Nilda Mussi, Appellant(s) v. Mercury Indemnity Company Of America, Appellee(s).
|
2D2024-1260
|
2024-05-30
|
Open
|
|
Classification |
NOA Final - Circuit Civil - Other
|
Court |
2nd District Court of Appeal
|
Originating Court |
Circuit Court for the Sixth Judicial Circuit, Pinellas County
22-571-CI
|
Parties
Name |
Nilda Mussi
|
Role |
Appellant
|
Status |
Active
|
Representations |
Glenn L. Hara, Ryan Michael Kelly
|
|
Name |
Pinellas Clerk
|
Role |
Lower Tribunal Clerk
|
Status |
Active
|
|
Name |
MERCURY INDEMNITY COMPANY OF AMERICA
|
Role |
Appellee
|
Status |
Active
|
Representations |
Francis Augustine Zacherl, III, Oliver Sepulveda, Julissa Rodriguez
|
|
Docket Entries
Docket Date |
2024-07-10
|
Type |
Notice
|
Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
Description |
31 DAYS - IB DUE ON 09/06/24
|
On Behalf Of |
Nilda Mussi
|
|
Docket Date |
2024-07-02
|
Type |
Notice
|
Subtype |
Notice of Appearance
|
Description |
Notice of Appearance
|
On Behalf Of |
Nilda Mussi
|
|
Docket Date |
2024-07-01
|
Type |
Notice
|
Subtype |
Notice of Appearance
|
Description |
Notice of Appearance
|
On Behalf Of |
Mercury Indemnity Company Of America
|
|
Docket Date |
2024-10-02
|
Type |
Notice
|
Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
Description |
30 DAYS - AB DUE ON 11/06/24
|
On Behalf Of |
Mercury Indemnity Company Of America
|
|
Docket Date |
2024-09-06
|
Type |
Brief
|
Subtype |
Initial Brief
|
Description |
Initial Brief
|
On Behalf Of |
Nilda Mussi
|
View |
View File
|
|
Docket Date |
2024-08-14
|
Type |
Record
|
Subtype |
Record on Appeal Redacted
|
Description |
ANDREWS - 194 PAGES
|
On Behalf Of |
Pinellas Clerk
|
|
Docket Date |
2024-08-07
|
Type |
Misc. Events
|
Subtype |
Status Report
|
Description |
Status Report
|
On Behalf Of |
Pinellas Clerk
|
|
Docket Date |
2024-11-21
|
Type |
Record
|
Subtype |
Supplemental Record Redacted
|
Description |
32 PAGES
|
|
Docket Date |
2024-11-08
|
Type |
Order
|
Subtype |
Order on Motion to Supplement Record
|
Description |
Appellee's motion to supplement the record is granted to the extent that the Appellee shall make arrangements within three days with the clerk of 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.
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.
|
View |
View File
|
|
Docket Date |
2024-11-08
|
Type |
Notice
|
Subtype |
Notice of Agreed Extension of Time - Reply Brief
|
Description |
30 - RB DUE 01/06/2025
|
On Behalf Of |
Nilda Mussi
|
|
Docket Date |
2024-11-06
|
Type |
Record
|
Subtype |
Appendix to Motion
|
Description |
Appendix to Motion
|
On Behalf Of |
Mercury Indemnity Company Of America
|
|
Docket Date |
2024-11-06
|
Type |
Motions Relating to Records
|
Subtype |
Motion to Supplement Record
|
Description |
Motion to Supplement Record
|
On Behalf Of |
Mercury Indemnity Company Of America
|
|
Docket Date |
2024-11-06
|
Type |
Brief
|
Subtype |
Answer Brief
|
Description |
Answer Brief
|
On Behalf Of |
Mercury Indemnity Company Of America
|
View |
View File
|
|
Docket Date |
2024-06-27
|
Type |
Miscellaneous Document
|
Subtype |
Pay Pro Hac Vice Fee-100
|
Description |
Pay Pro Hac Vice Fee-100
|
On Behalf Of |
Nilda Mussi
|
View |
View File
|
|
Docket Date |
2024-06-27
|
Type |
Motions Relating to Parties and Counsel
|
Subtype |
Motion to Appear Pro Hac Vice
|
Description |
Motion to Appear Pro Hac Vice - GLENN L. HARA
|
On Behalf Of |
Nilda Mussi
|
|
Docket Date |
2024-06-11
|
Type |
Order
|
Subtype |
Order re Counsel
|
Description |
Within 20 days from the date of this order, Attorney Glenn L. Hara shall move to appear in this court pro hac vice pursuant to Florida Rule of General Practice and Judicial Administration 2.510, or the attorney will be removed from this proceeding.
|
View |
View File
|
|
Docket Date |
2024-06-05
|
Type |
Event
|
Subtype |
Fee Satisfied
|
Description |
Fee Satisfied
|
|
Docket Date |
2024-05-30
|
Type |
Letter
|
Subtype |
Acknowledgment Letter
|
Description |
Acknowledgment Letter
|
View |
View File
|
|
Docket Date |
2024-05-30
|
Type |
Notice
|
Subtype |
Notice of Appeal
|
Description |
W/ORDER APPEALED
|
On Behalf Of |
Nilda Mussi
|
|
Docket Date |
2025-01-07
|
Type |
Brief
|
Subtype |
Reply Brief
|
Description |
Reply Brief
|
On Behalf Of |
Nilda Mussi
|
View |
View File
|
|
Docket Date |
2024-12-26
|
Type |
Brief
|
Subtype |
Amended Initial Brief
|
Description |
Amended Initial Brief
|
On Behalf Of |
Nilda Mussi
|
View |
View File
|
|
Docket Date |
2024-12-26
|
Type |
Motions Relating to Briefs
|
Subtype |
Motion to Amend Brief
|
Description |
Motion to Amend Brief
|
On Behalf Of |
Nilda Mussi
|
|
Docket Date |
2024-06-28
|
Type |
Order
|
Subtype |
Order on Motion to Appear Pro Hac Vice
|
Description |
Attorney Glenn L Hara's motion to appear as a foreign attorney in this proceeding is granted. All parties must serve sponsoring Florida attorney Ryan M. Kelly with all submissions when serving foreign attorney Glenn L Hara with documents.
|
View |
View File
|
|
Docket Date |
2024-05-30
|
Type |
Order
|
Subtype |
Order on Filing Fee
|
Description |
This appeal has been filed without a filing fee required by section 35.22(2)(a), Florida Statutes.
The attorney for Appellant shall forward the required $300.00 filing fee or, if applicable, a certificate or order of the lower tribunal 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.
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View |
View File
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James M Plouffe and William D. Hall, Appellant(s) v. Genevive Perkins and Mercury Indemnity Company of America, Appellee(s).
|
1D2023-2455
|
2023-09-27
|
Closed
|
|
Classification |
NOA Final - Circuit Civil - Other
|
Court |
1st District Court of Appeal
|
Originating Court |
Circuit Court for the Second Judicial Circuit, Wakulla County
16CA77
|
Parties
Name |
James M Plouffe
|
Role |
Appellant
|
Status |
Active
|
Representations |
William Dean Hall, Jr.
|
|
Name |
William Dean Hall, Jr.
|
Role |
Appellant
|
Status |
Active
|
|
Name |
Genevive Perkins
|
Role |
Appellee
|
Status |
Active
|
Representations |
Ryan Joshua Andrews
|
|
Name |
MERCURY INDEMNITY COMPANY OF AMERICA
|
Role |
Appellee
|
Status |
Active
|
|
Name |
Hon. J. Layne Smith
|
Role |
Judge/Judicial Officer
|
Status |
Active
|
|
Name |
Wakulla Clerk
|
Role |
Lower Tribunal Clerk
|
Status |
Active
|
|
Docket Entries
Docket Date |
2024-11-20
|
Type |
Disposition by PCA
|
Subtype |
Affirmed
|
Description |
Affirmed
|
View |
View File
|
|
Docket Date |
2024-03-13
|
Type |
Order
|
Subtype |
Order on Motion To Strike
|
Description |
Order on Motion To Strike
|
View |
View File
|
|
Docket Date |
2024-03-07
|
Type |
Response
|
Subtype |
Response
|
Description |
Response to motion to strike
|
On Behalf Of |
James M Plouffe
|
|
Docket Date |
2024-03-05
|
Type |
Motions Other
|
Subtype |
Motion To Strike
|
Description |
Motion To Strike
|
On Behalf Of |
Genevive Perkins
|
|
Docket Date |
2024-02-21
|
Type |
Brief
|
Subtype |
Reply Brief
|
Description |
Reply Brief
|
On Behalf Of |
James M Plouffe
|
View |
View File
|
|
Docket Date |
2024-02-12
|
Type |
Brief
|
Subtype |
Answer Brief
|
Description |
Answer Brief
|
On Behalf Of |
Genevive Perkins
|
View |
View File
|
|
Docket Date |
2024-01-22
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
Description |
Order on Motion for Extension of Time to Serve Answer Brief
|
View |
View File
|
|
Docket Date |
2024-01-19
|
Type |
Motions Extensions
|
Subtype |
Motion for Extension of Time to Serve Answer Brief
|
Description |
Motion for Extension of Time to Serve Answer Brief
|
On Behalf Of |
Genevive Perkins
|
|
Docket Date |
2023-11-17
|
Type |
Response
|
Subtype |
Response
|
Description |
Response to motion for extension of time
|
On Behalf Of |
Mercury Indemnity Company of America
|
|
Docket Date |
2023-11-17
|
Type |
Notice
|
Subtype |
Notice of Appearance
|
Description |
Notice of Appearance
|
On Behalf Of |
Mercury Indemnity Company of America
|
|
Docket Date |
2023-11-15
|
Type |
Motions Extensions
|
Subtype |
Motion for Extension of Time to Serve Initial Brief
|
Description |
Motion for Extension of Time to Serve Initial Brief
|
On Behalf Of |
James M Plouffe
|
|
Docket Date |
2023-11-03
|
Type |
Misc. Events
|
Subtype |
Docketing Statement
|
Description |
Docketing Statement
|
On Behalf Of |
James M Plouffe
|
|
Docket Date |
2023-11-02
|
Type |
Order
|
Subtype |
Amended/Additional Filing(s) Needed
|
Description |
Amended/Additional Filing(s) Needed-DS due
|
View |
View File
|
|
Docket Date |
2023-10-13
|
Type |
Event
|
Subtype |
Fee Satisfied
|
Description |
Fee Satisfied
|
|
Docket Date |
2023-10-05
|
Type |
Order
|
Subtype |
Order on Filing Fee
|
Description |
Order on Filing Fee
|
View |
View File
|
|
Docket Date |
2023-09-29
|
Type |
Record
|
Subtype |
Record on Appeal Redacted
|
Description |
Record on Appeal Redacted - 31 pages
|
|
Docket Date |
2023-09-27
|
Type |
Letter
|
Subtype |
Acknowledgment Letter
|
Description |
Acknowledgment Letter
|
View |
View File
|
|
Docket Date |
2023-09-27
|
Type |
Notice
|
Subtype |
Notice of Appeal
|
Description |
Notice of Appeal-order appealed attached
|
On Behalf Of |
James M Plouffe
|
|
Docket Date |
2024-12-09
|
Type |
Misc. Events
|
Subtype |
West Publishing
|
Description |
West Publishing
|
|
Docket Date |
2024-12-09
|
Type |
Mandate
|
Subtype |
Mandate
|
Description |
Mandate
|
View |
View File
|
|
Docket Date |
2023-12-20
|
Type |
Brief
|
Subtype |
Initial Brief
|
Description |
Initial Brief
|
On Behalf Of |
James M Plouffe
|
View |
View File
|
|
Docket Date |
2023-11-29
|
Type |
Order
|
Subtype |
Order on Motion to Consolidate
|
Description |
Order on Motion to Consolidate
|
View |
View File
|
|
|
Mercury Indemnity Company of America, Petitioner(s) v. Pan Am Diagnostic of Orlando a/a/o Joceline Pierrilus, Respondent(s)
|
SC2023-1305
|
2023-09-15
|
Closed
|
|
Classification |
Discretionary Review - Notice to Invoke - Direct Conflict of Decisions
|
Court |
Supreme Court of Florida
|
Originating Court |
3rd District Court of Appeal
3D22-161;
|
Parties
Name |
MERCURY INDEMNITY COMPANY OF AMERICA
|
Role |
Petitioner
|
Status |
Active
|
Representations |
A Hinda Klein
|
|
Name |
Joceline Pierrilus
|
Role |
Respondent
|
Status |
Active
|
|
Name |
Hon. Linda Melendez
|
Role |
Judge/Judicial Officer
|
Status |
Active
|
|
Name |
3DCA Clerk
|
Role |
Lower Tribunal Clerk
|
Status |
Active
|
|
Name |
Miami-Dade Clerk
|
Role |
Lower Tribunal Clerk
|
Status |
Active
|
|
Name |
Pan Am Diagnostic of Orlando
|
Role |
Respondent
|
Status |
Active
|
Representations |
Douglas Howard Stein
|
|
Docket Entries
Docket Date |
2023-10-23
|
Type |
Brief
|
Subtype |
Juris Answer
|
Description |
Answer Brief on Jurisdiction of Respondent
|
On Behalf Of |
Pan Am Diagnostic of Orlando
|
View |
View File
|
|
Docket Date |
2024-01-23
|
Type |
Disposition
|
Subtype |
Rev DY Lack Juris & Atty Fees Gr ($2500)
|
Description |
This cause having heretofore been submitted to the Court on jurisdictional briefs and portions of the record deemed necessary to reflect jurisdiction under Article V, Section 3(b), Florida Constitution, and the Court having determined that it should decline to accept jurisdiction, it is ordered that the petition for review is denied.
No motion for rehearing will be entertained by the Court. See Fla. R. App. P. 9.330(d)(2).
The motion for attorney's fees is granted and it is ordered that respondents shall recover from petitioner the amount of $2,500.00 for the services of respondent's attorney in this Court.
|
View |
View File
|
|
Docket Date |
2023-10-31
|
Type |
Notice
|
Subtype |
Supplemental Authority
|
Description |
Mercury Indemnity Company of America v. Central Florida Medical & Chiropractic Center, Inc. d/b/a Sterling Medical Group a/a/o Sthefany Santiago, Case No.: 5D22-603, 2023 WL 709664 (Fla 5th DCA Oct. 27, 2023),
|
On Behalf Of |
Pan Am Diagnostic of Orlando
|
View |
View File
|
|
Docket Date |
2023-10-27
|
Type |
Notice
|
Subtype |
Supplemental Authority
|
Description |
Mercury Indemnity Company of America v. Central Florida Medical & Chiropractic Center, Inc. d/b/a Sterling Medical Group a/a/o Sthefany Santiago, Fifth District Court of Appeal Case No. 5D22-603
|
On Behalf Of |
Mercury Indemnity Company of America
|
View |
View File
|
|
Docket Date |
2023-10-25
|
Type |
Event
|
Subtype |
Fee Paid Through Portal
|
Description |
Fee Paid Through Portal
|
|
Docket Date |
2023-10-25
|
Type |
Miscellaneous Document
|
Subtype |
Pay Case Filing Fee-300
|
Description |
Pay Case Filing Fee-300
|
On Behalf Of |
Mercury Indemnity Company of America
|
View |
View File
|
|
Docket Date |
2023-10-12
|
Type |
Brief
|
Subtype |
Appendix-Juris
|
Description |
Appendix to the Petitioner's Initial Brief on Jurisdiction
|
On Behalf Of |
Mercury Indemnity Company of America
|
View |
View File
|
|
Docket Date |
2023-10-09
|
Type |
Brief
|
Subtype |
Juris Initial
|
Description |
Juris Initial
|
On Behalf Of |
Mercury Indemnity Company of America
|
View |
View File
|
|
Docket Date |
2023-09-21
|
Type |
Motion
|
Subtype |
Attorney's Fees
|
Description |
Respondent's Motion for Attorney's Fees
|
On Behalf Of |
Pan Am Diagnostic of Orlando
|
View |
View File
|
|
Docket Date |
2023-09-20
|
Type |
Order
|
Subtype |
Extension of Time (Juris Brief)
|
Description |
Petitioner's motion for extension of time is granted, and petitioner is allowed to and including October 9, 2023, 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.
|
View |
View File
|
|
Docket Date |
2023-09-19
|
Type |
Motion
|
Subtype |
Ext of Time (Juris Brief-Initial)
|
Description |
Petitioner's Unopposed Motion for Extension of Time to Serve Jurisdictional Brief
|
On Behalf Of |
Mercury Indemnity Company of America
|
View |
View File
|
|
Docket Date |
2023-09-18
|
Type |
Letter-Case
|
Subtype |
Acknowledgment Letter-New Case-Pay Fee
|
Description |
Acknowledgment Letter-New Case-Pay Fee
|
View |
View File
|
|
Docket Date |
2023-09-15
|
Type |
Notice
|
Subtype |
Invoke Discretionary Jurisdiction
|
Description |
Notice to Invoke Discretionary Jurisdiction
|
On Behalf Of |
Mercury Indemnity Company of America
|
View |
View File
|
|
Docket Date |
2023-10-25
|
Type |
Order
|
Subtype |
Filing Fee Due
|
Description |
The jurisdiction of this Court was invoked by the filing of a Notice to Invoke Discretionary Jurisdiction or Notice of Appeal 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 November 27, 2023, 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. 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.
|
View |
View File
|
|
Docket Date |
2023-10-10
|
Type |
Order
|
Subtype |
Appendix Due
|
Description |
Petitioner's jurisdictional initial brief was filed with this Court on October 09, 2023, but not accompanied by an appendix pursuant to Florida Rule of Appellate Procedure 9.120(d). Petitioner is directed, on or before October 16, 2023, to file an appendix containing only a copy of the opinion or order of the district court of appeal to be reviewed.
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View |
View File
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|
|
James M. Plouffe and William D. Hall, Appellant(s) v. Genevive Perkins and Mercury Indemnity Company of America, Appellee(s).
|
1D2023-1952
|
2023-07-31
|
Closed
|
|
Classification |
NOA Final - Circuit Civil - Other
|
Court |
1st District Court of Appeal
|
Originating Court |
Circuit Court for the Second Judicial Circuit, Wakulla County
2016 CA 0077
|
Parties
Name |
James M Plouffe
|
Role |
Appellant
|
Status |
Active
|
Representations |
William Dean Hall, Jr.
|
|
Name |
William Dean Hall, Jr.
|
Role |
Appellant
|
Status |
Active
|
|
Name |
Genevive Perkins
|
Role |
Appellee
|
Status |
Active
|
Representations |
Ryan Joshua Andrews, Arthur Collin Cherry
|
|
Name |
MERCURY INDEMNITY COMPANY OF AMERICA
|
Role |
Appellee
|
Status |
Active
|
Representations |
Ryan Joshua Andrews
|
|
Name |
Hon. J. Layne Smith
|
Role |
Judge/Judicial Officer
|
Status |
Active
|
|
Name |
Wakulla Clerk
|
Role |
Lower Tribunal Clerk
|
Status |
Active
|
|
Docket Entries
Docket Date |
2024-11-20
|
Type |
Disposition by PCA
|
Subtype |
Affirmed
|
Description |
Affirmed
|
View |
View File
|
|
Docket Date |
2024-03-13
|
Type |
Order
|
Subtype |
Order on Motion To Strike
|
Description |
Order on Motion To Strike
|
View |
View File
|
|
Docket Date |
2024-03-07
|
Type |
Response
|
Subtype |
Response
|
Description |
Response to motion to strike
|
On Behalf Of |
James M Plouffe
|
|
Docket Date |
2024-03-05
|
Type |
Motions Other
|
Subtype |
Motion To Strike
|
Description |
Motion To Strike
|
On Behalf Of |
Genevive Perkins
|
|
Docket Date |
2024-02-21
|
Type |
Brief
|
Subtype |
Reply Brief
|
Description |
Reply Brief
|
On Behalf Of |
James M Plouffe
|
View |
View File
|
|
Docket Date |
2024-02-12
|
Type |
Brief
|
Subtype |
Answer Brief
|
Description |
Answer Brief
|
On Behalf Of |
Genevive Perkins
|
View |
View File
|
|
Docket Date |
2024-01-22
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
Description |
Order on Motion for Extension of Time to Serve Answer Brief
|
View |
View File
|
|
Docket Date |
2024-01-19
|
Type |
Motions Extensions
|
Subtype |
Motion for Extension of Time to Serve Answer Brief
|
Description |
Motion for Extension of Time to Serve Answer Brief
|
On Behalf Of |
Genevive Perkins
|
|
Docket Date |
2023-12-20
|
Type |
Brief
|
Subtype |
Initial Brief
|
Description |
Initial Brief
|
On Behalf Of |
James M Plouffe
|
View |
View File
|
|
Docket Date |
2023-11-29
|
Type |
Order
|
Subtype |
Order on Motion to Consolidate
|
Description |
Order on Motion to Consolidate
|
View |
View File
|
|
Docket Date |
2023-10-23
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
Description |
Order on Motion for Extension of Time to Serve Initial Brief
|
View |
View File
|
|
Docket Date |
2023-10-02
|
Type |
Motions Extensions
|
Subtype |
Motion for Extension of Time to Serve Initial Brief
|
Description |
Motion for Extension of Time to Serve Initial Brief
|
On Behalf Of |
James M Plouffe
|
|
Docket Date |
2023-09-12
|
Type |
Notice
|
Subtype |
Notice of Appearance
|
Description |
Notice of Appearance
|
On Behalf Of |
Genevive Perkins
|
|
Docket Date |
2023-09-07
|
Type |
Record
|
Subtype |
Record on Appeal Redacted
|
Description |
Record on Appeal Redacted - 290 pages
|
|
Docket Date |
2023-08-18
|
Type |
Misc. Events
|
Subtype |
Docketing Statement
|
Description |
Docketing Statement
|
On Behalf Of |
James M Plouffe
|
|
Docket Date |
2023-08-18
|
Type |
Event
|
Subtype |
Fee Satisfied
|
Description |
Fee Satisfied
|
|
Docket Date |
2023-08-07
|
Type |
Order
|
Subtype |
Order on Filing Fee
|
Description |
Order on Filing Fee
|
View |
View File
|
|
Docket Date |
2023-07-31
|
Type |
Misc. Events
|
Subtype |
Miscellaneous Trial Court Order
|
Description |
Miscellaneous Trial Court Order
order appealed
|
On Behalf Of |
Wakulla Clerk
|
|
Docket Date |
2023-07-31
|
Type |
Notice
|
Subtype |
Notice of Appeal
|
Description |
Notice of Appeal
set up as styled
|
On Behalf Of |
James M Plouffe
|
|
Docket Date |
2024-12-09
|
Type |
Misc. Events
|
Subtype |
West Publishing
|
Description |
West Publishing
|
|
Docket Date |
2024-12-09
|
Type |
Mandate
|
Subtype |
Mandate
|
Description |
Mandate
|
View |
View File
|
|
Docket Date |
2023-07-31
|
Type |
Letter
|
Subtype |
Acknowledgment Letter
|
Description |
Acknowledgment Letter
|
View |
View File
|
|
|
PRECISION DIAGNOSTIC, INC., Appellant(s) v. MERCURY INDEMNITY COMPANY OF AMERICA, Appellee(s).
|
4D2023-1107
|
2023-05-08
|
Closed
|
|
Classification |
NOA Final - County Civil - Other
|
Court |
4th District Court of Appeal
|
Originating Court |
County Court for the Seventeenth Judicial Circuit, Broward County
COINX22057024
|
Parties
Name |
PRECISION DIAGNOSTIC, INC.
|
Role |
Appellant
|
Status |
Active
|
Representations |
Chad Andrew Barr
|
|
Name |
MERCURY INDEMNITY COMPANY OF AMERICA
|
Role |
Appellee
|
Status |
Active
|
Representations |
Dawn Marie Carsten, Nancy W. Gregoire Stamper
|
|
Name |
Hon. Florence Taylor Barner
|
Role |
Judge/Judicial Officer
|
Status |
Active
|
|
Name |
Clerk - Broward
|
Role |
Lower Tribunal Clerk
|
Status |
Active
|
|
Docket Entries
Docket Date |
2023-12-11
|
Type |
Order
|
Subtype |
Order on Agreed Extension of Time
|
Description |
60 Days to 03/04/2024
|
|
Docket Date |
2023-12-11
|
Type |
Notice
|
Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
Description |
Notice of Agreed Extension of Time - Answer Brief
|
On Behalf Of |
Mercury Indemnity Company of America
|
|
Docket Date |
2023-12-06
|
Type |
Response
|
Subtype |
Response
|
Description |
Response in Opposition to Appellant's Motion for Award of Appellate Attorney's Fees and Costs
|
On Behalf Of |
Mercury Indemnity Company of America
|
|
Docket Date |
2024-10-04
|
Type |
Misc. Events
|
Subtype |
West Publishing
|
Description |
West Publishing
|
|
Docket Date |
2024-10-04
|
Type |
Mandate
|
Subtype |
Mandate
|
Description |
Mandate
|
View |
View File
|
|
Docket Date |
2024-09-12
|
Type |
Order
|
Subtype |
Order on Motion For Attorney's Fees
|
Description |
ORDERED that Appellant's December 4, 2023 motion for award of appellate attorney's fees and costs is denied.
|
View |
View File
|
|
Docket Date |
2024-09-12
|
Type |
Disposition by Opinion
|
Subtype |
Affirmed
|
Description |
Affirmed
|
View |
View File
|
|
Docket Date |
2024-07-23
|
Type |
Order
|
Subtype |
Order Dispensing with Oral Argument
|
Description |
After reviewing the briefs, the court, pursuant to Florida Rule of Appellate Procedure 9.320, has dispensed with oral argument. The case will be submitted to a conference by a panel of the court.
|
View |
View File
|
|
Docket Date |
2024-05-31
|
Type |
Notice
|
Subtype |
Notice
|
Description |
NOTICE OF WITHDRAWAL OF MOTION FOR APPELLATE ATTORNEY'S FEES
|
|
Docket Date |
2024-05-22
|
Type |
Brief
|
Subtype |
Reply Brief
|
Description |
Reply Brief
|
On Behalf Of |
Precision Diagnostic, Inc.
|
View |
View File
|
|
Docket Date |
2024-04-23
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time to Serve Reply Brief
|
Description |
ORDERED that appellant's April 19, 2024 unopposed motion for extension of time is granted, and appellant shall serve the reply brief within thirty (30) days from the date of this order. In addition, if the reply brief is served after the time provided for in this order, it will be subject to being stricken, or the court in its discretion may impose other sanctions. Appellant is advised that no further extensions will be granted absent a detailed explanation for why the reply brief has not yet been filed and a showing of extraordinary circumstances where, if a further extension is not granted, irreparable and material harm will result to the litigant. Attorney workload does not constitute extraordinary circumstances which justifies a further extension of time.
|
View |
View File
|
|
Docket Date |
2024-04-19
|
Type |
Motions Extensions
|
Subtype |
Motion for Extension of Time to Serve Reply Brief
|
Description |
Motion for Extension of Time to Serve Reply Brief
|
|
Docket Date |
2024-04-04
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time to Serve Reply Brief
|
Description |
ORDERED that Appellant's April 3, 2024 motion for extension of time is granted in part, and Appellant shall serve the reply brief within fifteen (15) days from the date of this order. In addition, if the reply brief is served after the time provided for in this order, it may be stricken.
|
View |
View File
|
|
Docket Date |
2024-04-03
|
Type |
Motions Extensions
|
Subtype |
Motion for Extension of Time to Serve Reply Brief
|
Description |
Motion for Extension of Time to Serve Reply Brief
|
|
Docket Date |
2024-03-04
|
Type |
Brief
|
Subtype |
Answer Brief
|
Description |
Answer Brief
|
On Behalf Of |
Mercury Indemnity Company of America
|
View |
View File
|
|
Docket Date |
2024-03-04
|
Type |
Motions Relating to Attorney Fees/Costs
|
Subtype |
Motion For Attorney's Fees
|
Description |
Motion For Attorney's Fees
|
|
Docket Date |
2023-12-04
|
Type |
Motions Relating to Attorney Fees/Costs
|
Subtype |
Motion For Attorney's Fees
|
Description |
Motion For Attorney's Fees and Costs
|
|
Docket Date |
2023-11-20
|
Type |
Motions Extensions
|
Subtype |
Motion for Extension of Time to Serve Initial Brief
|
Description |
Motion for Extension of Time to Serve Initial Brief
|
On Behalf Of |
Precision Diagnostic, Inc.
|
|
Docket Date |
2023-11-13
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
Description |
ORDERED that Appellant's November 8, 2023 motion for extension of time is granted in part, and Appellant shall serve the initial brief within ten (10) days from the current due date. In addition, if the initial brief is not served within the time provided for in this order, the above-styled case will be subject to dismissal or the court in its discretion may impose other sanctions. Appellant is advised that no further extensions will be granted absent a detailed explanation for why the initial brief has not yet been filed and a showing of extraordinary circumstances where, if a further extension is not granted, irreparable and material harm will result to the litigant. Attorney workload does not constitute extraordinary circumstances which justifies a further extension of time.
|
View |
View File
|
|
Docket Date |
2023-11-08
|
Type |
Motions Extensions
|
Subtype |
Motion for Extension of Time to Serve Initial Brief
|
Description |
Motion for Extension of Time to Serve Initial Brief
|
|
Docket Date |
2023-10-16
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
Description |
ORDERED that Appellant's October 9, 2023 motion for extension of time is granted in part, and Appellant shall serve the initial brief within thirty (30) days from the current due date. In addition, if the initial brief is not served within the time provided for in this order, the above-styled case may be subject to dismissal or the court in its discretion may impose other sanctions.
|
View |
View File
|
|
Docket Date |
2023-10-09
|
Type |
Motions Extensions
|
Subtype |
Motion for Extension of Time to Serve Initial Brief
|
Description |
Motion for Extension of Time to Serve Initial Brief
|
|
Docket Date |
2023-08-09
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
Description |
Order Granting EOT for Initial Brief ~ ORDERED that appellant’s August 8, 2023 motion for extension of time is granted, and appellant shall serve the initial brief within sixty (60) days from the date of this order. In addition, if the initial brief is not served within the time provided for in this order, the above-styled case may be subject to dismissal or the court in its discretion may impose other sanctions.
|
|
Docket Date |
2023-08-08
|
Type |
Motions Extensions
|
Subtype |
Motion for Extension of Time to Serve Initial Brief
|
Description |
Mot. for Extension of time to file Initial Brief
|
On Behalf Of |
Precision Diagnostic, Inc.
|
|
Docket Date |
2023-07-27
|
Type |
Record
|
Subtype |
Record on Appeal
|
Description |
Received Records ~ 921 PAGES
|
On Behalf Of |
Clerk - Broward
|
|
Docket Date |
2023-07-06
|
Type |
Notice
|
Subtype |
Notice of Appearance
|
Description |
Notice of Appearance
|
On Behalf Of |
Mercury Indemnity Company of America
|
|
Docket Date |
2023-05-31
|
Type |
Notice
|
Subtype |
Notice of Filing
|
Description |
Notice of Filing ~ ORDER DENYING PLAINTIFF'S MOTION FOR REHEARING
|
On Behalf Of |
Precision Diagnostic, Inc.
|
|
Docket Date |
2023-05-10
|
Type |
Order
|
Subtype |
Abeyance Order
|
Description |
Order Holding Case in Abeyance Per R. 9.020(h)(2)(C) ~ This court notes that a motion tolling rendition is pending in the trial court. ORDERED that the above-styled case is held in abeyance until the trial court disposes of the motion and appellant files a copy of the order in this court. On that date, this case shall proceed, and the briefing schedule shall run from that date. See Fla. R. App. P. 9.020(h)(2)(C). If the trial court has not entered an order disposing of the motion within thirty (30) days from the date of this order, appellant shall file a status report with this court as to the progress being made towards disposition of the motion.
|
|
Docket Date |
2023-05-09
|
Type |
Misc. Events
|
Subtype |
Case Filing Fee Paid through Portal
|
Description |
Case Filing Fee Paid Through Portal
|
On Behalf Of |
Precision Diagnostic, Inc.
|
|
Docket Date |
2023-05-08
|
Type |
Misc. Events
|
Subtype |
Fee Status
|
Description |
FP:Fee Paid Through Portal
|
|
Docket Date |
2023-05-08
|
Type |
Notice
|
Subtype |
Notice of Appeal
|
Description |
Notice of Appeal Filed
|
On Behalf Of |
Precision Diagnostic, Inc.
|
|
Docket Date |
2023-05-08
|
Type |
Letter
|
Subtype |
Acknowledgment Letter
|
Description |
Acknowledgment Letter
|
|
Docket Date |
2023-12-04
|
Type |
Brief
|
Subtype |
Initial Brief
|
Description |
Initial Brief
|
View |
View File
|
|
Docket Date |
2023-12-04
|
Type |
Motion
|
Subtype |
Request-Oral Argument
|
Description |
Request for Oral Argument
|
View |
View File
|
|
Docket Date |
2023-11-22
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
Description |
ORDERED that Appellant's November 20, 2023 motion for extension of time is granted, and Appellant shall serve the initial brief within ten (10) days from the date of this order. In addition, if the initial brief is not served within the time provided for in this order, the above-styled case will be subject to dismissal or the court in its discretion may impose other sanctions. Appellant is advised that no further extensions will be granted absent a detailed explanation for why the initial brief has not yet been filed and a showing of extraordinary circumstances where, if a further extension is not granted, irreparable and material harm will result to the litigant. Attorney workload does not constitute extraordinary circumstances which justifies a further extension of time.
|
View |
View File
|
|
Docket Date |
2023-05-08
|
Type |
Order
|
Subtype |
Order on Filing Fee
|
Description |
ORD-Pay Filing Fee-Civil Appeal ~ The jurisdiction of this court was invoked by filing of a Notice of Appeal in the lower tribunal. The $300.00 filing fee required by the applicable rule of procedure and Section 35.22(2)(a), Florida Statutes (2021), is due and payable REGARDLESS OF WHETHER THE APPEAL IS LATER DISMISSED VOLUNTARILY OR ADVERSELY.ORDERED that appellant shall pay the $300.00 filing fee or file the lower tribunal clerk's determination of indigent status in this court within ten (10) days from the date of this order. The fee may be paid electronically through the Florida Courts E-Filing Portal – see the court’s website for details. Failure to comply within the time prescribed will result in dismissal of this cause and may result in the court sanctioning of any party, or the party's attorney, who has not paid the filing fee. The attorney filing the Notice of Appeal has a duty to tender the filing fee to the appellate court when the appeal is initiated. See In Re Payment of Filing Fees, 744 So. 2d 1025 (Fla. 4th DCA 1997). Failure of the attorney to pay will result in referral to the Department of Financial Services for collection.**NOTE: This order does not toll the time for filing any pleadings necessary to prosecute this appeal and no extensions of time will be entertained. Once the fee is paid, it is not refundable. Except for dismissal, this court will take no action in this appeal until the filing fee is paid or until a lower tribunal clerk's determination of indigent status is filed.
|
|
|
MERCURY INDEMNITY COMPANY OF AMERICA VS CATHERINE THOMAS, INDIVIDUALLY, AND ON BEHALF OF ALL OTHERS SIMILARLY SITUATED
|
5D2022-2519
|
2022-10-21
|
Closed
|
|
Classification |
NOA Non Final - Circuit Civil - Other
|
Court |
5th District Court of Appeal
|
Originating Court |
Circuit Court for the Ninth Judicial Circuit, Orange County
2021-CA-010641-O
|
Parties
Name |
MERCURY INDEMNITY COMPANY OF AMERICA
|
Role |
Appellant
|
Status |
Active
|
Representations |
Francis A. Zacherl, III, Oliver Sepulveda, Alyssa L Cory
|
|
Name |
Catherine Thomas
|
Role |
Appellee
|
Status |
Active
|
Representations |
Jacob Lawrence Phillips, Amy Lynn Judkins, Edmund A. Normand
|
|
Name |
Hon. Denise Beamer
|
Role |
Judge/Judicial Officer
|
Status |
Active
|
|
Name |
Orange Cty Circuit Ct Clerk
|
Role |
Lower Tribunal Clerk
|
Status |
Active
|
|
Docket Entries
Docket Date |
2022-11-11
|
Type |
Motions Other
|
Subtype |
Motion To Consolidate
|
Description |
Motion To Consolidate ~ JOINT MOTION TO CONSOLIDATE OR, IN THE ALTERNATIVE, MOTION FOR APPEALS TO TRAVEL TOGETHER
|
On Behalf Of |
Mercury Indemnity Company of America
|
|
Docket Date |
2022-10-28
|
Type |
Notice
|
Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
Description |
Notice of Agreed Extension - Initial Brief ~ TO 11/30
|
On Behalf Of |
Mercury Indemnity Company of America
|
|
Docket Date |
2022-10-24
|
Type |
Misc. Events
|
Subtype |
Case Filing Fee Paid through Portal
|
Description |
CASE FILING FEE PAID THROUGH PORTAL
|
|
Docket Date |
2022-10-21
|
Type |
Order
|
Subtype |
Order on Filing Fee
|
Description |
Order to pay filing fee - Civil appeal (300)
|
|
Docket Date |
2022-10-21
|
Type |
Misc. Events
|
Subtype |
Fee Status
|
Description |
FP:Fee Paid Through Portal
|
|
Docket Date |
2022-10-21
|
Type |
Letter
|
Subtype |
Acknowledgment Letter
|
Description |
Acknowledgement Letter 1
|
|
Docket Date |
2022-10-21
|
Type |
Notice
|
Subtype |
Notice of Appeal
|
Description |
Notice of Appeal Filed ~ FILED BELOW 10/14/22
|
On Behalf Of |
Mercury Indemnity Company of America
|
|
Docket Date |
2024-07-02
|
Type |
Mandate
|
Subtype |
Disp. w/o Mandate
|
Description |
Disp. w/o Mandate
|
|
Docket Date |
2023-01-01
|
Type |
Disposition by Opinion
|
Subtype |
Transferred
|
Description |
Transferred - Order by Clerk ~ TRANSFER TO 6th DCA
|
|
Docket Date |
2022-12-30
|
Type |
Disposition by Order
|
Subtype |
Transferred
|
Description |
Ord-Transfer to Sixth DCA
|
|
Docket Date |
2022-12-14
|
Type |
Brief
|
Subtype |
Appendix
|
Description |
Appendix for Initial Brief
|
On Behalf Of |
Mercury Indemnity Company of America
|
|
Docket Date |
2022-11-28
|
Type |
Notice
|
Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
Description |
Notice of Agreed Extension - Initial Brief ~ TO 12/15
|
On Behalf Of |
Mercury Indemnity Company of America
|
|
Docket Date |
2022-11-15
|
Type |
Order
|
Subtype |
Order
|
Description |
Order Granting Consolidation -Non Final ~ WITH 5D22-2652; ALL FURTHER PLEADINGS SHALL BE FILED IN CASE 5D22-2519
|
|
Docket Date |
2022-11-11
|
Type |
Record
|
Subtype |
Appendix
|
Description |
Appendix ~ TO JOINT MOTION TO CONSOLIDATE
|
On Behalf Of |
Mercury Indemnity Company of America
|
|
|
MERCURY INDEMNITY COMPANY OF AMERICA VS CATHERINE THOMAS, INDIVIDUALLY, AND ON BEHALF OF ALL OTHERS SIMILARLY SITUATED
|
6D2023-1537
|
2022-10-21
|
Closed
|
|
Classification |
NOA Non Final - Circuit Civil - Other
|
Court |
6th District Court of Appeal
|
Originating Court |
Circuit Court for the Ninth Judicial Circuit, Orange County
2021-CA-010641-O
|
Parties
Name |
MERCURY INDEMNITY COMPANY OF AMERICA
|
Role |
Appellant
|
Status |
Active
|
Representations |
OLIVER SEPULVEDA, ESQ., FRANCIS A. ZACHERL, III., ESQ., ALYSSA L CORY, ESQ.
|
|
Name |
Catherine Thomas
|
Role |
Appellee
|
Status |
Active
|
Representations |
AMY LYNN JUDKINS, ESQ., JACOB PHILLIPS, ESQ., EDMUND A. NORMAND, ESQ.
|
|
Name |
Hon. Denise Beamer
|
Role |
Judge/Judicial Officer
|
Status |
Active
|
|
Name |
TIFFANY RUSSELL, CLERK
|
Role |
Lower Tribunal Clerk
|
Status |
Active
|
|
Docket Entries
Docket Date |
2024-01-19
|
Type |
Misc. Events
|
Subtype |
West Publishing
|
Description |
West Publishing
|
|
Docket Date |
2024-01-19
|
Type |
Mandate
|
Subtype |
Mandate
|
Description |
Mandate
|
|
Docket Date |
2023-12-15
|
Type |
Disposition by Opinion
|
Subtype |
Affirmed in Part/Reversed in Part
|
Description |
Affirmed in Part/Reversed in Part - Per Curiam Opinion ~ and Remanded in part.
|
|
Docket Date |
2023-03-20
|
Type |
Brief
|
Subtype |
Reply Brief
|
Description |
Appellant Reply Brief
|
On Behalf Of |
Mercury Indemnity Company of America
|
|
Docket Date |
2023-03-06
|
Type |
Notice
|
Subtype |
Notice of Agreed Extension of Time
|
Description |
Stipulation for Extension of Time ~ NOTICE OF AGREEMENT FOR EXTENSION OF TIME TO SERVE REPLY BRIEF//15 - RB DUE 3/22/23
|
On Behalf Of |
Mercury Indemnity Company of America
|
|
Docket Date |
2023-03-03
|
Type |
Order
|
Subtype |
Order on Motion To Strike
|
Description |
Grant Motion to Strike ~ Appellee’s motion to strike initial answer brief and to accept amended answer brief in compliance with the court’s order is granted, and the amended answer brief is accepted as filed.
|
|
Docket Date |
2023-02-16
|
Type |
Brief
|
Subtype |
Amended Answer Brief
|
Description |
Amended Appellee Answer Brief
|
On Behalf Of |
Catherine Thomas
|
|
Docket Date |
2023-02-16
|
Type |
Motions Other
|
Subtype |
Motion To Strike
|
Description |
Motion To Strike ~ APPELLEE'S MOTION TO STRIKE INITIAL ANSWER BRIEF
|
On Behalf Of |
Catherine Thomas
|
|
Docket Date |
2023-02-06
|
Type |
Order
|
Subtype |
Amended/Additional Filing(s) Needed
|
Description |
Amended Brief Required ~ Florida Rule of Appellate Procedure 9.045 requires the use of Arial 14-point font or Bookman Old Style 14-point font, and it requires a certificate of compliance to indicate that the document complies with the font and applicable word count limits specified in the appellate rules. Appellee’s answer brief •does not contain a certificate of compliance with the word count requirements in the appellate rules. Appellee shall file an amended brief within ten days from the date of this order and shall file with the brief a motion to strike the brief previously filed.
|
|
Docket Date |
2023-02-03
|
Type |
Order
|
Subtype |
Order on Motion to Accept Brief as Timely
|
Description |
GR T/ACCEPT BRF FILED AS TIMELY ~ The motion to accept answer brief is granted, and the answer brief attached to the motion is accepted as filed. A reply brief may be served within thirty days from the date of this order.
|
|
Docket Date |
2023-01-18
|
Type |
Motions Relating to Briefs
|
Subtype |
Motion to Accept Brief as Timely
|
Description |
Motion To Accept Timely Brief ~ UNOPPOSED MOTIONTO FILE OUT OF TIME ANSWER BRIEF
|
On Behalf Of |
Catherine Thomas
|
|
Docket Date |
2023-01-18
|
Type |
Brief
|
Subtype |
Answer Brief
|
Description |
Appellee Answer Brief ~ **STRICKEN**
|
On Behalf Of |
Catherine Thomas
|
|
Docket Date |
2023-01-03
|
Type |
Letter
|
Subtype |
Acknowledgment Letter
|
Description |
Acknowledgment Letter 1
|
|
Docket Date |
2022-12-30
|
Type |
Disposition by Order
|
Subtype |
Transferred
|
Description |
ORD-TRANSFER TO ANOTHER COURT
|
|
Docket Date |
2022-12-14
|
Type |
Brief
|
Subtype |
Initial Brief
|
Description |
Initial Appellant Brief on Merits
|
On Behalf Of |
Mercury Indemnity Company of America
|
|
Docket Date |
2022-12-14
|
Type |
Record
|
Subtype |
Appendix to Initial Brief
|
Description |
Appendix for Initial Brief
|
On Behalf Of |
Mercury Indemnity Company of America
|
|
Docket Date |
2022-11-28
|
Type |
Notice
|
Subtype |
Notice of Agreed Extension of Time
|
Description |
Stipulation for Extension of Time ~ TO 12/15
|
On Behalf Of |
Mercury Indemnity Company of America
|
|
Docket Date |
2022-11-15
|
Type |
Order
|
Subtype |
Order on Motion to Consolidate
|
Description |
Order Granting Consolidation -Non Final ~ WITH 5D22-2652; ALL FURTHER PLEADINGS SHALL BE FILED IN CASE 5D22-2519
|
|
Docket Date |
2022-11-11
|
Type |
Record
|
Subtype |
Appendix
|
Description |
Appendix ~ TO JOINT MOTION TO CONSOLIDATE
|
On Behalf Of |
Mercury Indemnity Company of America
|
|
Docket Date |
2022-11-11
|
Type |
Motions Other
|
Subtype |
Motion To Consolidate
|
Description |
Motion To Consolidate ~ JOINT MOTION TO CONSOLIDATE OR, IN THE ALTERNATIVE, MOTION FOR APPEALS TO TRAVEL TOGETHER
|
On Behalf Of |
Mercury Indemnity Company of America
|
|
Docket Date |
2022-10-28
|
Type |
Notice
|
Subtype |
Notice of Agreed Extension of Time
|
Description |
Stipulation for Extension of Time ~ TO 11/30
|
On Behalf Of |
Mercury Indemnity Company of America
|
|
Docket Date |
2022-10-24
|
Type |
Misc. Events
|
Subtype |
Case Filing Fee Paid through Portal
|
Description |
Case Filing Fee Paid through Portal
|
|
Docket Date |
2022-10-21
|
Type |
Misc. Events
|
Subtype |
Fee Status
|
Description |
FP:Fee Paid Through Portal
|
|
Docket Date |
2022-10-21
|
Type |
Notice
|
Subtype |
Notice of Appeal
|
Description |
Notice of Appeal Filed ~ FILED BELOW 10/14/22
|
On Behalf Of |
Mercury Indemnity Company of America
|
|
Docket Date |
2022-10-21
|
Type |
Order
|
Subtype |
Order on Filing Fee
|
Description |
AFFIDAVIT OF INSOLVENCY IS INSUFFICIENT
|
|
Docket Date |
2022-10-21
|
Type |
Letter
|
Subtype |
Acknowledgment Letter
|
Description |
Acknowledgment Letter 1
|
|
|
MERCURY INDEMNITY COMPANY OF AMERICA, VS PAN AM DIAGNOSTIC OF ORLANDO, a/a/o JOCELINE PIERRILUS,
|
3D2022-0161
|
2022-01-25
|
Closed
|
|
Classification |
NOA Final - County Small Claims - PIP
|
Court |
3rd District Court of Appeal
|
Originating Court |
County Court for the Eleventh Judicial Circuit, Miami-Dade County
20-21675 SP
|
Parties
Name |
MERCURY INDEMNITY COMPANY OF AMERICA
|
Role |
Appellant
|
Status |
Active
|
Representations |
Hinda Klein, ROSEMARY B. ROBINSON
|
|
Name |
PAN AM DIAGNOSTIC OF ORLANDO
|
Role |
Appellee
|
Status |
Active
|
Representations |
MARC D. PACIN, MARK A. LEVINE, ADRIANA DE ARMAS, Douglas H. Stein, THOMAS F. RHODES, IV
|
|
Name |
MAC S. PHILLIPS
|
Role |
Amicus - Appellee
|
Status |
Active
|
|
Name |
MARTIN E. LEACH
|
Role |
Amicus - Appellee
|
Status |
Active
|
|
Name |
Hon. Linda Melendez
|
Role |
Judge/Judicial Officer
|
Status |
Active
|
|
Name |
Miami-Dade Clerk
|
Role |
Lower Tribunal Clerk
|
Status |
Active
|
|
Docket Entries
Docket Date |
2024-01-23
|
Type |
Supreme Court
|
Subtype |
Supreme Court Order
|
Description |
Supreme Court Order
|
|
Docket Date |
2023-09-20
|
Type |
Supreme Court
|
Subtype |
Acknowledged Receipt from Supreme Court
|
Description |
Acknowledged Receipt from Supreme Court
|
|
Docket Date |
2023-09-12
|
Type |
Supreme Court
|
Subtype |
Notice to Invok. Disc. Jur. FSC
|
Description |
Notice to Invok. Disc. Jur. FSC
|
On Behalf Of |
MERCURY INDEMNITY COMPANY OF AMERICA
|
|
Docket Date |
2023-09-07
|
Type |
Mandate
|
Subtype |
Mandate
|
Description |
Mandate
|
|
Docket Date |
2023-08-22
|
Type |
Order
|
Subtype |
Order on Motion for Rehearing and Rehearing En Banc
|
Description |
Rehearing & Rehearing en banc denied (OD57A) ~ Appellee’s Response to Appellant’s Motion for Rehearing, Rehearing En Banc and/or Motion for Certification, filed on July 20, 2023, is noted.Upon consideration, Appellant’s Motion for Rehearing and/or Motion for Certification is hereby denied. Appellant’s Motion for Rehearing En Banc is also denied.
|
|
Docket Date |
2023-08-22
|
Type |
Misc. Events
|
Subtype |
West Publishing
|
Description |
West Publishing
|
|
Docket Date |
2022-08-02
|
Type |
Response
|
Subtype |
Response
|
Description |
RESPONSE ~ APPELLEE'S RESPONSE TO APPELLANT'S MOTION FOR APPELLATE ATTORNEY'S FEES
|
On Behalf Of |
PAN AM DIAGNOSTIC OF ORLANDO
|
|
Docket Date |
2023-07-07
|
Type |
Motions Extensions
|
Subtype |
Motion for Extension of Time to File Response
|
Description |
Motion for Extension of Time to File Response ~ To motion for rehearing, rehearing en banc
|
On Behalf Of |
PAN AM DIAGNOSTIC OF ORLANDO
|
|
Docket Date |
2023-07-06
|
Type |
Post-Disposition Motions
|
Subtype |
Motion for Rehearing
|
Description |
Motion for Rehearing / Rehearing En Banc ~ APPELLANT'S MOTION FOR REHEARING, REHEARING EN BANCAND/OR MOTION FOR CERTIFICATION
|
On Behalf Of |
MERCURY INDEMNITY COMPANY OF AMERICA
|
|
Docket Date |
2023-06-30
|
Type |
Motions Extensions
|
Subtype |
Motion for Extension of Time
|
Description |
Motion for Extension of Time ~ To file Motion for Rehearing and Clarification
|
On Behalf Of |
MERCURY INDEMNITY COMPANY OF AMERICA
|
|
Docket Date |
2023-06-23
|
Type |
Order
|
Subtype |
Order on Motion for Rehearing
|
Description |
Extension granted to file rehearing (OG06) ~ Appellant’s Unopposed Motion for Extension of Time to File a Motion for Rehearing and Clarification is granted to and including ten (10) days from the date of this Order.
|
|
Docket Date |
2023-06-22
|
Type |
Motions Extensions
|
Subtype |
Motion for Extension of Time
|
Description |
Motion for Extension of Time ~ To file Motion for extension of time to file Motion for Rehearing and Clarification
|
On Behalf Of |
MERCURY INDEMNITY COMPANY OF AMERICA
|
|
Docket Date |
2023-06-07
|
Type |
Disposition by Opinion
|
Subtype |
Affirmed
|
Description |
Affirmed - Authored Opinion
|
|
Docket Date |
2023-06-07
|
Type |
Order
|
Subtype |
Order on Motion For Attorney's Fees
|
Description |
Attorney Fees Granted (OG47) ~ Upon consideration of Appellee’s Motion for Attorney’s Fees, it is ordered that said Motion is granted, and the matter is remanded to the trial court to fix the amount. Appellant’s Motion for Appellate Attorneys’ Fees is hereby denied.
|
|
Docket Date |
2023-04-19
|
Type |
Misc. Events
|
Subtype |
Oral Argument Date Set
|
Description |
Oral Argument Date Set ~ 3DCA
|
|
Docket Date |
2023-03-02
|
Type |
Notice
|
Subtype |
Notice
|
Description |
Notice ~ NOTICE OF ACKNOWLEDGMENT
|
On Behalf Of |
MERCURY INDEMNITY COMPANY OF AMERICA
|
|
Docket Date |
2023-02-20
|
Type |
Notice
|
Subtype |
Notice
|
Description |
Notice ~ NOTICE OF ACKNOWLEDGMENT
|
On Behalf Of |
MERCURY INDEMNITY COMPANY OF AMERICA
|
|
Docket Date |
2023-02-16
|
Type |
Notice
|
Subtype |
Notice
|
Description |
Notice ~ NOTICE OF ACKNOWLEDGMENT
|
On Behalf Of |
PAN AM DIAGNOSTIC OF ORLANDO
|
|
Docket Date |
2022-12-28
|
Type |
Brief
|
Subtype |
Reply Brief
|
Description |
Appellant's Reply Brief
|
On Behalf Of |
MERCURY INDEMNITY COMPANY OF AMERICA
|
|
Docket Date |
2022-12-16
|
Type |
Notice
|
Subtype |
Notice of Supplemental Authority
|
Description |
Notice of Supplemental Authority
|
On Behalf Of |
PAN AM DIAGNOSTIC OF ORLANDO
|
|
Docket Date |
2022-11-30
|
Type |
Notice
|
Subtype |
Notice of Supplemental Authority
|
Description |
Notice of Supplemental Authority
|
On Behalf Of |
PAN AM DIAGNOSTIC OF ORLANDO
|
|
Docket Date |
2022-11-30
|
Type |
Motions Extensions
|
Subtype |
Motion for Extension of Time to Serve Reply Brief
|
Description |
Mot. for Extension of Time to File Reply Brief ~ APPELLANT'S UNOPPOSED MOTION FOR EXTENSION OF TIME TO SERVE REPLY BRIEF
|
On Behalf Of |
MERCURY INDEMNITY COMPANY OF AMERICA
|
|
Docket Date |
2022-11-30
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time
|
Description |
Clerk's notice granting eot (CLKEX) ~ RB-30 days to 12/28/2022
|
|
Docket Date |
2022-11-08
|
Type |
Brief
|
Subtype |
Amicus Curiae Brief
|
Description |
Amicus Curiae Brief ~ BRIEF OF AMICUS CURIAE FLORIDIANS FOR FAIR INSURANCE, INC.
|
On Behalf Of |
PAN AM DIAGNOSTIC OF ORLANDO
|
|
Docket Date |
2022-11-07
|
Type |
Brief
|
Subtype |
Amicus Curiae Brief
|
Description |
Amicus Curiae Brief ~ BRIEF OF AMICUS CURIAE FLORIDIANS FOR FAIR INSURANCE, INC.
|
On Behalf Of |
PAN AM DIAGNOSTIC OF ORLANDO
|
|
Docket Date |
2022-10-27
|
Type |
Brief
|
Subtype |
Answer Brief
|
Description |
Appellee's Answer Brief
|
On Behalf Of |
PAN AM DIAGNOSTIC OF ORLANDO
|
|
Docket Date |
2022-10-27
|
Type |
Motions Relating to Attorney Fees/Costs
|
Subtype |
Motion For Attorney's Fees
|
Description |
Motion For Attorney's Fees
|
On Behalf Of |
PAN AM DIAGNOSTIC OF ORLANDO
|
|
Docket Date |
2022-10-07
|
Type |
Motions Other
|
Subtype |
Miscellaneous Motion
|
Description |
Miscellaneous Motion Granted (OG999) ~ Upon consideration, Floridians for Fair Insurance, Inc.’s unopposed Motion for leave to file amicus curiae brief is granted.
|
|
Docket Date |
2022-10-06
|
Type |
Motions Relating to Briefs
|
Subtype |
Motion to File Amicus Curiae Brief
|
Description |
Motion To File Amicus Curi. Brief ~ UNOPPOSED MOTION FOR LEAVE TO FILE AMICUS CURIAE BRIEF
|
On Behalf Of |
MARTIN E. LEACH
|
|
Docket Date |
2022-08-26
|
Type |
Notice
|
Subtype |
Notice of Agreed Extension of Time
|
Description |
Notice of Agreed Extension of Time
|
On Behalf Of |
PAN AM DIAGNOSTIC OF ORLANDO
|
|
Docket Date |
2022-08-26
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time
|
Description |
Recognizing Agreed Extension of Time ~ AB- 60 days to 10/30/2022
|
|
Docket Date |
2022-08-01
|
Type |
Motions Relating to Oral Argument
|
Subtype |
Motion/Request for Oral Argument
|
Description |
Request for Oral Argument
|
On Behalf Of |
MERCURY INDEMNITY COMPANY OF AMERICA
|
|
Docket Date |
2022-08-01
|
Type |
Motions Relating to Attorney Fees/Costs
|
Subtype |
Motion For Attorney's Fees
|
Description |
Motion For Attorney's Fees
|
On Behalf Of |
MERCURY INDEMNITY COMPANY OF AMERICA
|
|
Docket Date |
2022-07-01
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time
|
Description |
Clerk's notice granting eot (CLKEX) ~ IB-30 days to 7/31/22
|
|
Docket Date |
2022-06-01
|
Type |
Motions Extensions
|
Subtype |
Motion for Extension of Time to Serve Initial Brief
|
Description |
Mot. for Extension of time to file Initial Brief
|
On Behalf Of |
MERCURY INDEMNITY COMPANY OF AMERICA
|
|
Docket Date |
2022-06-01
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time
|
Description |
Clerk's notice granting eot (CLKEX) ~ IB-30 days to 7/01/2022
|
|
Docket Date |
2022-05-03
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time
|
Description |
Clerk's notice granting eot (CLKEX) ~ IB-30 days to 6/02/2022
|
|
Docket Date |
2022-05-03
|
Type |
Motions Extensions
|
Subtype |
Motion for Extension of Time to Serve Initial Brief
|
Description |
Mot. for Extension of time to file Initial Brief
|
On Behalf Of |
MERCURY INDEMNITY COMPANY OF AMERICA
|
|
Docket Date |
2022-04-04
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time
|
Description |
Clerk's notice granting eot (CLKEX) ~ IB-30 days to 5/03/2022
|
|
Docket Date |
2022-04-01
|
Type |
Motions Extensions
|
Subtype |
Motion for Extension of Time to Serve Initial Brief
|
Description |
Mot. for Extension of time to file Initial Brief ~ APPELLANT'S UNOPPOSED MOTION FOR EXTENSIONOF TIME TO SERVE INITIAL BRIEF
|
On Behalf Of |
MERCURY INDEMNITY COMPANY OF AMERICA
|
|
Docket Date |
2022-03-31
|
Type |
Record
|
Subtype |
Record on Appeal
|
Description |
Record on Appeal
|
On Behalf Of |
Miami-Dade Clerk
|
|
Docket Date |
2022-02-11
|
Type |
Order
|
Subtype |
Order on Motion to Supplement Record
|
Description |
Mot to Supplement Rec w/attachment Granted (OG13) ~ Appellant’s Motion to Supplement the Record on Appeal, filed on February 10, 2022, is granted, and the record on appeal is supplemented to include the transcript that is filed separately.
|
|
Docket Date |
2022-02-10
|
Type |
Motions Relating to Records
|
Subtype |
Motion to Supplement Record
|
Description |
Motion to Supplement the Record
|
On Behalf Of |
MERCURY INDEMNITY COMPANY OF AMERICA
|
|
Docket Date |
2022-02-10
|
Type |
Record
|
Subtype |
Supplemental Record
|
Description |
Supplemental Records
|
On Behalf Of |
MERCURY INDEMNITY COMPANY OF AMERICA
|
|
Docket Date |
2022-01-25
|
Type |
Notice
|
Subtype |
Notice of Appeal Transmittal Form
|
Description |
Notice of Transmittal--NOA
|
On Behalf Of |
PAN AM DIAGNOSTIC OF ORLANDO
|
|
Docket Date |
2022-01-25
|
Type |
Misc. Events
|
Subtype |
Fee Status
|
Description |
FP:Fee Paid Through Portal
|
|
Docket Date |
2022-01-25
|
Type |
Letter
|
Subtype |
Acknowledgment Letter
|
Description |
Acknowledgment Letter ~ Acknowledgment of new case with attachments. **The $300 filing fee for an appeal is due.
|
|
Docket Date |
2023-07-20
|
Type |
Response
|
Subtype |
Response
|
Description |
RESPONSE ~ APPELLEE'S RESPONSE TO APPELLANT'S MOTIONFOR REHEARING, MOTION FOR REHEARING EN BANCAND/OR MOTION FOR CERTIFICATION
|
On Behalf Of |
PAN AM DIAGNOSTIC OF ORLANDO
|
|
Docket Date |
2023-07-10
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time to File Response
|
Description |
Ext-granted to respond to motion (OG01A) ~ Appellant's Unopposed Motion for Second Extension of Time to File a Motion for Rehearing and Clarification is granted to and including five (5) days from the date of this Order.Appellee's Unopposed Motion for Extension of Time to File a Response to Appellant's Motion for Rehearing, Motion for Rehearing En Banc and/or Motion for Certification is granted to and including ten (10) days from the date of this Order.
|
|
Docket Date |
2023-03-01
|
Type |
Notice
|
Subtype |
Notice
|
Description |
Notice of Live OA ~ The above-styled cause will be set for oral argument on WEDNESDAY, APRIL 19, 2023, at 9:30 A.M., in person, at the Third District Court of Appeal, which is located at 2001 S.W. 117 Avenue, Miami, Florida 33175-1716.The parties will be allowed FIFTEEN (15) MINUTES per side to present their arguments. The Court reserves the right to remove the case from the oral argument calendar at any time before the date of oral argument. Each of the attorneys who will argue must return a Notice of Acknowledgment, attached hereto, within three (3) days of this Notice. The Notice has instructions for return.If this is a criminal appeal, in compliance with Marsy’s Law, the State of Florida is hereby directed to provide notice of this oral argument to the victims, as defined by Marsy’s Law. Similar or related cases should be brought to the attention of the Oral Argument Clerk at (305) 229-3200 ext. 3258. Absence of counsel at the time this case is called shall be deemed a waiver of oral argument.
|
|
Docket Date |
2023-02-15
|
Type |
Notice
|
Subtype |
Notice of Oral Argument
|
Description |
Notice of Oral Argument ~ The above-styled cause will be set for oral argument during the week of April 17, 2023, before the Third District Court of Appeal, which is located at 2001 S.W. 117 Avenue, Miami, Florida 33175-1716.All counsel and self-represented parties (if applicable) who will appear to argue this cause before the Court must complete and return the attached Notice of Acknowledgment within seven (7) days of this Notice. The parties will be allowed FILLIN "10, 15 or 20 minutes" \* MERGEFORMAT fifteen (15) minutes per side to present their arguments. Counsel is cautioned that failure to timely respond to this Order will result in the case being set for in-person oral argument.PLEASE NOTE THIS NOTICE AND THE ATTACHED ACKNOWLEDGEMENT FORM HAVE CHANGED. PLEASE READ CAREFULLY. THE PARTIES MAY SELECT IN-PERSON OR REMOTE APPEARANCE. COUNSEL (AND SELF-REPRESENTED PARTIES, IF APPLICABLE) MUST CONFER AND SEEK AGREEMENT UPON THE METHOD OF APPEARANCE (IN-PERSON OR REMOTE) PRIOR TO COMPLETING AND RETURNING THE ATTACHED NOTICE OF ACKNOWLEDGEMENT FORM. Upon receipt of the acknowledgement form, the Court shall send out a notice of in-person (if all parties agree to appear in-person), remote (if all parties agree to appear remotely), or hybrid (if one or more parties will appear in-person, but other(s) will appear remotely) oral argument.It is your responsibility to contact the Clerk’s office if you do not receive a notice reflecting the specific date and time for oral argument 7 days before the week specified above. If this is a criminal appeal, in compliance with Marsy’s Law, the State of Florida is hereby directed to provide notice of this oral argument to the victims, as defined by Marsy’s Law. The Court reserves the right to remove the case from the oral argument calendar at any time before the date of oral argument. Additionally, the Court reserves the right to change the date, time, and method of appearance of the oral argument. Please review any amended or updated notice carefully. Similar or related cases should be brought to the attention of the Oral Argument Clerk at (305) 229-3200 ext. 3258. Absence of counsel at the time this case is called shall be deemed a waiver of oral argument.
|
|
Docket Date |
2022-08-01
|
Type |
Brief
|
Subtype |
Initial Brief
|
Description |
Initial Brief on Merits
|
On Behalf Of |
MERCURY INDEMNITY COMPANY OF AMERICA
|
|
Docket Date |
2022-07-01
|
Type |
Motions Extensions
|
Subtype |
Motion for Extension of Time to Serve Initial Brief
|
Description |
Mot. for Extension of time to file Initial Brief ~ APPELLANT'S UNOPPOSED MOTION FOR EXTENSION OF TIME TO SERVE INITIAL BRIEF
|
On Behalf Of |
MERCURY INDEMNITY COMPANY OF AMERICA
|
|
Docket Date |
2022-01-26
|
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 February 5, 2022.
|
|
Docket Date |
2022-01-26
|
Type |
Notice
|
Subtype |
Notice of Appearance
|
Description |
Notice of Appearance
|
On Behalf Of |
PAN AM DIAGNOSTIC OF ORLANDO
|
|
Docket Date |
2022-01-26
|
Type |
Misc. Events
|
Subtype |
Case Filing Fee Paid through Portal
|
Description |
Case Filing Fee Paid Through Portal
|
On Behalf Of |
MERCURY INDEMNITY COMPANY OF AMERICA
|
|
|
FRANK TIDWELL, PAMELA TIDWELL, AND TIDWELL ELECTRIC COMPANY, INC. VS MERCURY INDEMNITY COMPANY OF AMERICA
|
2D2020-2283
|
2020-07-28
|
Closed
|
|
Classification |
NOA Final - Circuit Civil - Other
|
Court |
2nd District Court of Appeal
|
Originating Court |
Circuit Court for the Thirteenth Judicial Circuit, Hillsborough County
17-CA-8103
|
Parties
Name |
PAMELA TIDWELL
|
Role |
Appellant
|
Status |
Active
|
|
Name |
FRANK TIDWELL
|
Role |
Appellant
|
Status |
Active
|
Representations |
Andy Dogali, Esq., Barbara Ursula Uberoi, Esq.
|
|
Name |
TIDWELL ELECTRIC COMPANY, INC.
|
Role |
Appellant
|
Status |
Active
|
|
Name |
MERCURY INDEMNITY COMPANY OF AMERICA
|
Role |
Appellee
|
Status |
Active
|
Representations |
DEE ANN J. MC LEMORE, ESQ., CHARLES W. HALL, ESQ., SHAINA THORPE, ESQ., MICHAEL DAVID SIEGEL, ESQ.
|
|
Name |
HON. PAUL L. HUEY
|
Role |
Judge/Judicial Officer
|
Status |
Active
|
|
Name |
HILLSBOROUGH CLERK
|
Role |
Lower Tribunal Clerk
|
Status |
Active
|
|
Docket Entries
Docket Date |
2021-07-09
|
Type |
Mandate
|
Subtype |
Mandate
|
Description |
Mandate
|
|
Docket Date |
2021-06-18
|
Type |
Disposition by Opinion
|
Subtype |
Affirmed
|
Description |
Affirmed - Per Curiam Affirmed
|
|
Docket Date |
2021-03-05
|
Type |
Brief
|
Subtype |
Reply Brief
|
Description |
Appellant Reply Brief
|
On Behalf Of |
FRANK TIDWELL
|
|
Docket Date |
2021-02-24
|
Type |
Notice
|
Subtype |
Notice of Agreed Extension of Time
|
Description |
Stipulation for Extension of Time ~ 7 - RB DUE 3/4/21
|
On Behalf Of |
FRANK TIDWELL
|
|
Docket Date |
2021-01-25
|
Type |
Brief
|
Subtype |
Answer Brief
|
Description |
Appellee Answer Brief
|
On Behalf Of |
MERCURY INDEMNITY COMPANY OF AMERICA
|
|
Docket Date |
2021-01-13
|
Type |
Notice
|
Subtype |
Notice of Agreed Extension of Time
|
Description |
Stipulation for Extension of Time ~ 15 - AB DUE 1/25/21
|
On Behalf Of |
MERCURY INDEMNITY COMPANY OF AMERICA
|
|
Docket Date |
2020-12-14
|
Type |
Notice
|
Subtype |
Notice of Agreed Extension of Time
|
Description |
Stipulation for Extension of Time ~ 30 - AB DUE 1/15/21
|
On Behalf Of |
MERCURY INDEMNITY COMPANY OF AMERICA
|
|
Docket Date |
2020-12-07
|
Type |
Record
|
Subtype |
Supplemental Record
|
Description |
Supplemental Records ~ REDACTED - 14 PAGES
|
|
Docket Date |
2020-11-12
|
Type |
Order
|
Subtype |
Order on Motion to Supplement Record
|
Description |
grant supp/short/explain procedure ~ Appellants’ motion to supplement the record is granted to the extent that the Appellants 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 |
2020-11-10
|
Type |
Order
|
Subtype |
Order on Consolidation
|
Description |
Consolidation-130 ~ The above cases are consolidated for appeal for all purposes. All electronic filings in these consolidated cases shall be filed using the earliest case number.
|
|
Docket Date |
2020-10-28
|
Type |
Record
|
Subtype |
Record on Appeal
|
Description |
Received Records ~ HUEY - REDACTED - 345 PAGES
|
|
Docket Date |
2020-10-27
|
Type |
Motions Relating to Records
|
Subtype |
Motion to Supplement Record
|
Description |
Motion Supplem/Record with/Attached
|
On Behalf Of |
FRANK TIDWELL
|
|
Docket Date |
2020-10-26
|
Type |
Notice
|
Subtype |
Notice
|
Description |
Notice ~ APPELLANT KAYLA TONI MITRI'S NOTICE OF ADOPTION OF INITIAL BRIEFOF APPELLANTS FRANK TIDWELL, PAMELA TIDWELL, AND TIDWELLELECTRIC COMPANY, INC.
|
On Behalf Of |
MERCURY INDEMNITY COMPANY OF AMERICA
|
|
Docket Date |
2020-10-26
|
Type |
Brief
|
Subtype |
Initial Brief
|
Description |
Initial Appellant Brief on Merits
|
On Behalf Of |
FRANK TIDWELL
|
|
Docket Date |
2020-10-06
|
Type |
Record
|
Subtype |
Record on Appeal
|
Description |
Received Records ~ REDACTED RECORD (AMENDED TITLE PAGE)
|
|
Docket Date |
2020-10-05
|
Type |
Notice
|
Subtype |
Notice of Agreed Extension of Time
|
Description |
Stipulation for Extension of Time ~ 21 - IB DUE 10/26/20
|
On Behalf Of |
FRANK TIDWELL
|
|
Docket Date |
2020-09-17
|
Type |
Order
|
Subtype |
Order on Motion to Consolidate
|
Description |
Deny Consolidation-75d ~ Appellant Kayla Toni Mitri's motion to consolidate case 2D20-2283 with case 2D20-2480 is denied without prejudice to refile the motion in case 2D20-2480 upon payment of the filing fee. Appellant's motion for extension of time in case 2D20-2480 is granted in part, and Appellant shall satisfy the fee order within fifteen days. Failure to pay the filing fee in case number 2D20-2480 within fifteen days will result in that appeal being dismissed.
|
|
Docket Date |
2020-08-27
|
Type |
Motions Other
|
Subtype |
Motion To Consolidate
|
Description |
Motion To Consolidate
|
On Behalf Of |
MERCURY INDEMNITY COMPANY OF AMERICA
|
|
Docket Date |
2020-08-05
|
Type |
Order
|
Subtype |
Order Discharging Show Cause Order
|
Description |
ORD-DISCHARGING SHOW CAUSE ~ This court's July 28, 2020, order to show cause is hereby discharged.
|
|
Docket Date |
2020-08-03
|
Type |
Notice
|
Subtype |
Notice of Appearance
|
Description |
Notice of Appearance
|
On Behalf Of |
MERCURY INDEMNITY COMPANY OF AMERICA
|
|
Docket Date |
2020-08-03
|
Type |
Response
|
Subtype |
Response
|
Description |
RESPONSE ~ TO ORDER TO SHOW CAUSE DATED JULY 28, 2020
|
On Behalf Of |
FRANK TIDWELL
|
|
Docket Date |
2020-07-28
|
Type |
Notice
|
Subtype |
Notice of Appeal
|
Description |
Notice of Appeal Filed ~ WITH ORDER
|
On Behalf Of |
FRANK TIDWELL
|
|
Docket Date |
2020-07-28
|
Type |
Letter
|
Subtype |
Acknowledgment Letter
|
Description |
Acknowledgment Letter 1
|
|
Docket Date |
2020-07-28
|
Type |
Order
|
Subtype |
Order on Filing Fee
|
Description |
fee - civil; atty
|
|
Docket Date |
2020-07-28
|
Type |
Misc. Events
|
Subtype |
Fee Status
|
Description |
A3:Paid In Full - $300
|
|
|
FRANK TIDWELL, PAMELA TIDWELL, AND TIDWELL ELECTRIC COMPANY, INC. VS MERCURY INDEMNITY COMPANY OF AMERICA
|
2D2019-3840
|
2019-10-07
|
Closed
|
|
Classification |
NOA Final - Circuit Civil - Other
|
Court |
2nd District Court of Appeal
|
Originating Court |
Circuit Court for the Thirteenth Judicial Circuit, Hillsborough County
17-CA-8103
|
Parties
Name |
TIDWELL ELECTRIC COMPANY, INC.
|
Role |
Appellant
|
Status |
Active
|
|
Name |
FRANK TIDWELL
|
Role |
Appellant
|
Status |
Active
|
Representations |
Andy Dogali, Esq., Barbara Ursula Uberoi, Esq.
|
|
Name |
PAMELA TIDWELL
|
Role |
Appellant
|
Status |
Active
|
|
Name |
MERCURY INDEMNITY COMPANY OF AMERICA
|
Role |
Appellee
|
Status |
Active
|
Representations |
SHAINA THORPE, ESQ., DEE ANN J. MC LEMORE, ESQ., MICHAEL DAVID SIEGEL, ESQ., CHARLES W. HALL, ESQ.
|
|
Name |
HON. PAUL L. HUEY
|
Role |
Judge/Judicial Officer
|
Status |
Active
|
|
Name |
HILLSBOROUGH CLERK
|
Role |
Lower Tribunal Clerk
|
Status |
Active
|
|
Docket Entries
Docket Date |
2019-10-28
|
Type |
Record
|
Subtype |
Appendix to Response
|
Description |
APPENDICES /ATTACHMENTS TO RESPONSE ~ APPENDIX TO RESPONSE TO ORDER TO SHOW CAUSE
|
On Behalf Of |
FRANK TIDWELL
|
|
Docket Date |
2020-02-27
|
Type |
Misc. Events
|
Subtype |
Case Closed
|
Description |
Case Closed
|
|
Docket Date |
2020-02-03
|
Type |
Disposition by Order
|
Subtype |
Dismissed
|
Description |
dismiss appeal nonfinal/nonappealable order ~ This appeal is dismissed as from a nonappealable nonfinal order.
|
|
Docket Date |
2020-02-03
|
Type |
Disposition
|
Subtype |
Dismissed
|
Description |
Dismissed - Order by Judge ~ Silberman, LaRose, and Smith
|
|
Docket Date |
2020-01-17
|
Type |
Response
|
Subtype |
Response
|
Description |
RESPONSE ~ RESPONSE TO ORDER TO FILE STATUS REPORT REGARDING RELINQUISHMENT
|
On Behalf Of |
FRANK TIDWELL
|
|
Docket Date |
2020-01-07
|
Type |
Order
|
Subtype |
Order to File Status Report
|
Description |
status report within * days ~ The appellants shall file a status report on relinquishment, which period ended on November 20, 2019, within 10 days of the present order.
|
|
Docket Date |
2019-10-31
|
Type |
Order
|
Subtype |
Order
|
Description |
Miscellaneous Order ~ The appellants' response is noted. Jurisdiction shall remain relinquished for 20 days from the date of this order for the appellants to obtain a judgment with unambiguous language of finality. See, e.g., Malu v. City of Gainesville, 872 So. 2d 445 (Fla. 1st DCA 2004) ("A determination that 'final judgment shall be entered,' is insufficient to unequivocally demonstrate finality.").
|
|
Docket Date |
2019-10-28
|
Type |
Misc. Events
|
Subtype |
Case Filing Fee Paid through Portal
|
Description |
Case Filing Fee Paid through Portal
|
|
Docket Date |
2019-10-28
|
Type |
Response
|
Subtype |
Response
|
Description |
RESPONSE ~ RESPONSE TO ORDER TO SHOW CAUSE
|
On Behalf Of |
FRANK TIDWELL
|
|
Docket Date |
2019-10-28
|
Type |
Notice
|
Subtype |
Notice of Appearance
|
Description |
Notice of Appearance
|
On Behalf Of |
FRANK TIDWELL
|
|
Docket Date |
2019-10-09
|
Type |
Notice
|
Subtype |
Notice of Appearance
|
Description |
Notice of Appearance
|
On Behalf Of |
MERCURY INDEMNITY COMPANY OF AMERICA
|
|
Docket Date |
2019-10-07
|
Type |
Letter
|
Subtype |
Acknowledgment Letter
|
Description |
Acknowledgment Letter 1
|
|
Docket Date |
2019-10-07
|
Type |
Notice
|
Subtype |
Notice of Appeal
|
Description |
Notice of Appeal Filed ~ W/ORDER APPEALED
|
On Behalf Of |
FRANK TIDWELL
|
|
Docket Date |
2019-10-07
|
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 |
2019-10-07
|
Type |
Misc. Events
|
Subtype |
Fee Status
|
Description |
FP:Fee Paid Through Portal
|
|
|
MERCURY INDEMNITY COMPANY OF AMERICA VS MAXIMILIANO RAMOS MONTES DE OCA, ET AL
|
2D2019-3663
|
2019-09-23
|
Closed
|
|
Classification |
NOA Final - Circuit Civil - Other
|
Court |
2nd District Court of Appeal
|
Originating Court |
Circuit Court for the Thirteenth Judicial Circuit, Hillsborough County
17-CA-4193
|
Parties
Name |
MERCURY INDEMNITY COMPANY OF AMERICA
|
Role |
Appellant
|
Status |
Active
|
Representations |
KANSAS R. GOODEN, ESQ., Ian E. Waldick, Esq.
|
|
Name |
THE RAO LAW FRIM, P. L.
|
Role |
Appellee
|
Status |
Active
|
|
Name |
TARA MANISHA RAO
|
Role |
Appellee
|
Status |
Active
|
|
Name |
GEICO GENERAL INSURANCE COMPANY
|
Role |
Appellee
|
Status |
Active
|
|
Name |
ERNESTO MESTRE
|
Role |
Appellee
|
Status |
Active
|
|
Name |
US GRANITE POINT, INC
|
Role |
Appellee
|
Status |
Active
|
|
Name |
ASHLEY MORGAN MESTRE
|
Role |
Appellee
|
Status |
Active
|
|
Name |
MAXIMILIANO RAMOS MONTES DE OCA
|
Role |
Appellee
|
Status |
Active
|
Representations |
JOSEPH K. LOPEZ, JR., ESQ., THOMAS A. BURNS, ESQ., MARTIN W. PALMER, ESQ., MICHAEL DAVID SIEGEL, ESQ., COLE C. MASTERSON, ESQ.
|
|
Name |
IDS PROPERTY AND CASUALTY INSURANCE COMPANY
|
Role |
Appellee
|
Status |
Active
|
|
Name |
HON. EMILY PEACOCK
|
Role |
Judge/Judicial Officer
|
Status |
Active
|
|
Name |
HILLSBOROUGH CLERK
|
Role |
Lower Tribunal Clerk
|
Status |
Active
|
|
Docket Entries
Docket Date |
2020-11-13
|
Type |
Disposition
|
Subtype |
Dismissed
|
Description |
Dismissed - Order by Clerk
|
|
Docket Date |
2020-11-13
|
Type |
Disposition by Order
|
Subtype |
Dismissed
|
Description |
ORDER GRANTING VOLUNTARY DISMISSAL
|
|
Docket Date |
2020-11-13
|
Type |
Misc. Events
|
Subtype |
Case Closed
|
Description |
Case Closed
|
|
Docket Date |
2020-11-09
|
Type |
Motions Other
|
Subtype |
Motion/Notice Voluntary Dismissal
|
Description |
Notice of Voluntary Dismissal
|
On Behalf Of |
MERCURY INDEMNITY COMPANY OF AMERICA
|
|
Docket Date |
2020-11-06
|
Type |
Notice
|
Subtype |
Notice
|
Description |
Notice ~ NOTICE OF SETTLEMENT
|
On Behalf Of |
MERCURY INDEMNITY COMPANY OF AMERICA
|
|
Docket Date |
2020-08-31
|
Type |
Brief
|
Subtype |
Reply Brief
|
Description |
Appellant Reply Brief
|
On Behalf Of |
MERCURY INDEMNITY COMPANY OF AMERICA
|
|
Docket Date |
2020-07-27
|
Type |
Notice
|
Subtype |
Notice of Agreed Extension of Time
|
Description |
Stipulation for Extension of Time ~ 30 - RB DUE 8/3120
|
On Behalf Of |
MERCURY INDEMNITY COMPANY OF AMERICA
|
|
Docket Date |
2020-06-30
|
Type |
Brief
|
Subtype |
Answer Brief
|
Description |
Appellee Answer Brief
|
On Behalf Of |
MAXIMILIANO RAMOS MONTES DE OCA
|
|
Docket Date |
2020-06-23
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
Description |
ORDER GRANTING EOT FOR ANSWER BRIEF ~ Appellee Tara Manisha Rao's motion for extension of time is granted, and the answer brief shall be served within seven days from the date of this order.
|
|
Docket Date |
2020-06-22
|
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 |
MAXIMILIANO RAMOS MONTES DE OCA
|
|
Docket Date |
2020-06-17
|
Type |
Record
|
Subtype |
Supplemental Record
|
Description |
Supplemental Records ~ 2ND SUPPLEMENTAL - REDACTED - 49 PAGES - CORRECTED
|
|
Docket Date |
2020-05-21
|
Type |
Order
|
Subtype |
Order on Motion to Supplement Record
|
Description |
ORDER GRANTING MOTION TO SUPPLEMENT THE RECORD ~ Appellees' motion to supplement the record is granted, and appellees 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.Appellees' motion for extension of time is granted, and the answer brief shall be served within thirty-two days from the date of this order.
|
|
Docket Date |
2020-05-19
|
Type |
Motions Relating to Records
|
Subtype |
Motion to Supplement Record & EOT/Toll Briefing
|
Description |
Motion Supplemental Record & Eot For Brief
|
On Behalf Of |
MAXIMILIANO RAMOS MONTES DE OCA
|
|
Docket Date |
2020-05-01
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
Description |
ORDER GRANTING EOT FOR ANSWER BRIEF ~ Appellees' motion for extension of time is granted, and the answer brief shall be served by June 1, 2020.
|
|
Docket Date |
2020-04-30
|
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 |
MAXIMILIANO RAMOS MONTES DE OCA
|
|
Docket Date |
2020-03-25
|
Type |
Order
|
Subtype |
Order on Motion To Withdraw as Counsel
|
Description |
ORD-WITHDRAW AS COUNSEL ~ Appellate counsel's motion to withdraw as counsel of record for the appellee Tara Manish Rao is granted. Attorney Arda Goker relieved of further appellate responsibility. Attorney Thomas Burns and Burns, P.A. will continue to represent the appellee in this proceeding.
|
|
Docket Date |
2020-03-11
|
Type |
Motions Relating to Parties and Counsel
|
Subtype |
Motion To Withdraw as Counsel
|
Description |
Motion To Withdraw as Counsel
|
On Behalf Of |
MAXIMILIANO RAMOS MONTES DE OCA
|
|
Docket Date |
2020-03-06
|
Type |
Notice
|
Subtype |
Notice of Agreed Extension of Time
|
Description |
Stipulation for Extension of Time ~ 45 - IB DUE 4/30/20
|
On Behalf Of |
MAXIMILIANO RAMOS MONTES DE OCA
|
|
Docket Date |
2020-01-29
|
Type |
Notice
|
Subtype |
Notice of Agreed Extension of Time
|
Description |
Stipulation for Extension of Time ~ 45 - AB DUE 3/16/20
|
On Behalf Of |
MAXIMILIANO RAMOS MONTES DE OCA
|
|
Docket Date |
2020-01-06
|
Type |
Record
|
Subtype |
Supplemental Record
|
Description |
Supplemental Records ~ 100 PAGES
|
|
Docket Date |
2019-12-30
|
Type |
Motions Relating to Oral Argument
|
Subtype |
Motion/Request for Oral Argument
|
Description |
Request for Oral Argument
|
On Behalf Of |
MERCURY INDEMNITY COMPANY OF AMERICA
|
|
Docket Date |
2019-12-30
|
Type |
Brief
|
Subtype |
Initial Brief
|
Description |
Initial Appellant Brief on Merits
|
On Behalf Of |
MERCURY INDEMNITY COMPANY OF AMERICA
|
|
Docket Date |
2019-12-24
|
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 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 |
2019-12-20
|
Type |
Motions Relating to Records
|
Subtype |
Motion to Supplement Record
|
Description |
Motion to Supplement
|
On Behalf Of |
MERCURY INDEMNITY COMPANY OF AMERICA
|
|
Docket Date |
2019-11-27
|
Type |
Notice
|
Subtype |
Notice of Agreed Extension of Time
|
Description |
Stipulation for Extension of Time ~ 30 - IB DUE 12/30/19
|
On Behalf Of |
MERCURY INDEMNITY COMPANY OF AMERICA
|
|
Docket Date |
2019-11-26
|
Type |
Record
|
Subtype |
Record on Appeal
|
Description |
Received Records ~ PEACOCK **CONFIDENTIAL** PARTIALLY UNREDACTED- 734 PAGES
|
|
Docket Date |
2019-10-17
|
Type |
Notice
|
Subtype |
Notice of Change of Address
|
Description |
Notice of Change of Address ~ AND TELEPHONE NUMBER
|
On Behalf Of |
MERCURY INDEMNITY COMPANY OF AMERICA
|
|
Docket Date |
2019-09-24
|
Type |
Letter
|
Subtype |
Acknowledgment Letter
|
Description |
Acknowledgment Letter 1
|
|
Docket Date |
2019-09-24
|
Type |
Order
|
Subtype |
Order on Filing Fee
|
Description |
fee - civil; atty
|
|
Docket Date |
2019-09-24
|
Type |
Misc. Events
|
Subtype |
Case Filing Fee Paid through Portal
|
Description |
Case Filing Fee Paid through Portal
|
On Behalf Of |
MERCURY INDEMNITY COMPANY OF AMERICA
|
|
Docket Date |
2019-09-23
|
Type |
Notice
|
Subtype |
Notice of Appeal
|
Description |
Notice of Appeal Filed ~ WITH ORDER
|
On Behalf Of |
MERCURY INDEMNITY COMPANY OF AMERICA
|
|
Docket Date |
2019-09-23
|
Type |
Misc. Events
|
Subtype |
Fee Status
|
Description |
FP:Fee Paid Through Portal
|
|
Docket Date |
2020-10-12
|
Type |
Order
|
Subtype |
Order Re: Video Oral Argument
|
Description |
OA Notice Video ~ This case is provisionally set for oral argument on THURSDAY, DECEMBER 03, 2020, at 11:00 A.M., before: Judge Darryl C. Casanueva, 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.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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