance Corporation. See § 631.041(1)(a), Fla. Stat. (2020). This case is hereby stayed for six months, and until further order of the Court, pursuant to section 631.67, Florida Statutes.
|
|
| Docket Date |
2021-05-20
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ Respondent's Response to Petitioner's Notice Requesting Mandatory Stay of Proceedings
|
| On Behalf Of |
Leeward Bay at Tarpon Bay Condominium Association, Inc.
|
| View |
View File
|
|
| Docket Date |
2021-05-06
|
| Type |
Motion
|
| Subtype |
Stay (FSC Proceedings)
|
| Description |
MOTION-STAY (FSC PROCEEDINGS) ~ Filed as "Notice of Mandatory Stay of Proceedings"
|
| On Behalf Of |
American Capital Assurance Corporation
|
| View |
View File
|
|
| Docket Date |
2021-05-05
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ Response to Motion for Contingent Appellate Attorneys' Fees and Costs
|
| On Behalf Of |
American Capital Assurance Corporation
|
| View |
View File
|
|
| Docket Date |
2021-05-03
|
| Type |
Brief
|
| Subtype |
Amicus Curiae Answer
|
| Description |
AMICUS CURIAE ANSWER BRIEF-MERITS ~ Amicus Curiae Brief of the Florida Justice Association in Support of Respondent
|
| On Behalf Of |
Florida Justice Association
|
| View |
View File
|
|
| Docket Date |
2021-04-26
|
| Type |
Motion
|
| Subtype |
Attorney's Fees
|
| Description |
MOTION-ATTORNEYS FEES ~ Respondent's Motion for Contingent Award of Appellate Attorneys' Fees and Costs
|
| On Behalf Of |
Leeward Bay at Tarpon Bay Condominium Association, Inc.
|
| View |
View File
|
|
| Docket Date |
2021-04-22
|
| Type |
Brief
|
| Subtype |
Answer-Merit
|
| Description |
ANSWER BRIEF-MERITS ~ RESPONDENT'S ANSWER BRIEF
|
| On Behalf Of |
Leeward Bay at Tarpon Bay Condominium Association, Inc.
|
| View |
View File
|
|
| Docket Date |
2021-04-05
|
| Type |
Order
|
| Subtype |
Amicus Curiae
|
| Description |
ORDER-AMICUS CURIAE DY ~ La Rive Gauche Condominium Association, Inc.'s Motion for Leave to Appear as Amicus Curiae in Support of Respondents is hereby denied.
|
|
| Docket Date |
2021-04-01
|
| Type |
Motion
|
| Subtype |
Ext of Time (Answer Brief-Merit)
|
| Description |
MOTION-EXT OF TIME (ANSWER BRIEF-MERITS) ~ Respondent's Unopposed Motion for Extension of Time to File Answer Brief
|
| On Behalf Of |
Leeward Bay at Tarpon Bay Condominium Association, Inc.
|
| View |
View File
|
|
| Docket Date |
2021-04-01
|
| Type |
Notice
|
| Subtype |
Appearance
|
| Description |
NOTICE-APPEARANCE
|
| On Behalf Of |
United Policyholders
|
| View |
View File
|
|
| Docket Date |
2021-04-01
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ Petitioner's Response to Motion for Leave to Appear as Amicus Curiae
|
| On Behalf Of |
American Capital Assurance Corporation
|
| View |
View File
|
|
| Docket Date |
2021-04-01
|
| Type |
Order
|
| Subtype |
Amicus Curiae
|
| Description |
ORDER-AMICUS CURIAE GR ~ The motion for leave to file brief as amicus curiae filed by United Policyholders is hereby granted and they are allowed to file brief only in support of respondent. The brief by the above referenced amicus curiae shall be served pursuant to Florida Rule of Appellate Procedure 9.370(c).
|
|
| Docket Date |
2021-03-26
|
| Type |
Motion
|
| Subtype |
Amicus Curiae
|
| Description |
MOTION-AMICUS CURIAE ~ La Rive Gauche Condominium Association, Inc.'s Motion for Leave to Appear as Amicus Curiae in Support of Respondents
|
| On Behalf Of |
La Rive Gauche Condominium Association, Inc.
|
| View |
View File
|
|
| Docket Date |
2021-03-18
|
| Type |
Brief
|
| Subtype |
Amicus Curiae Initial
|
| Description |
AMICUS CURIAE INITIAL BRIEF-MERITS ~ AMICUS BRIEF OFFLORIDA DEFENSE LAWYERS ASSOCIATIONIN SUPPORT OF PETITIONER
|
| On Behalf Of |
Florida Defense Lawyers Association
|
| View |
View File
|
|
| Docket Date |
2021-03-10
|
| Type |
Order
|
| Subtype |
Amicus Curiae
|
| Description |
ORDER-AMICUS CURIAE GR ~ The motion for leave to file brief as amicus curiae filed by Florida Justice Association is hereby granted and they are allowed to file brief only in support of respondent. The brief by the above referenced amicus curiae shall be served pursuant to Florida Rule of Appellate Procedure 9.370(c).
|
|
| Docket Date |
2021-03-10
|
| Type |
Motion
|
| Subtype |
Amicus Curiae
|
| Description |
MOTION-AMICUS CURIAE ~ Unopposed Motion for Leave for Florida Justice Association to Appear as Amicus Curiae
|
| On Behalf Of |
Florida Justice Association
|
| View |
View File
|
|
| Docket Date |
2021-03-09
|
| Type |
Miscellaneous Document
|
| Subtype |
Certificate of Service (Amended)
|
| Description |
CERTIFICATE OF SERVICE (AMD)
|
| On Behalf Of |
American Capital Assurance Corporation
|
| View |
View File
|
|
| Docket Date |
2021-03-09
|
| Type |
Order
|
| Subtype |
Certificate of Service Compliance
|
| Description |
ORDER-CERTIFICATE OF SERVICE COMPLIANCE ~ All pleadings filed in this Court must contain a Certificate of Service stating the names and addresses of those served and, if served on an attorney, the name of the party that attorney represents. See Fla. R. App. P. 9.420. Petitioner's initial brief on the merits will not be submitted to the Court until you have served all parties and filed with this Court a proper Certificate of Service. Failure to provide this Court with a Certificate of Service within five days from the date of this order could result in the imposition of sanctions, including dismissal of the petition. See Fla. R. App. P. 9.410.Please understand that once this case is dismissed, it may not be subject to reinstatement.
|
|
| Docket Date |
2021-03-08
|
| Type |
Brief
|
| Subtype |
Initial-Merit
|
| Description |
INITIAL BRIEF-MERITS ~ (Certificate of service does not include service to amicus curiae)
|
| On Behalf Of |
American Capital Assurance Corporation
|
| View |
View File
|
|
| Docket Date |
2021-02-24
|
| Type |
Order
|
| Subtype |
Amicus Curiae
|
| Description |
ORDER-AMICUS CURIAE GR ~ The motion for leave to file brief as amicus curiae filed by Florida Defense Lawyers Association is hereby granted and they are allowed to file brief only in support of petitioner. The brief by the above referenced amicus curiae shall be served pursuant to Florida Rule of Appellate Procedure 9.370(c).
|
|
| Docket Date |
2021-02-23
|
| Type |
Motion
|
| Subtype |
Amicus Curiae
|
| Description |
MOTION-AMICUS CURIAE ~ Florida Defense Lawyers Association's Motion for Leave to Appear as Amicus Curiae in Support of Petitioner
|
| On Behalf Of |
Florida Defense Lawyers Association
|
| View |
View File
|
|
| Docket Date |
2021-02-17
|
| Type |
Record
|
| Subtype |
Record/Transcript
|
| Description |
RECORD ~ 1 VOLUME CERTIFIED COPIES OF APPEAL PAPERS - Filed Electronically
|
| On Behalf Of |
Hon. Mary Beth Kuenzel
|
|
| Docket Date |
2021-02-08
|
| Type |
Order
|
| Subtype |
Juris Accept/Brief Sched (OA Later Date)
|
| Description |
ORDER-JURIS ACCEPT/BRIEF SCHED (OA LATER DATE) ~ The Court accepts jurisdiction of this case. Petitioner's initial brief on the merits must be served on or before March 15, 2021; respondent's answer brief on the merits must be served thirty days after service of petitioner's initial brief on the merits; petitioner's reply brief on the merits must be served thirty days after service of respondent's answer brief on the merits; and respondent's cross-reply brief on the merits, if authorized, must be served thirty days after service of petitioner's reply brief on the merits.The Clerk of the Second District Court of Appeal must file the record which must be properly indexed and paginated on or before March 5, 2021. The Clerk may provide the record in the format as currently maintained at the district court, either paper or electronic.As jurisdiction has been accepted in the above cause, any movant who wishes to follow through on a previously-filed Notice of Intent to Appear as Amicus or Amici Curiae must now proceed in compliance with Florida Rule of Appellate Procedure 9.370. Oral argument will be set by separate order. Counsel for the parties will be notified of the oral argument date approximately sixty days prior to oral argument.
|
|
| Docket Date |
2021-01-28
|
| Type |
Order
|
| Subtype |
Stay Proceedings Below
|
| Description |
ORDER-STAY PROCEEDINGS BELOW GR ~ Petitioner's Motion to Stay Mandate filed in the above cause is granted and proceedings in the Second District Court of Appeal and in the Circuit Court of the Eleventh Judicial Circuit in and for Collier County, Florida, are hereby stayed pending disposition of the petition for review filed herein.
|
|
| Docket Date |
2021-01-04
|
| Type |
Brief
|
| Subtype |
Juris Answer
|
| Description |
JURIS ANSWER BRIEF
|
| On Behalf Of |
Leeward Bay at Tarpon Bay Condominium Association, Inc.
|
| View |
View File
|
|
| Docket Date |
2021-01-04
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ Respondent's Opposition to Motion To Stay Mandate
|
| On Behalf Of |
Leeward Bay at Tarpon Bay Condominium Association, Inc.
|
| View |
View File
|
|
| Docket Date |
2020-12-29
|
| Type |
Notice
|
| Subtype |
Amicus Curiae Intent to Appear
|
| Description |
NOTICE-AMICUS CURIAE INTENT TO APPEAR ~ Florida Defense Lawyers Association's Notice of Intent to Appear As Amicus Curiae on Behalf of the Petitioner
|
| On Behalf Of |
Florida Defense Lawyers Association
|
| View |
View File
|
|
| Docket Date |
2020-12-16
|
| Type |
Motion
|
| Subtype |
Stay (Proceedings Below)
|
| Description |
MOTION-STAY (PROCEEDINGS BELOW) ~ Motion to Stay Mandate
|
| On Behalf Of |
American Capital Assurance Corporation
|
| View |
View File
|
|
| Docket Date |
2020-12-14
|
| Type |
Brief
|
| Subtype |
Juris Initial
|
| Description |
JURIS INITIAL BRIEF
|
| On Behalf Of |
American Capital Assurance Corporation
|
| View |
View File
|
|
| Docket Date |
2020-12-10
|
| 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 December 28, 2020, in which to serve the brief on jurisdiction. Multiple extensions of time for the same filing are discouraged. Absent extenuating circumstances, subsequent requests may be denied. All other times will be extended accordingly.
|
|
| Docket Date |
2020-12-09
|
| Type |
Event
|
| Subtype |
Fee Paid Through Portal
|
| Description |
Fee Paid Through Portal
|
|
| Docket Date |
2020-12-09
|
| Type |
Miscellaneous Document
|
| Subtype |
Pay Case Filing Fee-300
|
| Description |
PAY CASE FILING FEE-300
|
| On Behalf Of |
American Capital Assurance Corporation
|
| View |
View File
|
|
| Docket Date |
2020-12-08
|
| Type |
Motion
|
| Subtype |
Toll Time
|
| Description |
MOTION-TOLL TIME
|
| On Behalf Of |
American Capital Assurance Corporation
|
| View |
View File
|
|
| Docket Date |
2020-12-07
|
| Type |
Notice
|
| Subtype |
Appearance
|
| Description |
NOTICE-APPEARANCE
|
| On Behalf Of |
American Capital Assurance Corporation
|
| View |
View File
|
|
| Docket Date |
2020-12-07
|
| Type |
Letter-Case
|
| Subtype |
Acknowledgment Letter-New Case-Pay Fee
|
| Description |
ACKNOWLEDGMENT LETTER-NEW CASE-PAY FEE
|
|
| Docket Date |
2020-12-04
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2020-12-04
|
| Type |
Notice
|
| Subtype |
Invoke Discretionary Jurisdiction
|
| Description |
NOTICE-DISCRETIONARY JURIS (CERT DIRECT CONFLICT)
|
| On Behalf Of |
American Capital Assurance Corporation
|
| View |
View File
|
|
