| Docket Date |
2019-03-13
|
| Type |
Brief
|
| Subtype |
Answer/Cross Initial-Merit
|
| Description |
ANSWER/CROSS INITIAL BRIEF-MERITS
|
| On Behalf Of |
Ark Royal Insurance Company
|
| View |
View File
|
|
| Docket Date |
2019-02-26
|
| Type |
Brief
|
| Subtype |
Amicus Curiae Initial
|
| Description |
AMICUS CURIAE INITIAL BRIEF-MERITS ~ AMICUS CURIAE BRIEF OF RESTORATION ASSOCIATION OFFLORIDA IN SUPPORT OF RESTORATION 1 OF PORT SAINT LUCIELLC
|
| On Behalf Of |
Restoration Association of Florida
|
| View |
View File
|
|
| Docket Date |
2019-02-27
|
| Type |
Order
|
| Subtype |
Amicus Curiae
|
| Description |
ORDER-AMICUS CURIAE GR ~ The motion for leave to file brief as amici curiae filed by the American Property Casualty Insurance Association, and the National Association of Mutual Insurance Companies, is hereby granted and they are allowed to file brief only in support of respondent/cross-petitioner. The brief by the above referenced amici curiae shall be served pursuant to Florida Rule of Appellate Procedure 9.370(c).
|
|
| Docket Date |
2019-02-26
|
| Type |
Motion
|
| Subtype |
Amicus Curiae
|
| Description |
MOTION-AMICUS CURIAE ~ JOINT MOTION TO APPEAR AND FILE ANAMICUS CURIAE BRIEF IN SUPPORT OF RESPONDENT/CROSS-PETITIONER ARK ROYAL INSURANCE COMPANY
|
| On Behalf Of |
Personal Insurance Federation of Florida
|
| View |
View File
|
|
| Docket Date |
2019-07-29
|
| Type |
Disposition
|
| Subtype |
Dism Misc
|
| Description |
DISP-DISMISSED MISC. ~ On December 27, 2018, this Court entered its order accepting jurisdiction to review the decision of the Fourth District Court of Appeal in Restoration 1 of Port St. Lucie v. Ark Royal Insurance Co., 255 So. 3d 344 (Fla. 4th DCA 2018), based on certified direct conflict with the decision of the Fifth District Court of Appeal in Security First Insurance Co. v. Florida Office of Insurance Regulation, 232 So. 3d 1157 (Fla. 5th DCA 2017), and express and direct conflict with the decision of the Fifth District in Restoration 1 CFL, LLC v. ASI Preferred Insurance Corp., 239 So. 3d 747 (Fla. 5th DCA 2018). See art. V, § 3(b)(3), (4), Fla. Const. The conflict issue involves the validity of "a restriction" in an insurance policy "that requires the consent of all the insureds and the mortgagee before any assignment [of post-loss benefits]." Restoration 1 of Port St. Lucie, 255 So. 3d at 346. Subsequent to this Court accepting jurisdiction, the Legislature passed, and the Governor approved, "[a]n act relating to insurance assignment agreements." See ch. 2019-57, Laws of Fla. Section 1 of the act creates new section 627.7152, Florida Statutes, titled "Assignment agreements," that among other things defines the term "assignment agreement" and sets forth certain requirements for an assignment agreement to be valid and enforceable. Ch. 2019-57, § 1, Laws of Fla. Section 2 of the act creates new section 627.7153, Florida Statutes, titled "Policies restricting assignment of post-loss benefits under a property insurance policy," that among other things permits an insurer to "make available a policy that restricts in whole or in part an insured's right to execute an assignment agreement" if certain conditions are met. Ch. 2019-57, § 2, Laws of Fla. The act has an effective date of July 1, 2019. Id. § 6. Because we conclude that the new legislation addresses on a going-forward basis the issue before us, we exercise our discretion to discharge jurisdiction. Accordingly, we hereby discharge jurisdiction and dismiss this review proceeding. Any and all pending motions are hereby denied as moot.No motion for rehearing or reinstatement will be entertained by the Court. See Fla. R. App. P. 9.330(d)(2).
|
|
| Docket Date |
2019-05-28
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ PETITIONER/CROSS-RESPONDENT'S RESPONSE TORESPONDENT/CROSS-PETITIONER'S MOTIONFOR APPELLATE ATTORNEY'S FEES
|
| On Behalf Of |
Restoration 1 of Port St. Lucie
|
| View |
View File
|
|
| Docket Date |
2019-05-24
|
| Type |
Motion
|
| Subtype |
Request-Oral Argument
|
| Description |
REQUEST-ORAL ARGUMENT
|
| On Behalf Of |
Ark Royal Insurance Company
|
| View |
View File
|
|
| Docket Date |
2019-05-24
|
| Type |
Brief
|
| Subtype |
Cross Reply-Merit
|
| Description |
CROSS REPLY BRIEF-MERITS ~ REPLY BRIEF IN SUPPORT OF CROSS-INITIAL BRIEF
|
| On Behalf Of |
Ark Royal Insurance Company
|
| View |
View File
|
|
| Docket Date |
2019-05-01
|
| Type |
Motion
|
| Subtype |
Request-Oral Argument
|
| Description |
REQUEST-ORAL ARGUMENT
|
| On Behalf Of |
Restoration 1 of Port St. Lucie
|
| View |
View File
|
|
| Docket Date |
2019-04-26
|
| Type |
Brief
|
| Subtype |
Reply/Cross Answer-Merit
|
| Description |
REPLY/CROSS ANSWER BRIEF-MERITS ~ REPLY/CROSS ANSWER BRIEF OF PETITIONER/CROSS-RESPONDENT
|
| On Behalf Of |
Restoration 1 of Port St. Lucie
|
| View |
View File
|
|
| Docket Date |
2019-03-27
|
| Type |
Order
|
| Subtype |
Extension of Time (Merits Brief)
|
| Description |
ORDER-EXT OF TIME GR (REPLY BRIEF-MERITS) ~ Petitioner/cross-respondent's motion for extension of time is granted and petitioner/cross-respondent is allowed to and including April 26, 2019, in which to serve the reply/cross-answer brief on the merits. Multiple extensions of time for the same filing are discouraged. Absent extenuating circumstances, subsequent requests may be denied.
|
|
| Docket Date |
2019-03-26
|
| Type |
Motion
|
| Subtype |
Ext of Time (Reply Brief-Merit)
|
| Description |
MOTION-EXT OF TIME (REPLY BRIEF-MERITS)
|
| On Behalf Of |
Restoration 1 of Port St. Lucie
|
| View |
View File
|
|
| Docket Date |
2019-03-26
|
| Type |
Brief
|
| Subtype |
Amicus Curiae Answer (Amended)
|
| Description |
AMICUS CURIAE ANSWER AMD BRIEF-MERITS ~ CORRECTED AMICUS CURIAE BRIEF OFTHE FLORIDA JUSTICE REFORM INSTITUTEIN SUPPORT OF RESPONDENT/CROSS-PETITIONER **See 3/26/19 ORDER-BRIEF AMENDMENT GR**
|
| On Behalf Of |
Florida Justice Reform Institute
|
| View |
View File
|
|
| Docket Date |
2019-03-26
|
| Type |
Order
|
| Subtype |
Brief Amendment
|
| Description |
ORDER-BRIEF AMENDMENT GR ~ Florida Justice Reform Institute's Motion to File a Corrected Amicus Curiae Brief of the Florida Justice Reform Institute in Support of Respondent/Cross-Petitioner is granted and said amended brief was filed with this Court on March 26, 2019. Florida Justice Reform Institute's amicus curiae brief filed with this Court on March 25, 2019, is hereby stricken.
|
|
| Docket Date |
2019-03-25
|
| Type |
Brief
|
| Subtype |
Amicus Curiae Answer
|
| Description |
AMICUS CURIAE ANSWER BRIEF-MERITS ~ AMICUS CURIAE BRIEF OF THE FLORIDA JUSTICE REFORM INSTITUTE IN SUPPORT OF RESPONDENT/CROSS-PETITIONER **Stricken 3/26/19, in light of amended brief filed.**
|
| On Behalf Of |
Florida Justice Reform Institute
|
| View |
View File
|
|
| Docket Date |
2019-03-22
|
| Type |
Brief
|
| Subtype |
Amicus Curiae Answer
|
| Description |
AMICUS CURIAE ANSWER BRIEF-MERITS ~ AMICUS BRIEF OF THE AMERICAN PROPERTY AND CASUALTY INSURANCE ASSOCIATION AND NATIONAL ASSOCIATION OF MUTUAL INSURANCE COMPANIES IN SUPPORT OF RESPONDENT/CROSS-PETITIONER
|
| On Behalf Of |
American Property Casualty Insurance Association
|
| View |
View File
|
|
| Docket Date |
2019-03-15
|
| Type |
Brief
|
| Subtype |
Amicus Curiae Answer
|
| Description |
AMICUS CURIAE ANSWER BRIEF-MERITS ~ AMICUS CURIAE BRIEF OFWASHINGTON LEGAL FOUNDATIONIN SUPPORT OF RESPONDENT/CROSS-PETITIONER
|
| On Behalf Of |
Washington Legal Foundation
|
| View |
View File
|
|
| Docket Date |
2019-02-21
|
| Type |
Order
|
| Subtype |
Extension of Time (Amicus Curiae)
|
| Description |
ORDER-EXT OF TIME GR (AMICUS CURIAE) ~ The motion for extension of time filed in the above case by Restoration Association of Florida is granted and said amicus curiae is allowed to and including February 26, 2019, in which to serve the amicus curiae initial brief on the merits. 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 |
2019-02-20
|
| Type |
Brief
|
| Subtype |
Amicus Curiae Initial
|
| Description |
AMICUS CURIAE INITIAL BRIEF-MERITS ~ AMICUS BRIEF OF THE FLORIDA JUSTICE ASSOCIATIONIN SUPPORT OF PETITIONERS
|
| On Behalf Of |
Florida Justice Association
|
| View |
View File
|
|
| Docket Date |
2019-02-20
|
| Type |
Motion
|
| Subtype |
Ext of Time (Amicus Curiae Brief)
|
| Description |
MOTION-EXT OF TIME (AMICUS CURIAE BRIEF) ~ AMICUS, RESTORATION ASSOCIATION OF FLORIDA'S MOTION FOR EXTENSION OF TIME TO FILE AMICUS BRIEF ON BEHALF OF RESTORATION 1 OF PORT SAINT LUCIE LLC
|
| On Behalf Of |
Restoration Association of Florida
|
| View |
View File
|
|
| Docket Date |
2019-02-14
|
| Type |
Order
|
| Subtype |
Amicus Curiae
|
| Description |
ORDER-AMICUS CURIAE GR ~ The motion for leave to file brief as amicus curiae filed by Washington Legal Foundation is hereby granted and they are allowed to file brief only in support of respondent/cross-petitioner. The brief by the above referenced amicus curiae shall be served pursuant to Florida Rule of Appellate Procedure 9.370(c).
|
|
| Docket Date |
2019-02-14
|
| Type |
Motion
|
| Subtype |
Amicus Curiae
|
| Description |
MOTION-AMICUS CURIAE ~ UNOPPOSED MOTION OF WASHINGTON LEGAL FOUNDATIONFOR LEAVE TO APPEAR AS AMICUS CURIAEIN SUPPORT OF ARK ROYAL INSURANCE COMPANY
|
| On Behalf Of |
Washington Legal Foundation
|
| View |
View File
|
|
| Docket Date |
2019-02-11
|
| Type |
Brief
|
| Subtype |
Initial-Merit
|
| Description |
INITIAL BRIEF-MERITS ~ INITIAL BRIEF OFPETITIONER/CROSS-RESPONDENT
|
| On Behalf Of |
Restoration 1 of Port St. Lucie
|
| View |
View File
|
|
| Docket Date |
2019-01-23
|
| Type |
Order
|
| Subtype |
Amicus Curiae
|
| Description |
ORDER-AMICUS CURIAE GR ~ The motion for leave to file brief as amicus curiae filed by the Florida Roofing and Sheet Metal Contractors Association, Inc. is hereby granted and they are allowed to file brief only in support of respondent/cross-petitioner. The brief by the above referenced amicus curiae shall be served pursuant to Florida Rule of Appellate Procedure 9.370(c).
|
|
| Docket Date |
2019-01-22
|
| Type |
Motion
|
| Subtype |
Amicus Curiae
|
| Description |
MOTION-AMICUS CURIAE ~ FLORIDA ROOFING & SHEET METAL CONTRACTORS ASSOCIATION'S MOTION FOR LEAVE TO FILE AMICUS CURIAE BRIEF IN SUPPORT OF ARK ROYAL INSURANCE COMPANY
|
| On Behalf Of |
Florida Roofing and Sheet Metal Contractors Association, Inc.
|
| View |
View File
|
|
| Docket Date |
2019-01-18
|
| Type |
Motion
|
| Subtype |
Amicus Curiae
|
| Description |
MOTION-AMICUS CURIAE ~ FLORIDA BANKERS ASSOCIATION'S MOTION FOR LEAVE TO FILEAMICUS CURIAE BRIEF
|
| On Behalf Of |
Florida Bankers Association
|
| View |
View File
|
|
| Docket Date |
2019-01-18
|
| Type |
Order
|
| Subtype |
Amicus Curiae
|
| Description |
ORDER-AMICUS CURIAE GR ~ The motion for leave to file brief as amicus curiae filed by Florida Bankers Association is hereby granted and they are allowed to file brief only in support of respondent/cross-petitioner. The brief by the above referenced amicus curiae shall be served pursuant to Florida Rule of Appellate Procedure 9.370(c).
|
|
| Docket Date |
2019-01-17
|
| Type |
Record
|
| Subtype |
Record/Transcript
|
| Description |
RECORD ~ 1 VOLUME RECORD ON APPEAL - Filed Electronically
|
|
| Docket Date |
2019-01-10
|
| Type |
Order
|
| Subtype |
Amicus Curiae
|
| Description |
ORDER-AMICUS CURIAE GR ~ The motion for leave to file brief as amicus curiae filed by the Florida Justice Association is hereby granted and they are allowed to file brief only in support of petitioner/cross-respondent. The brief by the above referenced amicus curiae shall be served pursuant to Florida Rule of Appellate Procedure 9.370(c).
|
|
| Docket Date |
2019-01-08
|
| Type |
Motion
|
| Subtype |
Amicus Curiae
|
| Description |
MOTION-AMICUS CURIAE ~ FLORIDA DEFENSE LAWYERS ASSOCIATION'SMOTION FOR LEAVE TO APPEAR AS AMICUS CURIAEON BEHALF OF ARK ROYAL INSURANCE COMPANY
|
| On Behalf Of |
Florida Defense Lawyers Association
|
| View |
View File
|
|
| Docket Date |
2019-01-07
|
| Type |
Motion
|
| Subtype |
Amicus Curiae
|
| Description |
MOTION-AMICUS CURIAE ~ MOTION FOR LEAVE TO FILE AMICUS BRIEF OF THE COALITION AGAINST INSURANCE FRAUD, IN SUPPORT OF RESPONDENT / CROSS-PETITIONER, ARK ROYAL INSURANCE COMPANY
|
| On Behalf Of |
Coalition Against Insurance Fraud
|
| View |
View File
|
|
| Docket Date |
2019-01-07
|
| Type |
Order
|
| Subtype |
Amicus Curiae
|
| Description |
ORDER-AMICUS CURIAE GR ~ The motion for leave to file brief as amicus curiae filed by Restoration Association of Florida is hereby granted and they are allowed to file brief only in support of petitioner/cross-respondent. The brief by the above referenced amicus curiae shall be served pursuant to Florida Rule of Appellate Procedure 9.370(c).
|
|
| Docket Date |
2019-01-04
|
| Type |
Order
|
| Subtype |
Consolidation
|
| Description |
ORDER-CONSOLIDATION GR ~ Ark Royal Insurance Company's motion to consolidate filed in the above cases is hereby granted and said cases are hereby consolidated for all appellate purposes. From this date forward, all documents pertaining to the above consolidated cases should be filed electronically through the Florida Courts E-Filing Portal using case number SC18-1624 only.Restoration 1 of Port St. Lucie shall serve an initial brief on the merits on or before January 16, 2019; Ark Royal Insurance Company's answer brief/cross-initial brief on the merits must be served thirty days after service of Restoration 1 of Port St. Lucie's initial brief on the merits; Restoration 1 of Port St. Lucie's reply brief/cross-answer brief on the merits must be served thirty days after service of Ark Royal Insurance Company's answer brief/cross-initial brief on the merits; and Ark Royal Insurance Company's cross-reply brief on the merits must be served thirty days after service of Restoration 1 of Port St. Lucie's reply brief/cross-answer brief on the merits.
|
|
| Docket Date |
2019-01-04
|
| Type |
Motion
|
| Subtype |
Amicus Curiae
|
| Description |
MOTION-AMICUS CURIAE ~ RESTORATION ASSOCIATION OF FLORIDA'S MOTION FOR LEAVE TO APPEAR AS AMICUS CURIAE ON BEHALF OF RESTORATION 1 OF PORT SAINT LUCIE LLC
|
| On Behalf Of |
Restoration Association of Florida
|
| View |
View File
|
|
| Docket Date |
2018-12-28
|
| Type |
Motion
|
| Subtype |
Consolidation
|
| Description |
MOTION-CONSOLIDATION ~ Respondent's Motion for Consolidation (SC18-1623)
|
| On Behalf Of |
Ark Royal Insurance Company
|
| View |
View File
|
|
| Docket Date |
2018-12-27
|
| 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 January 16, 2019; respondent's answer brief on the merits must be served twenty days after service of petitioner's initial brief on the merits; and petitioner's reply brief on the merits must be served twenty days after service of respondent's answer brief on the merits.The Clerk of the Fourth District Court of Appeal must file the record which must be properly indexed and paginated on or before February 25, 2019. 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 |
2018-10-16
|
| Type |
Notice
|
| Subtype |
Amicus Curiae Intent to Appear
|
| Description |
NOTICE-AMICUS CURIAE INTENT TO APPEAR ~ THE FLORIDA JUSTICE ASSOCIATION'SNOTICE OF INTENT TO APPEAR AS AMICUS CURIAE ON BEHALF OF PETITIONER
|
| On Behalf Of |
Florida Justice Association
|
| View |
View File
|
|
| Docket Date |
2018-10-15
|
| Type |
Brief
|
| Subtype |
Juris Answer
|
| Description |
JURIS ANSWER BRIEF
|
| On Behalf Of |
Ark Royal Insurance Company
|
| View |
View File
|
|
| Docket Date |
2018-10-04
|
| Type |
Notice
|
| Subtype |
Amicus Curiae Intent to Appear
|
| Description |
NOTICE-AMICUS CURIAE INTENT TO APPEAR
|
| On Behalf Of |
Florida Justice Reform Institute
|
| View |
View File
|
|
| Docket Date |
2018-10-03
|
| Type |
Brief
|
| Subtype |
Juris Initial
|
| Description |
JURIS INITIAL BRIEF
|
| On Behalf Of |
Restoration 1 of Port St. Lucie
|
| View |
View File
|
|
| Docket Date |
2018-09-28
|
| Type |
Event
|
| Subtype |
Fee Paid Through Portal
|
| Description |
Fee Paid Through Portal
|
|
| Docket Date |
2018-09-28
|
| Type |
Letter-Case
|
| Subtype |
Acknowledgment Letter-New Case
|
| Description |
ACKNOWLEDGMENT LETTER-NEW CASE
|
|
| Docket Date |
2018-09-25
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2018-09-25
|
| Type |
Notice
|
| Subtype |
Invoke Discretionary Jurisdiction
|
| Description |
NOTICE-DISCRETIONARY JURIS (CERT DIRECT CONFLICT)
|
| On Behalf Of |
Restoration 1 of Port St. Lucie
|
| View |
View File
|
|
| Docket Date |
2018-09-25
|
| Type |
Letter-Case
|
| Subtype |
Letter
|
| Description |
LETTER ~ Filing Fee Letter
|
| On Behalf Of |
Restoration 1 of Port St. Lucie
|
| View |
View File
|
|
